Abusive Husband


#1

Dear forbiddenone:

Greetings. First, I want you to understand that you cannot file for a divorce until you have been separated from your husband for one year and one day. Now, you can file for child support and child custody at anytime, as they are separate issues from the divorce. So, you appear to have a good case to get sole custody from your spouse if he was involved in abusing your child and has a documented drug problem. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
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

There was one instance that was reported to DSS but I don’t have the paperwork anymore. He was abusive to me, not her neccessarily. In any matter, I left. I don’t have documentation of his drug problem only the trouble he is in with the MC. Could an attorney that I hire get teh paperwork or proof from the MC?


#3

Dear forbiddenone:

Greetings. I do not know whether or not your attorney could get the information from the Marine Corp. That would require some research on my part, which I am not ready to do.

If your husband is not asking for custody or visitation now though, I would just file for child support and move on until he files for custody. If he starts to contact you and it scares you, you may want to file for a domestic violence restraining order. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
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.


#4

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Good morning,
I have a couple questions. I have been seperated from my husband since November of 2003. I only have a couple more months to go before I can file for a divorce but I wanted to know if there was any way to speed it up, and if my circumstances could possibly make that happen. I was with my husband for about 3 years before we got married. We had a daughter together and then got married. He joined the Marine Corps, and since then has gone downhill. He was abusive and has a drug problem. I have statements from the base where we lived that I put in the night I had him arrested and taken out of our home. He is in a lot of trouble with the military at this time for drugs, and he was abusive and I just want my divorce. There is currently a military protective order on him, and has been since November. He give me the BAH as child support I guess, but I wanted to know what I could do in a divorce against him. I also want to know what my chances of getting FULL custody of my daughter are. I don’t feel safe with him taking her with him without supervision because of his problems.
Thanks