House and Property


#1

I agree that you should not move out of the house without consulting with an attorney first, unless domestic violence is an issue and then you should do whatever is necessary to protect your safety.

I do not know what type of paper your attorney intends to file. I do not know of any document that would simply evict your spouse from the residence. Either attorney can file a Divorce from Bed and Board, which asks for a judicial separation, but even if you were granted a divorce from bed and board it could take up to six months and your spouse may still not be evicted.

If you have been married for only three years then generally alimony is not awarded, however it depends on the facts of each specific case.

If you have questions about what this specific attorney told you, it might be best if you contact him for clarification.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

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

Its possible that the document might be related to physical and emotional abuse in the marriage.

She has been diagnosed with "anxiety disorder"
and when she is not on medication has become physically violent.
throwing things, slapping me in the face, hitting me repeatedly,
once while driving, she reached over the backseat and started hitting me in the head with a comb, when that broke she went to hitting me with her fists, all while I was driving with her daughter in the backseat

But even though she is now on meds, she is still emotionally abusive
to me and her daughter, and she seems to live in a world of paranoia
where she never trusts me and implies different things against me
in a controlling way.

Is this a reason to file something to have her move out ?


#3

If there is physical violence you can seek a Domestic Violence Protective order. Once issued she will be evicted from the residence by a Sheriff. Ten days after the initial order is entered you will have a hearing on the matter where both of you present your evidence. At that hearing the Judge will decide whether or not to keep the order in effect. If it remains in effect she can be required to be evicted from the house for up to one year. If you are a victim of Domestic Violence I urge you to seek help as soon as possible.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

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.


#4

What is considered evidence ?
Its my word against hers, I don’t have pictures or anything.
I might get some voice mails where she is angry when I don’t answer the phone…
But what do I need ?

quote:
[i]Originally posted by Helena Nevicosi[/i] [br]If there is physical violence you can seek a Domestic Violence Protective order. Once issued she will be evicted from the residence by a Sheriff. Ten days after the initial order is entered you will have a hearing on the matter where both of you present your evidence. At that hearing the Judge will decide whether or not to keep the order in effect. If it remains in effect she can be required to be evicted from the house for up to one year. If you are a victim of Domestic Violence I urge you to seek help as soon as possible.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

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.



#5

Your testimony is evidence. If you do not have any phone records, witnesses, pictures or police reports to corroborate your case you can still present your evidence to the Judge by telling him or her what has happened. Your spouse will get a chance to tell her side of the story and the judge will determine who they believe is more credible.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

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.


#6

I spoke with a lawyer last year regarding a separation / divorce and although he seemed knowledgeable I still have a few questions.
I got his name through the state referral website.
and sat in front of him for 1/2 and hour I think for $60.
He said that I should not leave the house for any reason before hiring an attorney (him?) and that if I hired him, he could file a document in court to have her move out and me retain the house.

I bought the house before we were married and its in my name on the deed. We refinanced the Mortgage 2 years ago, and at that time the mortgage company asked if I wanted her name on the deed, and I said no. But I had her name put on the Mortgage itself, so that she would also be financially responsible for the house.

What document was he going to file, to have her move out, and how long does it take for it to take affect (days?) and does the new Mortgage agreement without her name on the deed affect my right to the house and property.

We have been married for 3 years, and the attorney said that because it was such a short time, there would be little alimony and there are no children between us, only a daughter by her first marriage.

He said to hire him first then have him file the paperwork, without ever saying anything to my wife before hand.
what’s your thoughts on all of this ?
Any help is appreciated.