Husband Lied to courts


#1

You will need to file an answer to his divorce and contest the date of separation. He may pursue the divorce or he may drop it. If he decides to pursue it, then the hearing would be set in North Carolina. If you cannot afford an attorney, you may be entitled to get one from Legal Aid, it sounds as if there are some issues of domestic violence in this case, in that case they may assist you. I wish you the best of luck.

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

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

My STBX has already filed for divorce in NC and LIED about the separation date. I in turn filed my own claim for divorce in another state (which I could legally do after 6 months). I filed a response to his claim for absolute divorce in NC stating he lied about the separation date and he also lied about the fact there were no children born into the marriage (I gave birth to my son a few weeks after leaving my husband). A paternity test was taken and my STBX IS the father of my son (this info has been furnished to the courts in NC). My question is, is there anyway I can get this case for divorce in NC dropped? He lied about the separation date and the fact there are no children. It is financially and physically impossible for me to appear in court in NC. I am afraid this man will hurt me if I come back to the state and I am just now getting back on my feet in the current state I reside, if I leave I risk loosing my job, babysitter etc. since I am on assisted living and have certain rules to abide by. Since my son was born in another state, NC is going to have no jurisdiction over child support or anything else. I am also represented by an attorney in the current state I live in, but no one will give me assistance in NC. I recently found a letter he wrote the courts in the current state I reside where he admits the day I left him. I would hope the courts would look at this as enough proof of our separation date since it was in his own hand writing. With this being the case is there anyway I can get this divorce thrown out of court for falsification of information on his part?