What to do?

It sounds like the next step you need to take is to contact an attorney to review the specific facts of your case. I can answer questions but I can not give specific advise on how to initiate the separation without meeting with you personally.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

I have been married 12 years. We have one son 4yo. Recently I started seeing someone from my past because my husband doesn’t ever pay attention to me or our son. He is online from 5-7 hours after work and if we are home on the weekend it is the first thing he does when he gets up and will be there all day if we are home. I do everything around the house and it is never appreciated. I am tired of being lonely when there is someone here.

Anyway I am trying to figure out what I can do as far as a separation? Do I just ask him to leave? Do we need a separation agreement? He does not know about the other man and I would hate for him to find out because he is also married. I want to make sure I keep my son with me. I have a home daycare and have been his sole caretaker since his birth. I can support us just fine so I don’t want alimony and if he agrees to keep my son on his health insurance and to split co-pays and things our son needs with me 50/50 I will waive child support.