Advise For A Disabled Marriage


#1

Dear Elili:

Greetings. First, I want you to know that I believe you have been tremendously strong and courageous to come and start asking these questions. I know that you have been a supportive spouse and helped to turn your husband’s illness around so that he is the functioning person he is today.

Now, you may be liable for alimony for a time, depending on how financially dependent he is on you. I would immediately go and speak with an attorney, so that they can help you understand your rights and prepare for the deparation. Best of luck, and please keep your head up.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
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

Thank you for responding to my question.

I followed your advise and met with 2 different family attornys. Both of them agreed that I don’t make enough money to be able to pay alimoney. However, one of them strongly believes that if my case goes to court, the judge will grant alimoney based on the fact that my husband is disabled and I have been the suportive spause for the last 5 years. As she explained to me, there are no alimoney guidelines in NC so it is very possible that I would be financially responssible for him until I retire. She even suggested I would have to get a second job to be able to pay alimoney and to support myself. I found that very difficult to understand. I’m not sure if it is worth metioning that right now she is representing a disable client whose husband wants to divorce her. The other attorney believes that a judge will make the decision based on the fanancial facts and no so much on the disability issue. As you can see, I got 2 very different opinions and that makes it very hard for me to go forward. The fact that the first attorney is handling a divorce case where disability is an issue, makes me think that she has done some research on the subject while the other attorney has not dealt with a simmilar case.

My question to you, are there any family law attorneys in the Charlotte, NC area that especialice on this type of situations or that have experience on it? Is there anywhere I can obtain info. such as previous rulings on similar cases?

Thank you so much for your advise,

Elili


#3

Dear Elili:

Greetings. What you need is a board certified family law attorney. Each board certified family law attorney is qualified to do all the research and preparation needed to ensure that your spouse receives only what he should receive under the law, and maybe less.

I would tell you that you may not even need to go to court, so you may want to start negotiating now with an attorney instead of shopping around for an attorney that has represented someone with the same exact situation you are in. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
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

My husband and I have been married for 10 years. 5 years ago my husband became desable do to a brain hemorrage. His right side is semiparalized but he’s able to walk, drive and pretty much take care of himself. He’s legally disable but works on and off, when he’s not working his Social Security benefits kick in. I have been the main household supporter, no only financially but emotionally as well. For the first couple of years I did it completely out of love and feeling great satisfaction to be there for him, then I did it because I felt responsible for him. Now I’m not sure I can go on, I stopped being his wife, friend and a woman 5 years ago and I became his care-taker. I’m already attending therapy to deal with the emotional part of my life. Now I would like to know what are my legal responsibilities towards my disabled husband and what options do I have in case of separation/divorce.