Whats Right and Wrong In Divorce Cases


Dear juniepooh:

Greetings. Wow…first, I am not sure what you mean by some of your terms and I am not sure you have given me all the facts I need to make any statements.

What is “discover” - do you mean discovery (as in interrogatories and request for production of documents)?

How long were you married?

When you say divorce proceedings, do you mean that you filed for absolute divorce or that you filed for alimony and equitable distribution.

Is your spouse still deployed?

If your husband had sex with someone other than you prior to divorce, then yes it is adultery. Yes, his mother’s actions may be enough for a claim of alienation of affection, but you would have a difficult time proving that case. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


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 soon to be ex volunteered in 2003 to be activated, 7 months later he called and said he was filing for legal seperation to cover himself. I have just received his discover and he stated that he was having affairs since 1985. He does not want to give me anything support, etc. We are in the process of going through mediation which cost alot of monies and he doesn’t care. It took him nearly 5 months to accept the divorce proceedings and took his time to the very last day to turn over his discover papers, etc.
My question is with him taking as long as he does to respond, etc., will the court notice this?
He has had several “room mates” since we were seperated. We did not have a legal seperation as far as papers go…is this adultry? Also, his mother has always pursuaded him to leave me from the time he brought me to NC., calling me names to her “friends”. Up until he left me, she never had any kind words for me or my children. Isn’t that alienation of affection? She was adviing him to leave me from the day I moved here in 1980.
Another factor is that he is always putting me down in front of the kids we have (24 and 25) and always have his daughter call me to find out what is happening with me and to ask me questions for him.
Can you enlighten me on any of the above? Any answers will be greatly appreciated.