Legal Question in Family Law in North Carolina

I'll try to make this as brief as possible. My husband has been having an affair for about the last 10 months. Currently, he is unemployed. For the sake of keeping this uncomplicated... I believe he is planning to leave after he finds employment. He has already talked to a lawyer and knows he can't afford a divorce right now. I am hiring a private investigator to confirm my suspicions about his affair. From my own investigation I have figured out who I think this person is. I just need proof. My husband knows I am suspicious. We have had sex maybe only 4 or 5 times this year. Now, all of a sudden he has expressed interest in having sex. Aside, from the emotional, and possible health detriment to having sex with him, is there a legal reason why I shouldn't. Is he up to something I should know about?

Asked on 2/17/14, 7:53 am

2 Answers from Attorneys

Amanda Houser The Houser Law Firm, P.C.

There's no legal reason not to other than perhaps a strategic one if you are planning to divorce and you are already aware there may be health consequences. As to what he is up to - my guess would be the new girlfriend may be smarter than you give her credit for and is no longer interested in a man who is married, has no job and who's character is that of a scum sucking cheater. So being unemployed, he figures he needs to keep his meal ticket (you) happy with a pickle tickle until he can get his cheating monkey paws firmly onto another branch. If you have verified to your satisfaction that he has indeed cheated you should simply dump him and move on. Life's too short to waste it with someone who would do that to you.

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Answered on 2/17/14, 8:35 am
Mueni Muli Wanjohi & Muli Law Firm PLLC

If he is a dependent spouse and you are a supporting spouse, he is entitled to post separation support and alimony. Any infidelity is an absolute bar to any claim of post separation support UNLESS he can raise the defense of condonation. To answer your question: Yes he is up to something. Seek advice of competent legal counsel.

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Answered on 2/17/14, 9:16 am

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