what are my rights

[lee91366]

my wife has an apartment in Columbia, SC because she works there and stays there during the week and we have a house in Charlotte, NC. She had an affair that I found about a year ago but still comes home every weekend to see the kids. what are my rights to stop her from being able to come here and stay in the house every weekend? I was trying to do whats best for the kids but I cant continue to do this anymore

 

[Ohiogal]

my wife has an apartment in Columbia, SC because she works there and stays there during the week and we have a house in Charlotte, NC. She had an affair that I found about a year ago but still comes home every weekend to see the kids. what are my rights to stop her from being able to come here and stay in the house every weekend? I was trying to do whats best for the kids but I cant continue to do this anymore

You have the right to file for divorce in NC and request sole possession of the marital home as well as sue the person with whom she engaged in the affair IF the SOL have not expired and the affair took place in NC and you have not forgiven her for the affair. Seek counsel for both of those things.

 

[Zigner]

OG - why would it matter if it was forgiven when suing for criminal conversation?

 

[Ohiogal]

OG - why would it matter if it was forgiven when suing for criminal conversation?

If he went back to living with her as man and wife (which is what I mean by forgiven) then adultery is no longer a ground for divorce. It also may soften the damages for alienation of affection if the affection was NOT alienated completely. In Ohio we don't have alienation of affection so I know primarily for the divorce portion. However it is possible that the damages would be considered "mitigated" by forgiveness. Hence, my suggestion to seek counsel for both items.

 

[Zigner]

If he went back to living with her as man and wife (which is what I mean by forgiven) then adultery is no longer a ground for divorce. It also may soften the damages for alienation of affection if the affection was NOT alienated completely. In Ohio we don't have alienation of affection so I know primarily for the divorce portion. However it is possible that the damages would be considered "mitigated" by forgiveness. Hence, my suggestion to seek counsel for both items.

Criminal conversation is a separate action from AA. All that is required is that a valid marriage existed and that intercourse took place. If both of those conditions are present, then it occurred.

 

[ecmst12]

Alienation of affection is a ridiculous concept and a waste of time and money to sue someone over.

 

[Ohiogal]

Alienation of affection is a ridiculous concept and a waste of time and money to sue someone over.

You would think except Alienation of Affection in North Carolina can result in judgments in the millions and the judgments are not based on whether the paramour can PAY them. The judgments can affect credit, can be used to attach wages and can be renewed. They can cause a lot of trouble for people who have a judgment against them. How much money is wasted is dependent upon your viewpoint. OP may not get rich but he may get a payout from the person who boinked his wife.

 

[ecmst12]

And what good would that do him? Would it make his wife not have cheated? Would it make their marriage survive? I think it's disgusting to want to ruin the life of someone because of the choices of someone else. The boyfriend didn't make or break any vows here.

 

[Zigner]

And what good would that do him? Would it make his wife not have cheated? Would it make their marriage survive? I think it's disgusting to want to ruin the life of someone because of the choices of someone else. The boyfriend didn't make or break any vows here.

Take it up with the NC legislature

 

[lee91366]

my wife has an apartment in Columbia, SC because she works there and stays there during the week and we have a house in Charlotte, NC. She had an affair that I found about a year ago but still comes home every weekend to see the kids. what are my rights to stop her from being able to come here and stay in the house every weekend? I was trying to do whats best for the kids but I cant continue to do this anymore

ok but can i legally keep her from coming to the house to see the kids

 

[Zigner]

ok but can i legally keep her from coming to the house to see the kids

Nope, it's her marital residence and her kids.

You can file for divorce and request sole possession of the marital house and set up a custody and visitation schedule.

 

[ecmst12]

At this time, you can't keep her out of the house, period.

And just because the legislator allows it doesn't mean it should be done.

 

[Bali Hai]

And what good would that do him? Would it make his wife not have cheated? Would it make their marriage survive? I think it's disgusting to want to ruin the life of someone because of the choices of someone else. The boyfriend didn't make or break any vows here.

Yet you feel it's ok to ruin someone's life forcing them to pay alimony!

 

[Bali Hai]

At this time, you can't keep her out of the house, period.

And just because the legislator allows it doesn't mean it should be done.

The b/f needs a good beating the the good ole bible belt!

 

[Ohiogal]

And what good would that do him? Would it make his wife not have cheated? Would it make their marriage survive? I think it's disgusting to want to ruin the life of someone because of the choices of someone else. The boyfriend didn't make or break any vows here.

The boyfriend committed a tort. He broke the law. He screwed a married woman.