Abandonment


#1

Uhmm…I think that she needs to get an attorney. There is “one year and one day” separation for NC divorce. I’m not sure what the bigamy laws are in NC, in fact, I never knew people actually did that until I was on this site for a while. Here’s what the North Carolina General Statues says though:


#2

If they were separated for 1 year & 1 day and he followed the proper procedure, she may already be divorced. If he had no knowledge of her whereabouts or a physical address for her, he could file for divorce by putting the proper notices in the local papers of the last known address for her. If she did not respond in a certain amount of time, he could ask for a court date and the judge could grant the divorce. She does not have to sign any papers for this to be done. If this is what happened, there is very little chance that she will get any spousal support or alimony since this has to be done before the divorce.

If my husband had waited for his EX to sign papers, he would still be married to her. She thought as long as she did not sign any papers that he could not get the divorce. When she found out we were married, she tried to get him arrested for bigamy but he had the divorce papers and there was nothing she could do.

I agree with what stepmother said about the child and child support.


#3

You know, I never thought about it that way. I was working the assumption that she knew they weren’t divorced[:p] Have your friend contact the clerk of court in the county where it would have been filed to see if there’s a absolute divorce decree on file before she contacts the authorities about bigamy.


#4

Dear friend:

Greetings. How did he get remarried - did they get divorced? If so, there is no chance of spousal support or equitable distribution. If not, then yes your friend can get support. Yes, if she asks for child support, it is likely that he may want some visitation. He is entitled to visitation now, without even paying child support.

Also, yes, if the court order tells him to pay, then he will have to or the court could garnish his wages.

It is a state law that bigamy is a crime and she can, and probably should, turn him in. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.


#5

My friend’s husband got remarried wihout getting a divorce. My friend’s lawyer (someone through the shelter she is living at) has verified that there is no divorce filed under his name.
My question is that if my friend sends him a court order and he does not acknowledge it and maybe even absconds again, what should we do?
Is it better to serve the court order for spousal support and bigamy together? She is afraid that if he finds out that she knows about his remarriage he might abscond again. So maybe at first, at least get the spousal support from him. Then after the trial starts, bring up the bigamy issue???
Thanks!


#6

I believe that these are two separate issues. There wouldn’t be a court order for the bigamy, he would be arrested. If she can time it right, that would be one way of making sure that he doesn’t take off when the order for the spousal support is served[;)]. Your friend should contact the local DA, give them the address that she has found for her ex(husband) and let them handle it from there.


#7

Dear friend:

Her court order would allow her to follow him and garnish his wages whenever he comes up in the system (under his social security number). Serving him with criminal charges on bigamy is not something that she has to do - that is something for the district attorney to do. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.


#8

Thanks for your responses!
I found that my friend’s husband ran away to CA before the child/spousal support papers got to him in NC. What do you recommend we do? My friend told me that she has his new address through a private detective.


#9

Are there any ways to prove someone got remarried if there is no record of it at the local county?


#10

Dear friend:

Greetings. Tell your friend to hire an attorney who may be able to help her freeze his assets, if he has any, and recover. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.


#11

Hello, my friend’s husband has abandoned her and their daughter and has remarried. My friend has been in a shelter with her daughter for over a year. She finally found the address of her husband. All of them live in N. Carolina. As a friend, I would really like her to get justice and am trying to find out ways that her husband can be held resposbible for what he has done and also to get him to pay for spousal support. She is not interested in getting child support as she fears that he may get visitation rights for their daughter. My question is if she sends him a court order for spousal support or divorce and he refuses to acknowledge the order can he be arrested? Is getting remarried before getting a divorce a federal crime? What do you recommend she does to get justice?
Thanks for your help,
Desperate Friend.