I’M IN SIMILAR SITUATION, UNTILL YOU BOYH AGREE ON A SEPERATION DATE WITH NO INTENET TO RECONCILE THEN IT CAN TAKE A WHILE, BUT IF YOU OR HIM HAS TAKEN A DIFFERENT ADDRESS FOR THE WHOLE 14 MONTH THEN THE JUDGE WILL PROBABLY USE THAT DATE IF YOU CAN’T AGREE.
He got his own residence 14 months ago and there has been no reconciliation. That has never been in dispute.
What I’m saying is , that the judge is going to want to hear’“That on (whatever date)we decided that we are going to get a divorce” know is your ex ready to do that? if not then the judge will set his on date. if he do agree then the judge will grant divorce based on the date you agree on.
Dear nextex:
Greetings. I hate to laugh at anyone’s situation, but when I read your post I immediately started laughing. I thought “Hello…you have a girlfriend living with you, of course it is over”
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He should not be able to postpone the divorce at all, as long as you have been separated for one year.
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No
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No
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Yes
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No, only attorney fees for alimony, post separation support, child custody, and child support are available.
Thank you.
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
10925 David Taylor Drive, Suite 100
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
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.
Janet,
Thanks for your response. If that made you laugh check this out…on July 19th my husband found out his mistress/live-in girlfriend was still “making nice” with her husband (she doesn’t exactly want to burn that bridge yet) so he pulled her own gun on her, made her call her husband and get him to meet her at a remote location. When the husband arrived my husband, who was falling down drunk, got out of her car, took off his shirt and jewelry and took at swing at her husband. Her husband promptly beat the hell out of my husband breaking his own hand in the process and then the 2 of them tried to take him to the hospital. He refused & instead returned to his apartment & called ME! The police arrived & watched the mistress & her husband move everything she owned out of the apartment. They told me my husband had suffered potentially life threatening injuries but he refused to go to the hospital without me. So at this point I’m heavily weighing my options…child support I’ll probably never get or social security death benefits? Hum. Let me see about this. Well, after my children got all freaked out I relented and we got him to the hospital & I delivered him back to his apartment at which time he asked me to stay the NIGHT with him & let’s RECONCILE. I told him the only reason I showed up was because I didn’t want the kids to blame me if he died & that if I stayed in his presence 1 more minute I would be tempted to finish what her husband had started. DRUMROLL PLEASE…The next day the mistress moved back in with my husband because he said “I can’t be alone & if you won’t take me back then I guess I’ll settle for her.” Thanks to my sister, my favorite saying now is “Stick a fork in me, I’m done.” Truth is always stranger than fiction. So go ahead & laugh yourself silly. I sure am.
Hi Nextex
I have a question for you I hope this does not happen to me but I thought if you are apart for over a year you can file for divorce without him? and how can he contest the decree this does make any sense to me at all what is he tring to prove you do not want him back and I do not blame you he sounds if you do not mind me saying this but he is a loser just like my STBX and next week I am going to court for CS and our sep. agg. that she is tring to contest what a loser and something else but I will not put down in this site LOL.
I just hope all will go my way and I can get the children to live me but I will find out next week I hope the lord will be on my side.
Thank you for your time I needed to let some steam out
Until then bye and good luck with you
Dear nextex:
Greetings. Yes, that does make me laugh (except for the part about the gun…that is just crazy and dangerous). If someone ever pulled a gun on me, I hope that I would have enough self respect NEVER to speak to that person again, to have them arrested, and to get a restraining order. Good luck with this…and I hope that he moves far, far away! LOL[;)]
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
10925 David Taylor Drive, Suite 100
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
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.
Thought I was 3 weeks away from a divorce decree when lo and behold my husband called yesterday to say he is contesting the divorce. My kids and I thought he was joking but my attorney gave me the papers today. I don’t think the court should grant him a continuance since all I’m asking for at this point is a divorce and my husband has already moved his mistress into his residence. Child custody and final ED will be separately filed actions. My husband admits this is just a ploy in the hopes that I’ll withdraw the divorce action. He said if I go through with the divorce then we are done forever and there will be no reconciling. (That’s kind of the whole point isn’t it?!!) In fact he called me last Saturday at work and asked me to “run off” his mistress for the sake of our children (I told him “Paybacks a ■■■■■ and you’re living with her!” Typical adulterer … he thinks I’m supposed to be more mad at her than him! I made the mistake of running his last mistress off never realizing that I was doing HIM a favor. Now he can just stew in his own broth!)
- Worst case scenario, how long can he postpone a divorce decree?
- If we’ve lived apart 14 months AND he is living with his mistress can he really have any legitimate standing for a delay?
- Could I get an emergency hearing to deny his action and grant an immediate divorce?
- Can I amend my original complaint and ask for post separation support? (he’s only paid $1,500 in child support in 15 months even though he makes $4,300 a month; he is filing for an extension in the child support case as well).
- If he has no legitimate reason to contest the divorce and needlessly drags this out in court can he be ordered to pay a portion of my legal expenses associated with the divorce action? At this point he has no attorney … his mistress believe it or not is typing up all the paperwork for him. She works for an attorney. Before this is all over she’ll probably be homeless AND out of a job.
Thanks Janet.