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Thread: Stuck with cheating wife?

  1. #1
    kstanley37 is offline Junior Member
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    Question Stuck with cheating wife?

    What is the name of your state (only U.S. law)? North Carolina

    Early this year my wife cheated with someone on facebook. Since then she says we are no longer in a relationship but she is still living in my house. She leaves the several hours at a time leaving her 11 year old daughter here at the house alone (not my child). I have asked her to leave so I could file separation papers but she does not seem to want to. So she is living in my house and seeing other men (which I can't prove at the moment). I'm at a loss as to what to do. I can't really afford a lawyer and from what I have researched on NC laws she has to be living in a separate residents for a year before we can get a divorce. I can't file separation papers until she moves out. We have only been married a little over a year but I have owned this home for around 20 years.

    What can I do legally to get this divorce other than proving she is seeing someone? She will try to get me for stalking her if I try to follow her around. I just feel stuck.

    Thanks for any information offered.
  2. #2
    xylene is offline Senior Member
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    You own a house, you can afford a lawyer.
  3. #3
    Ohiogal is offline Senior Member
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    Quote Originally Posted by kstanley37 View Post
    What is the name of your state (only U.S. law)? North Carolina

    Early this year my wife cheated with someone on facebook. Since then she says we are no longer in a relationship but she is still living in my house. She leaves the several hours at a time leaving her 11 year old daughter here at the house alone (not my child). I have asked her to leave so I could file separation papers but she does not seem to want to. So she is living in my house and seeing other men (which I can't prove at the moment). I'm at a loss as to what to do. I can't really afford a lawyer and from what I have researched on NC laws she has to be living in a separate residents for a year before we can get a divorce. I can't file separation papers until she moves out. We have only been married a little over a year but I have owned this home for around 20 years.

    What can I do legally to get this divorce other than proving she is seeing someone? She will try to get me for stalking her if I try to follow her around. I just feel stuck.

    Thanks for any information offered.
    Sue her new lover for alienation of affection/criminal conversation. How do you know she cheated with "someone on facebook"? Start gathering names, meet with an attorney and see about suing EACH AND EVERY PERSON for the above two. Also contact the father of the child and let him know what is going on.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  4. #4
    Antigone* is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    Sue her new lover for alienation of affection/criminal conversation. How do you know she cheated with "someone on facebook"? Start gathering names, meet with an attorney and see about suing EACH AND EVERY PERSON for the above two. Also contact the father of the child and let him know what is going on.

    Heck, I'd tell him to come pick up his kid when mom leaves her alone. You are not a baby sitter.
    Blue Meanie, Ohiogal and tuffbrk like this.
  5. #5
    LdiJ is offline Senior Member
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    Quote Originally Posted by kstanley37 View Post
    What is the name of your state (only U.S. law)? North Carolina

    Early this year my wife cheated with someone on facebook. Since then she says we are no longer in a relationship but she is still living in my house.
    You are still in a relationship. A marriage is a relationship. The fact that you are not having sexual relations does not mean that you are not in a relationship.

    She leaves the several hours at a time leaving her 11 year old daughter here at the house alone (not my child). I have asked her to leave so I could file separation papers but she does not seem to want to. So she is living in my house and seeing other men (which I can't prove at the moment). I'm at a loss as to what to do. I can't really afford a lawyer and from what I have researched on NC laws she has to be living in a separate residents for a year before we can get a divorce. I can't file separation papers until she moves out. We have only been married a little over a year but I have owned this home for around 20 years.
    If you can prove adultery, you could get divorced sooner I believe.

    What can I do legally to get this divorce other than proving she is seeing someone? She will try to get me for stalking her if I try to follow her around. I just feel stuck.

    Thanks for any information offered.
    Get a consult with a local attorney. Verify with a local attorney that you really cannot file for a legal separation and asked to be awarded the marital residence as part of the separation. I believe that NC calls a legal separation a "divorce from bed and board".
  6. #6
    Gail in Georgia is offline Senior Member
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    Offer to put the wife up in another place, paying the security deposit and several months rent.

    Or, do what my partner did when his wife refused to move out so he could initiate the divorce (in South Carolina). HE moved back out to his parents for the year separation.

    Gail
    Isis1 likes this.

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