I am renting a home with my husband. We have been married 24 years. He is an alcoholic and not working (he does get 160 week for unemployment). He becomes aggressive (not physically abusive, but emotionally and verbally) when he drinks and he drinks any time he gets his hands on money. I have even caught him stealing from me. He says this isn’t stealing since we are married. This has gotten worse over the period of years. When we had insurance, he would go to rehab and detox to get out of being in trouble. The last time he went to Black Mountain (June of this year) he said he would stop or he would leave on his own. Of course he will not leave. I don’t have money for an attorney and would like to file for Divorce from Bed and Board in Gaston County where we live. What is the process or who can I talk to at the Court House for assistance? Any help would be greatly appreciated.
~Lost and Tired in Belmont
Not an atty:
If you are renting, why bother with a Bed & Board? Rent a cute little house or apartment for yourself, give him $20 to go to a bar and while he’s gone take half (no more) of the furniture, dishes, etc. and your belongings. You can rent a lot of apartments with no deposit and just the first month’s rent. After a year, file for your divorce.
Gaston County has a Self Service Center that you might want to check out though. You just have to stop by.
If you can separate without having to file an action for divorce from bed and board, I would try that first. I can understand that if your name is on the lease and you are responsible for bills on the residence, that you would want to seek a divorce from bed and board through the court if he is not willing to go easily or allow you to leave without still being responsible for payments associated with the marital residence, even if it is rented.
The process for pursuing a claim for divorce from bed and board will vary based on the county that you are in, but it starts with filing a complaint. From there, you have to calendar the matter for hearing which is usually a process of filing a calendar request and notice of hearing. The information needed for this can usually be found in the local rules for the county.
The clerks at the courthouse cannot give you legal advice, but they can assist by helping you calendar your hearing and assisting you with other procedural tasks.