Can't get separation Papers signed


#1
  1. There is no requirement for seperation papers in order to prove seperation. Proof is usually the word of the people involved. If there is a dispute about it, it can be lease agreements, bills involving another residence.

2.I do not know the answer to this.

3.Possibly, but AoA cases are expensive and time consuming, not always resulting in compensation of a level worth the hassle. That should be discussed with an attorney.

4.She should contact the child support office in her area. www.ncchildsupport.com There is a 25.00 filing fee, they will then take care of dertemining child supprt amounts, making court dates, enforcement, and pretty much everything she will need done… in reguards to child support. PSS or alimony is something that would have to be addressed in court if he is unwilling to even sign a seperation agreement.


#2

The court will go on the word of the person filing for divorce that they have been separated for one year one day by the date of filing. Legal separation does not exist in NC but realistically, one person must leave the marital home before separation can begin. It’s normally in their best interest to consult an attorney and get an agreement signed to protect themselves.

I’m not sure how to file for abandonment, but if he has not been upholding his finacial responsibilities to her or his children then it is abandonment.

Him moving in with another woman would be alienation of affection if this woman had influence over him that resulted in him leaving. It would also be cohabitation and possibly criminal coversation (Act of sex with someone other than spouse or adultery).

She can file with the local Child support enforcement agency and there are probably links on here or someone can post to get child support. I’m not sure about him not paying the bills. If his name is on the bills, then legally he is still responsible as far as the creditors are concerned. I would suggest that she do everything in her power to get his name removed from utilities, and any other accounts and do her best to reduce them or pay them herself. Up to the date of separation, all bank accounts can be divided since they are considered marital property.


#3

You do not need a Separation Agreement to prove the date of separation. The testimony of either party would be evidence as to the date. If there is a dispute it can be proven using evidence, such as utility bills, etc.

There is no specific charge of abandonment, it is something you allege when making a claim to the court for support or equitable distribution.

Alienation of Affection means that the parties had a happy marriage and the actions of a third party alienated one spouse and destroyed the happy marriage. Simply moving in with someone does not prove alienation of affection.

If he is not paying child support she can contact Child Support enforcement and they will pursue child support on her behalf. Their website if www.ncchildsupport.com.

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

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 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.


#4

I have a friend who’s husband left her almost 6 months ago, and she has not been able to get him to sign separation papers. It’s always one excuse after another. She cannot afford a lawyer and has contacted legal aid, but they are unwilling to help her. I am trying to help her do some research since she doesn’t have a computer, but it’s difficult to find information.

Question: If she can’t get separation papers signed, how will the courts know they’ve been separated?

Does she need to file a charge of abandonment, and if so, how does she do that?

He has moved in with another woman, does this classify as Alienation of affection?

He is not paying the bills or child support so she is having a difficult time. Any help to put her in the right direction would be appreciated.

Thank you.