what are my rights

[Ohiogal]

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.

Didn't I say that?

 

[Zigner]

Didn't I say that?

Yep - I guess it just needed to be said by a layperson, as opposed to an experienced family-law attorney.

 

[ProSeAgain]

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.

OP, please note, you cannot file for divorce in NC until you have been separated and not living in the same residence for one year. I'm sure Ohiogal knows this, but I wanted to make sure you did.

 

[Ohiogal]

OP, please note, you cannot file for divorce in NC until you have been separated and not living in the same residence for one year. I'm sure Ohiogal knows this, but I wanted to make sure you did.

He can file for a divorce from bed and board IMMEDIATELY however:

§ 50-7. Grounds for divorce from bed and board


The court may grant divorces from bed and board on application of the party injured, made as by law provided, in the following cases if either party:

(1) Abandons his or her family.

(2) Maliciously turns the other out of doors.

(3) By cruel or barbarous treatment endangers the life of the other. In addition, the court may grant the victim of such treatment the remedies available under G.S. 50B-1, et seq.

(4) Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome.

(5) Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome.

(6) Commits adultery.

History. 1871-2, c. 193, s. 36; Code, s. 1286; Rev., s. 1562; C.S., s. 1660; 1967, c. 1152, s. 7; 1971, c. 1185, s. 22; 1979, c. 561, s. 5; 1985, c. 574, ss. 1, 2.

That will get him sole possession of the marital home and custody/visitation.