To file for divorce in NC, you must live separately and apart for at least a year and one day. However, claims regarding property and alimony must be made before the divorce is granted or you lose those rights permanently. The other two areas of concern in family law are custody and child support. Those issues are not lost after a divorce and either party may go before the court in an attempt to change them.
In a separation agreement (which is not a divorce), you can resolve all of these issues if both parties agree. Assuming that your spouse may not agree to giving up visitation, or to have only supervised visitation, these issues would most likely need to be resolved in court. In court, you would be asking the judge to order these things.
Given the circumstances of your post, I would recommend consulting an attorney as soon as possible. You state serious issues that should be investigated thoroughly. It is highly recommended that you resolve the issues regarding custody prior to your divorce.
Thank you for your response. I believe one of my problems(the one between my son and husband) may be getting resolved, I HOPE!
DSS came yesterday and spoke with us about it. They have not spoken with my son yet because they want him to go to a counselor within the next 2 weeks. I’m afraid they don’t believe me because of the way she acted when she found out the baby is not my husband’s. Also, my husband has talked to our son after the social worker instructed us not to! He is trying to scare him saying they will take him away from his mommy if he says anything bad about daddy. I told the lady this today, but they just looked at me. But hopefully the counselor will get him to tell the truth!!
The divorce is separate from child custody. A judge can grant the divorce without granting custody to either spouse. If you wish to file for divorce, you can use the forms on our site. For child custody, you should consult an attorney.
Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax NCdivorce.com
email: angel@rosen.com
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
ok, this is the short version of my crazy marriage:
married in august 2000 when learned i was pregnant.
found out he was cheating shortly after son born in march 2001, but never got any proof.
may 2001-he (in my opinion)raped me
april 2004-began affair with friend and got pregnant
july 2004-husband learned of affair, left for a week, and (unfortunately) forced his way back home and threatens to take our son if i don’t stop the affair
october 2004-son told me his father tried to make him touch his privates, a week later he tried to make him touch his own.
january 2005-baby born and i was forced by husvband and nurse to put his name on bc, eventhough i have been told that fathers name can be left blank
august 2005-found emails proving affair with at least 2 women, speaking of marriage with one, and he’s still looking for another girl
so basically, i want to know how i should go about filing for divorce. i would rather he have supervised or no visitatin rights, and i want his name off my baby’s bc. he does have prior records of indecent exposure on a minor in 1998.