Abandonment, short term marriage, immigration sponsorship liability in NC

Hi,

My spouse of 9 months left the marital residence abruptly after a dispute about the spouses child’s behavior, packing bags and leaving. I reminded them both they did not need to leave, but if they did I would not ask the spouse to return. Later in the evening they had difficulty finding lodging and I reminded the spouse that keys to the marital residence were in their possession and to choose if they wanted to return or not. They did not. A credit card I am responsible for paying was used to booking lodging that evening. I instructed my spouse to book a storage facility themselves if they wanted me to move possessions to a place they could access them, the spouse did so signing the rental agreement but using my credit card to pay for it. I subsequently packed and moved their belongings. I was later asked why I did so. My credit card has subsequently used for about $18,000 worth of lodging and other expenses during a period of approximately 2 months. I do not believe at this point reconciliation will occur. The spouse has marital property- a $90,000 car I paid for but titled to my spouse, the spouses original vehicle which I paid off all debt on ($10,000~)approximately $40,000 in jewelry I paid for and other misc property. I transferred $15 000 to a joint checking account and funds have subsequently been moved to a individual account in the name of my spouse. My spouse returned keys to the marital residence without my request to do so approximately 30 days after departure. Furthermore, my spouse was an illegal immigrant, already present in the US for 10 years; I agreed to sponsor citizenship as a spouse and executed a form i864 which I understand may make me liable in NC for a minimum defined level of support for an unknown duration if I was sued, however, my spouse abandoned me 1 month after receiving a green card and takes a large amount of aforementioned property and cash with them. I also continue to pay all expenses, services and insurance that the spouse needs or requires. We have no children together. At the beginning of our relationship the spouse was employed illegally and supporting their own family, however, after being told of the citizenship problem and being told the spouse lost the job - i encouraged not to seek illegal employment again while we were together due to liability and risk of deportation. It was discussed after the citizenship matter was resolved working again would be easier and safer, no employment was subsequently sought during our 9 months of marriage. We have no children together.

Based on the short term of marriage, property already given, documented expenses being charged and paid by me, and i864 support in context to NC divorce law, what is my realistic financial exposure in a divorce? Are there examples of case outcomes you might be able to reference for readers that reflect this uniquely complex situation I’ve shared?

Thanks.

For property and assets, anything acquired during the marriage (from date of marriage to date of separation) is subject to being divided equally. This is also true for any debts acquired during the marriage.

Title to property/assets does not matter (except for real property) as long as the property/asset was acquired during the marriage.

It is unlikely that you would have an alimony obligation due to a 9-month marriage. Alimony is based, in part, on the accustomed standard of living during the marriage. It will be difficult for your spouse to argue that an accustomed standard of living was reached in less than a year.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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