Divorce after married only 1 year


#1

I am separating from my wife after being married for a little less than 1 year. We are 20 and 21. I am in the military stationed in NC. My STBX (soon to be ex) has never worked since graduating high school and refused to get a job, spending recklessly and putting us in a financial bind. Fortunately we have no kids and little assets. I basically want to divide everything 50/50 and get out now. She is not agreeing to an even split and wants everything (2 vehicles, furniture, etc), including spousal support/alimony. She has no restrictions (medical/physical) preventing her from working. I want to file an uncontested divorce, but she is being irrational. I know in the end all property will be divided 50/50, except for a few things I had prior to my marriage. Can she get spousal support (alimony) when we have been married only 1 year, and no children to support?


#2

Spousal Support is intended to allow a dependant spouse the ability to maintain the standard of living enjoyed during the marriage. In the case of a marriage lasting less than a year, the court may award support, but in my opinion it would be for a very short time period (6 months or so), if any support were awarded at all.


#3

Fast Fwd - My wife has taken her things and left the home and is living somewhere else. I have offered to settle un-contested but she refuses all offers. I cannot afford an attorney and want to file pro-se so I can get a separation order set by the courts. I want to request an order of protection/restraining order (assulted by wife, have hospital injury report), retain residence of my apartment (since she left), and request review of spousal support by the family courts. She is requesting half of my BHA, thru the Base JAG (who will not speak to me, since she is using him) but is refusing to take any of the marital debt, or take partial responsibility of our lease, which she co-signed with me. Where can I obtain the forms necessary to file a motion for legal separtion? Can the Clerk of court provide these or can thay be downloaded online. I reside in Onlow county, would I file in District 5 Family court, located in Pender County? Thanks.


#4

There is no legal separation in North Carolina and if you are living separately now, there is no Order of Separation to be sought.

If you are actually and substantially in fear of your wife (fear that you are in danger of serious and immediate injury). If the court grants a restraining order on this basis it can also award to you the exclusive use and possession of the martial residence (the apartment).

Since she has already moved out of the apartment and is residing elsewhere, you may exclude her from the residence and change the locks without a restraining order. She may not return to the home absent your permission. In the event she does she can be found guilty of domestic criminal trespass.

You may file an action for Equitable Distribution. Some counties provide sample documents in a self serve center to help folks who must file pro-se. You would file the action in the civil district court of the county where you reside.