You must be separated one year and one day before you can file for absolute divorce. Divorce from Bed & Board is a formal way of stating that the spouse no longer lives there. If she has in essence abandoned you and your child, then you should set up a consult with an attorney. She would still be entitled to 1/2 the marital assets unless you can get her to sign an agreement stating that she does not want any of those assets. My suggestion is to get to an attorney, get a separation agreement drawn up so that you have primary physical and legal custody of your child, you retain the marital home and your retirement and request child support. Unless you both make the same amount of money, one of you will pay the other child support. Normally it’s the parent with primary custody that receives child support.
Document everything you can think of, date that she left, instances that you have spoken with her and what she has said. Consult an attorney to see where you stand. If you can get to the one year one day mark without her asking for equitable distribution of marital assets or with a signed agreement then you are pretty well set.
There is no way to shorten the one year waiting period, you must be separated for one year before you can file for divorce. Thank you for your service to our country.
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/live 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
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(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.
Thanks stepmother right now I have an emergency order for custody and a property restraining order giving me exclusive use of the marital residence. Still unable to served wife go back to court next
If you have no separation agreement and she does not file a claim for ED against you, basically what you have in your possession at the time the divorce is final is yours. You nor she cannot file a claim for ED after divorce.
If she is gone and you have kids. Sit back and wait. Talk to an attorney about child support. Don’t forget she can file an ED claim at any time up till D is final. If she gets served a child support order she may get PO’ed and file a claim for ED and get half of everything. Yes, she will get half your retirement if she files a claim for ED. No stopping that if she files the claim (sues you). If not and D is finalized in March then she is done. No going back. Be cool, be calm. See an attorney. Hope this helps. I once wore the green.
If you cannot serve her in person you can serve her via publication. This involves publishing a notice in the newspaper in the area where you believe she lives,or in the are where she lived when you last knew her address. Once you have her served you can move forward with permanent custody and the resolution of other legal issues.
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/live 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
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(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 am divorce my wife under bed and broad right now I have tempory custody and retraining order keep her from coming to the house been trying to server her with order to her last known address since then she have move outstate with her boyfriend which is still married my question is if she don