Abandonment and divorce questions!


#1
  1. My wife left with no warning and moved out of state. What rights does she have or give up concerning the property and house since she abandoned me?

  2. I have picked up a “Do it yourself Divorce kit” from a local office supply store. Is this something that I am able to complete on my own and file with no problems?

  3. She took our daughter who will be 18 next month. I have supported and provided money and supplies but have not sent monthly child support. Can and how long would she receive child support or would the court even grant it?

  4. If she agrees to a no contest divorce can she later demand a portion of the property? The only property in both of our names is the house.


#2

Your wife’s departure does not affect her property rights. She is entitled to an equitable distribution of the marital estate.

You may not file for divorce until you and your wife have lived in separate residences for one year and one day.

Child support lasts until the child turns 18, or when the child graduates from high school, (but does not continue past age 20)whichever is later.

NC is a no fault divorce state, meaning an action for divorce is maintained only after the parties have been living separate and apart for one year.

Property claims must be filed prior to entry of divorce, and can be filed at anytime after the parties physically separate.

NC typically only considers economic fault in property distribution cases.