My husband and I signed separation papers Nov. 11, 2010. The paper date for separation is Oct. 1, 2010. We still live in the same house because of financial issues. Since the time of signing, but not having papers filed, he has admitted to having another relationship. I also have emails to his father stating that they have been seeing each other for a while, but he made sure the papers covered him. Also the weekend of Nov. 5-7, 2010 while he was on a business trip she flew down for the weekend (papers were not filed). He tells everyone we aren’t together because he didn’t feel loved for the past year, but I have text prove that he did leave me for her. Since the time of signing he goes to her house every night for a few hours, sometimes staying the night leaving me at the house with our two children and his daughter from his first marriage. What can I do about him never being here for the kids? He is now trying to bring my children around her and her kids, it has only been 3 months and I think it’s too soon, can I stop him from doing it?
Separation Papers are not filed at any point in time and are valid and enforceable once signed by each party before a notary public.
If you feel this woman is an actual danger to your children, you may file suit for custody and seek an order preventing him from taking the children around her.
If I read your post correctly, OP, and you and your husband are still living in the same house, then you are NOT separated…
Erin, please clarify, but I thought that in order to file for divorce, and say that you have been separated for the year+1day, you MUST have been living Separate and Apart, in different residences…being in the same house does not qualify as separated…regardless of an agreement that says they’re ‘separated’, right?
Yes, you must live in separate residences for one year and one day prior to filing for divorce.
Is there any pro bono attornerys in Wilmington, NC that anyone knows about? He has really wiped me out and ruined my credit.
I don’t know of any attorneys that take domestic cases pro bono off hand, but you may have a claim to recover your attorney’s fees from your husband. I suggest you schedule a consultation with a lawyer to see what you may be entitled to.
My soon to be ex is an alcoholic and everynight around 9pm. when he goes to his girlfriends’ house he drinks comes home driving drunk and he smells of beer,and continues to drink here. A few times he has done this and leave to go back to her house. I just found out that his girlfriend is an alcoholic also. I don’t want my kids around her, it is bad enough they have to see they’re father like this. Can I use this issue to keep my children away?
Evidence of their excessive use of alcohol will certainly be relevant in a custody case.