Bed and Board after Divorce


#1

Please be careful to post only one time.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#2

I have recently been granted an absolute divorce in NC without any issues of alimony, child custody/support (one 18 yr. old daugter, one 16 yr. old son), equitable distribution, etc. resolved. My wife had me removed from the house we co-own in early 2004 on a domestic violence order (which she later dropped after we signed a separation agreement) in an attempt to conceal a pregnancy resulting from an affair. I had a vasectomy in 1998, with follow-up visit to confirm sterility.

I still have a complaint for divorce from bed and board pending which I initiated after surprising my wife while with a second man just before she had me removed and I confirmed my suspicions about the pregnancy with the first man through phone and medical records (STD, hcG beta testing, though I don’t have the results of the tests). All the issues of alimony, etc., are part of her counter to my complaint for divorce from bed and board.

I have a settlement offer on the table, and my ex-wife wants to sell the house and move to another state, although neither of my children wish to leave NC. She has recently sent our son out of state to live with relatives, and has done so before. I also currently reside out of state. My ex-wife was sexually abused as a child and I suspect her of abusing our minor child. She has sent him out of state to live with others before, once for four months when she deserted me left the state. He has been removed from two schools in the last school year and is not attending school at present. Medical records show he has been tested recently for STD’s, although I don’t know the results.

I am assuming I can’t just drop my complaint for divorce from bed and board on grounds of desertion (I allowed her back), malicious turning out of doors, adultery, and indignities (sending my son away and bringing her mother in from out of state to live with us while attempting unsuccessfully to harrass me into deserting) and eliminate the issues of alimony, child support, and equitable distribution.

Question:

If can’t just drop my complaint and eliminate the outstanding issues and my ex-wife won’t agree to my sttlement terms (no alimony, son must live with her), can I bring my complaint to a hearing, have my ex-wife removed from the house, allow my daughter to occupy the house, and obtain custody of our son on the grounds that she is unfit to parent on multiple grounds, including having sent him away before and now once again?