dont know what to do?

[bunnys]

What is the name of your state? N.C
2 weeks ago i came home and found my husband in the house with another woman and i only saw her hiding behind my daughters bedroom door with her shirt off, my husband was in the bathroom. He swears nothing happen, i feel he is still seeing her. i want him to leave and he wont. we have been married 6 years and bought a house , loan is in his name and he is retired. I havent worked in about 5 years of this marriage we have no childern together but my 2 childern from 1st marriage live with us ,he has been supporting. where to i stand in this.

 

[nextwife]

A. Who owns the house? If he's owner/half owner, he does not have to leave unless a judge tells him to by court order.

B. He is not legally responsible to support your children from another relationship. That is up to YOU and their father(s).

C. SS for such a short marriage is highly unlikely, especially if he's been retired. You need to start looking for a job to get back in the workforce.

 

[Ohiogal]

I am going to disagree with Nextwife slightly -- it doesn't matter if he is on the title or not> Because the home is the marital residence NEITHER of you have to leave without a court order.

 

[nextwife]

I am going to disagree with Nextwife slightly -- it doesn't matter if he is on the title or not> Because the home is the marital residence NEITHER of you have to leave without a court order.

Very True. He can't just insist she leave, and the same applies to her.

 

[almost done]

And she cannot prove adultry so what pretell are the grounds going to be?

technically speaking he did nothing wrong, so if wanted grounds could be contested as well which delays the process all together.

 

[Golfball]

I'm not an attorney, I do not play one on TV, and I didn't stay at a Holiday Inn Express last night, so take with appropriate quanity of salt:


Actually, adultery (at least in NC), can be demonstrated by showing opportunity and inclination.
Whether the OP's situation demonstrates sufficient proof, or whether further proof is necessary to meet the required standard, is a question that should be posed to OP's NC attorney.

Addtionally, if adultery can be demonstrated, that would be sufficient grounds for a divorce from bed & board. (Essentially, a court order to remove the offending spouse from the marital dwelling.)


And in NC, alimony is mandatory if the supporting spouse engaged in illicit sexual conduct, and the dependent spouse did not. (NCGS 50-16.3A (a)).

 

[nextwife]

Poster will still need a job. And a COURT order. Hubby can stay put unless there is a CO.

For a short term marriage, any SS will also be short term. And mom will need to start contributing to the financial support of HER kids, because it won't be coming from her STBX.

 

[Golfball]

Poster will still need a job. And a COURT order. Hubby can stay put unless there is a CO.

Absolutely. (As I said, a divorce from b&b is a court order.)

And banking on support is not a good idea. Even if you can get a support order to stick, there's still the question of collecting on it.

For a short term marriage, any SS will also be short term. And mom will need to start contributing to the financial support of HER kids, because it won't be coming from her STBX.

Half the length of the marriage (at most).

Whether she gets attorney's fees (NC does allow them at the court's discretion for alimony/temporary support) and/or whether the alimony is enough to be useful is another kettle of fish.

And the court may impute an income to you, as well.