Bed and Board and Custody


#1

Dear plasticcap5:

Greetings. I would file a divorce from bed and board action, contact the local DA and ask them to file charges, and possibly file a domestic violence action against your wife for her actions. Go in your home and remove your children to a new residence with you.

Finally, don’t take this lying down (sorry about the pun). You have been slighted in the worst possibly way and should do everything in your power to keep your children away from this immoral and base individual. 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

Thank you so much for your response. I called and talked to my oldest daughter (14) and she informed me “Dad, you don’t understand, they are just friends, you didn’t need to call the police.” I did not tell her that her mother and the man were seen undressing each other through the window. I worry the kids have been filled with bull about this man and when this is all said and done, I know they will need counseling and I am prepared to get it. I have always been so close to my children and for her to say that, just infuriated me inside.

How long does it take to get the Divorce from Bed and Board? I guess that is just something that will have to wade itself through the court system? I am going to wait for a friend to get off work and go with me to the house to get the kids as I do not want some baseless charges brought against me. My primary and only concern is my children! Thank you for this forum and for your help.


#3

Dear plasticcap5:

Greetings. It depends on your attorney’s speed, the county, and the case load of the court for how long a Divorce from Bed and Board takes. 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

Again another follow-up question to a old post. In North Carolina, doesn’t it take a year of separation in order to get a “Divorce” regardless of the method or avenue used?


#5

Dear proud_warrior:

Basically, yes, at least one year. There are two grounds for divorce - 1. One year of separation and 2. Incurable insanity (which requires 3 years of separation). 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.


#6

Again, “Thank You” for responding to my post. I really appreciate what you are doing because this site has helped me a lot in terms of understanding divorce procedures and obtaining a better understanding of all this…

Keep up the good work!!!


#7

I returned home early from visiting my sick mother in another state. When I returned home, my wife had another man in my house in the bedroom while my minor children were present in the home. I called the police to tell them to get the man out of my house as I did not want to cause any confrontation in front of my children. I went to a neighbor’s and waited for the police to come. Even after the police left the man stayed in my home. I spent most of the day at a neighbor’s and when I went home tonight the man was there again! What else is left for someone to do in a situation like this? What can I do?? How can another man be in my home!!!

Hopefully I can schedule an appointment with an attorney tomorrow as no one is available for the weekend.

Will I be able to get a Bed and Board and order her out of the house and demand that I get to keep my children with me? Should I return home? I don’t want to subject my children to any more emotional turmoil than they have already been through.