Help Needed

North Carolina Divorce Law Divorce and Separation Answers
1

There is so much to discuss but I will ask simple questions.

  1. I want to leave the house he bought (after we got married July 2009), if I leave can I take the furniture with me? The customized shutters are in the house that I purchased (over $6000). I think he unfaithful but can’t prove it. He lives out of the country and has not been making the agreed on deposits to my account since April–I make the mortgage payments with the deposists he make. I can’t afford this house without the deposits/his income (he made $153,000 last year tax free). I think he is trying to get me out of the house. I’ve received a 2 month past due notice. (It’s his mortgage, I’m only on the deed). He will not call me nor will he return a phone call. I do not want to be in this house when he get’s here in August.

I have childre (not his children, he is aware and has been aware that I don’t get child support) and my biggest concern is housing for my children. He is suppose to come to North Carolina in August 2010–he has not given me a date of his arrival. I do not want this house because I cannot afford it without his income. He took me away from a very stable environment prior to this marriage and now I feel like a failure and that I’ve made the BIGGEST mistake in my life by marrying him. He’s told me he will not be leaving overseas as a contractor. What can I do?

  1. I think he is impotent–I found Cialis when he came home in February 2010. I can’t prove Erectile dysfunction because he lives out of the country and will not go see a doctor for a physical here in NC. How do I get an annulment if he’s impotent if I cannot prove it. What do I do?

  2. We married July 14, 2009 he left July 31, 2009, he returned to North Carolina February 12, 2010 and left March 1, 2010—we had sex 2 times in 12 days (February 12 and February 19, 2010–he was basically here to spend time with his son not his new family and basically ignored us (very distant). Can I file for a divorce as of Auguat 1, 2010? Or do I have to file for a legal separation agreement as of March 2, 2010?

Thank you. There is so much more but let me know what is the most appropriate steps for me.

2

If you have had sex, even once, you cannot get an annulment based on impotency.
You may leave the home, but cannot file for divorce until a year and one day has passed since you decided to remain living separate and apart, which based on the facts would be sometime around this period where you have decided you want to leave.