Abusive spouse and divorce

Getting a protective order will not get you an immediate divorce, but should work in your effort to get a Divorce from Bed and Board, which would make him have to leave the house. If you fear for your safety and the safety of your children, get this order immediately. Divorce from Bed & Board can be time consuming. I would definitely consult a lawyer.

You may be able to leave the state and go back to TN based on this also-especially since you have family there and are not working–and if you think having him leave the house will further enrage him. You will still have to wait a year to get divorced in NC.

There is no way to get an immediate divorce, however you can seek a domestic violence protective order which will prevent him from coming near you or commit any further acts of domestic violence.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

I have been dealing with an abusive spouse ever since we got married. If I had know he was going to be this way I would have never married him. He joined the Army in `06 and wanted to file for a divorce while he was in the military but I would not do it due to our children. He came home from Korea in April of this year and assaulted me, he has done it multiple times since that incident as well. Anyway the question I have is, if I can show that he has assaulted me, date in question April 16,2008, can I be granted a divorce. The laws that I have found state that filing a 50-7 will grant me the divorce. I can’t handle the verbal and sexual abuse anymore and because I am not from this state, but was married here, I have no family here to go to for help. My family lives in TN. i am trying to move but since he was discharged from the military for having a personality disorder he will not keep a job and argues with me stating i need to get work knowing i am unable to work due to a medical condition, in which i am trying to get my disability back. What can i do to get a divorce to keep myself and my children safe. We have one child together and the other was from a previous relationship. i am scared that he might hurt me and mentally scar the children from hurting me. Please help me.