50/50 settlement HELP


#1

Dear drc4521:

Fault from 28 years ago was CONDONNED by your husband. That means he cannot raise it as a bar to alimony. Fault is not generally a reason for property to be divided less than 50/50, so ignore what he is saying to you.

Obtain a credit card and pay for an attorney. I am sure they can get you the relief you need, since I do not believe that filing yourself is truly an option (as proceeding in litigation pro se is not a good option for anyone). Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#2

My husband said he will not devide 50/50 with me because he said that my first child is not his. Before we got married 28 years ago. My husband let a X-con friend of his live in our apartment and when my husband went to work one morning his friend came into our bedroom and got into bed with me. I was asleep and did not know it was not my soon to be husband. I woke up with this man raping me. I never told my soon to be husband because I was scared of this man. I finally got married to my husband when I was 8 months pregnant and never thought that the baby that I was going to have was not his. I finally told my husband when we moved to NC. At the time of this rape we lived in Florida. He was sad about this but was cheating the whole time we were married. My husband is a X-veteran and smokes dope and drinks all the time. I ask my husband to please not bring his drugs in to our home. He continued to bring them into my home so I called the sheriff department on him and gave them his drugs. He was arrested and when he got out he was very mad at me. His friend that he got his drugs from told him to get a 50B restaining order on me and that why he could kick me out of our home that was paid for that is in both of our names. Well he did this and now it has been over 5 years ago. He will not divorce me or give me 1/2 of our property or my stuff. The sheriff department allowed me 5 bags of clothes when they servered me the 50B restraining order and thats all I have got out of 28 years of marriage so far. My husband has another women living in my home and she has threw all of my clothes and person things out to make room for her stuff. If I file the papers myself. Due to I have no job or money for a attorney can I get 1/2 of everything that we have bought since we were married 28 years ago. Even if he says that my oldest daughter is not his. Please help me understand how I can get what is mine.