Yes , believe it or not it will help you somewhat to be the one who starts the divorce proceedings. I did and all though its a tough ordeal it sometimes will help you in the little things that happens through a divorce. If you bought the home together while you where married yes you will be intitled to half of whatever equity you have in your home.
Also I forgot to state this…it helps to be the first one then you have time to check out lawyers and do research before he knows. being perpared this way will help.then you can be the one who files divorce papers through your lawyer first and then he will be left to scramble for a lawyer etc, after you have taken the time to get all your eggs in the same basket. Rembember also do not tell or give any imformation as to what your doing. Just do what you have to do.
I agree with her file first and don’t tell anyone what you are doing!!! ALSO DOCUMENT everything and keep all emails, hire a lawyer if you can afford one and get a voice recorder and if possible record all his nasty messages or if you have an answering machine that uses tapes than keep the tape and use a new one.
Whatever you do don’t let him get to you.
Just remember whatever he does will come back to haunt him 3 times worse later* its called Karma* so just sit back and wait.
Whatever you do do not let him get to you or he will win…he wants to get to you and etc so don’t let him because it will tick him of if he knows its not bothering you.
Just keep your chin up, smile and find humor in it!
Iknow its hard to do but you can.
No one wins in divorce only the Lawyers do!
Greetings. Yes, it appears that you are entitled to half (50% as you say) of the marital residence. It does not matter who starts the process, AS LONG AS it is started before the divorce occurs. If you wait until after the divorce, you CANNOT sue him for division of property (equitable distribution) or alimony. Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
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 but a full discussion with an attorney should be undertaken before taking any action.
My husband and I separated Jauary 2004. I have been the one that has held the marriage together and has loved, wanted and cared for him. He started not showing me affection in late April 2003 but all claim he told me the truth. I finally found out in October, Nov. that he had lied to me and I keep on finding stuff out. He always said there was no another woman and he loved me. Now through couseling he says that he does not know if he wants me and that he never loved me as a wife. He has been playing mind games with me and my family. He is not man enough to stand up and put me last. We made a commitment to one another and I beleive in that commitment but he always goes with the crowd and is very influence by peers. I am tired of the emotional abuse. He is living in our home that we built. If we do divorce, I am entitled to 50% of the house as far as the market value minus the mortage? Would it be better for him to initate the divorce?