Divorced w/o knowledge and under false pretense


#1

Dear Barbie27_71:

Greetings. Immediately retain an attorney and file a motion to have the divorce order set aside. Do this IMMEDIATELY and do not wait or say that you cannot afford an attorney - it sounds like you cannot afford not to obtain an attorney. You will likely need an attorney in Cumberland County. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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


#2

In 0ct 2005 I left my husband who was then stationed in Germany and is currently stationed there. We were married in SC in 1992. Purchased a home in NC in 1993 and that property has been a rental since 1994.I left my husband due to substantiated domestic violence issues. I did obtain a legal separation agreement prior to returning to the US. This was obtained through JAG. My husband has been in the Army for 24 yrs. I went to Ft Carson Inspector General’s office Oct 2006 to file a complaint regarding inadequate support from my husband per Army Regulations, my inquiry was addressed and closed on 28 December 2006, it was found he had to begin paying $1283 on 1 Feb 2007, when I checked pending deposits it showed only $251.77 so 29 Jan 07 I returned the IG’s office to inquire as to why. I was then informed my husband had submitted a divorce decree from Cumberland Co NC dated 3 Jan 2007 and had changed his status from married to divorce. I was never notified of the proceedings, my husband did a service of process by publication yet he knew where I was and my contact info the entire time. I have proof to this fact i.e. he shipped my household goods to me from Germany, he has paid minimum support the entire time, he mailed a money order for the difference of support in Dec 06. etc etc.
Also, I am unsure as to how he presented himself as a resident of NC when we have not lived there since May 2000, his home of record for military purposes is Ohio, and he claims Texas as his state of residence for tax purposes.
As it stands I have now lost my ID card, medical coverage and base access. I have 2 children ages 12 and 13. I am really at a loss and have no idea what to do. I don’t have the means to pay for an attorney’s assistance to attempt to get this straightened out. Please if anyone has any advise I would appreciate it.

Barbara Williams