Stuck with cheating wife?

[kstanley37]

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.

 

[xylene]

You own a house, you can afford a lawyer.

 

[Ohiogal]

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.

 

[Antigone*]

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.

 

[LdiJ]

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".

 

[Gail in Georgia]

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