DV PO separation


#1

Oh, I thought of more questions…
I have not worked outside the home since we were married in '97. We have no savings or investments. Most of our debts are in his name only (auto loan, credit cards), will I be responsible for portions of these?
We were able to get 5% fixed VA backed mortgage, can that be transfered to my name or do I need to try to refinance? The mortgage payment is less than any rent I can find in the area. My daughter is so happy in this neighborhood and doing excellent in school. It would be great for the kids if we could stay in the house, I really want to find a way.
thanks.


#2

Dear Another Non:

Greetings. I am sorry to hear that you were a victim of domestic violence. Yes, the court order when your husband was removed from the home is the date of separation.

If your spouse does not pay the mortgage, it is your responsibility (or your attorney’s) to file a Motion to Show Cause. You may be able to speak with legal aid in your county about assistance, but I do not know of any free divorce attorneys.

In all areas of law there are experts. Check near the military base in the county you reside for attorneys who are intimately familiar with the military.

Yes, under equitable distribution you may be liable for some of your spouse’s debts, but if you don’t file for equitable distribution, then debts are usually paid by the party who’s name they exist. I would try to keep the loan, currently in both names, for a while and worry about refinancing in a year or two. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#3

Hello, thank you for taking the time to read this.
I have a domestic violence restraining order restricting my husband from our home and my kids school and from contacting us. It was extended for one year. Will the date of our order be used as the date of separation, even though he left involentarily?
The order says the kids and I can stay in the house and he is to continue to pay for it. How is this enforced?
Also, I have no job yet, and doubt that I will find one that pays well enough to afford an attorney. Is there any help out there? Where do I start looking?
He is in the Army and in a lot of trouble with them at the moment, I also need counsel who is farmiliar with Army regs. His commander wants me to sign a statement concerning incidents of DV. What can they do with that? I’m worried that he will not ever be able to find a job after this. I will need help supporting our kids.
Thank you so much for your time.