I plan to ask my wife for divorce soon. We own a house and have a mortgage, which is primarily paid by my. We have a 3.5 year old. I read that in NC we have to be separated for a year before filing for divorce. I’m worried that the moment I mention divorce/separation, she will take my son to her mother’s house that is 3 hours away. Do I have any recourse?
While you have to wait a year after separation before filing for divorce, this does not preclude you from negotiating and settling, or filing a lawsuit, for all other issues such as custody, child support, alimony, postseparation support, and equitable distribution.
If your wife takes the child three hours away for the purpose of interfering with your custodial time as a parent, then you could file a custody lawsuit against her. If she took the child out of NC for the purpose of evading the jurisdiction of the NC courts, then you would be able to file a motion for emergency custody.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.