Divorce from bed and board


Dear ecr41980:

Greetings. I cannot read through all fo this, as it makes my eyes blur. Can you please break it down for me into your question. Thanks

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


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 but a full discussion with an attorney should be undertaken before taking any action.


I just want to give a quick overview of my situation. I was married last August and my ex and I seperated in June of this year. Over the past year there have been numerous incidents with my ex where I have had to obtain DVO’s and warrants against him, only to dismiss them when he came begging back promising it would never happen again. he is walked out more times than I can remember staying gone anywhere from overnight to a couple of weeks. He had assulated me several times while pregnant with our now 5 month old son. Then in Feb of 2005, 2 weeks before my due date, he locked me in a bedroom with him and tried to hit me with a brick, destroyed a camcorder, and broke a telephone. He dragged me by the arm out the back door of the house and allowed me and my 4 yr old son to leave. I got into my car and backed up and as I put the car in drive he ran at my car and tried to grab on. He did not get a good hold and fell off on gravel and broke 2 of his front teeth. I went and stayed at my mothers until he came back and got all of his personal belongings and left. I did not involve the police this time since we had been through it so much. I was hoping we could just seperate and that be the end of it. Well over the next 10 days he procedded to torment me coming to the house and coming in while I was gone. I had a hot water heater almost catch fire durung this time and someone unhooked all the cables on the exterior of the house for the direct TV. I still was determined to handle it on my own this time. Then he showed up one evening to feed his dogs that were still at our house. We got into an argument and he tried to hit with a metal 6 ft tall shepard’s hook in front of several witnesses. The police finally had to be called and I was told to go swear out a warrant. I did because I felt like if I didn’t he was going to end up killing me. When I showed up at the magistrates offc in CASWELL CO. he and his mother were there trying to take out a felony warrant stating that 10 days before I had tried to run over him with my car. The magistrate refused to issue the warrant because he was aware of all the situations in the past and as he was leaving the offc and I was coming in he cursed and yelled at me in the presence of the magistrate and a sheriff’s deputy. I was advised that night to try to get a DVO the next morning. I failed to go the next morning because I had and OB appt since I was getting close to my due date. The next day I was served with a DVO that he had gotten and I was put out of my house. A judge in my county that was aware of all of the past situations issued this. He claimed it was for my own safety. We were seperated until mid March and then we both moved back to the maritial residence. Then we seperated again in mid-June due to him hitting my child froma previous marriage and leaving bruises on his behind(I have pics of all this). So when I told him he couldn’t hit him like that he decided to walk out. He stayed gone for 2 1/2 wks then came back for 4 days and left again. He got all of his furniture and everything that was his from our home and moved into his mothers basement. He told me he would sign a seperation agreement and I had my attorney working on it. Then I was served with a civil summons for a divorce from bed and board(claiming I was immature and unstable, not a fit mother and his situation was intolerable), full custody of our 5 month old child, equittable distribution, etc. This is ludacris. I am a professional. I am a realtor and am serving on the board of directors of my local association and will be be vice president/president elect next yr. I have raised a 5 yr old on my own since his birth with no child support and will be putting him through private Catholic school starting this fall. I have am impecable record, nothing more than a spedding tickets over 3 yrs ago. Can I sue him for slander??? He is a plumbers helper with his stepfather. He has been daignosed with clinical depression, has a drug problem(marijuana) and is an alcoholic. He has no vehicle right now because his stepfather took the co truck because of his drinking and driving. Does he really have any chance at all??? I have the mother-in-law from hell and she is behind all of this. She has done a nursery up at her house and even bought a car seat and stroller that she rides around with in her car. They think that if she can say she will help with the baby and she has everything for the baby then she and my ex can get custody. Does the system really work like this?? I have numerous witnesses to his unstable behavior including our pastor(he even flipped out at Sunday School!!) and he has nothing proving I am anything but what I claim. I have worked myself to death trying to hold this marriage together. Where do I go from here?? Does he have a shot??? So to be so long winded but this doesn’t even scratch the surface of the hell I’ve been through. I have kept a journal of all the incidents and I have filled up several legal pads. He and his mother have even discussed having me killed in the presense of a witness.