An attorney’s got answers for me?
One important question–if the father’s parental rights were terminated, why is he still paying child support?
And no, this is definitely not a do-it-yourself.
Since the biological’s father’s parental rights were terminated, a court could hold you liable for child support.
Your wife could be eligible for alimony. The factors relevant to alimony are listed on on our website under the alimony section.
Abandonment is only relevant for alimony as a factor to consider and means leaving without just case and consent of the other spouse.
There are no new laws associated with the one year separation for divorce and your wife cannot contest the separation unless in fact you were not separated for one year.
I think you have an attorney help you with the divorce and separation process.
Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 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.
I have several questions regarding separation and divorce. My wife and I have been married for a little over 2 years. She had a child prior to our marriage, however, the biological father was not involved with the child. The child is now 8 years old and I have been in the child’s life since age 3. The child knows only me as the father. But the child does receive child support from the biological father. We had intended for me to adopt the child and to change the child’s last name to my last name. Early last year we had gotten the biological father’s parental rights terminated, and were about to begin the process of adoption. However, this year we have now come to the decision of divorce. There was infidelity involved in the marriage. My wife does not work and I have been supporting the family solely on my income. I have supported a very comfortable lifestyle for our family. She chooses not to work, even though she has dual degrees from an ivy league university. She is preparing to go to Medical school. We only have one car that we share, that I purchased in my name prior to our marriage, however, the loan on the vehicle has been paid on during our marriage and will be satisfied around the beginning of next year. My questions are:
1)Because I had intended to adopt the child, and thus we had the biological father’s parental rights terminated, will I be required to pay child support for the child, in addition to the current support he is receiving? And will i, if she decides to stop the terminated parent’s support?
2)Since my wife and the child is dependent upon me for income, what factors do the court consider when calculating alimony. And will factors like infidelity increase or decrease the alimony decision?
3)If I move out prior to constructing a separation agreement with an attorny, will I be seen as abandoning the marriage/family?
4)My wife states, that if I decide to file for separation/divorce, she will contest it, and It will be void. She states that there are new laws that had been passed regarding one spouse contesting a divorce. Is this true and what are the stipulations?
5)Since we share a car; will I be required to allow her to keep the vehicle since it was paid on during our marriage, even though my name is solely on the lien. Or Will I be responsible for purchasing transportation for her and the child.
6)Would a Do-It-Yourself divorce be recommended in this situation?
Thank You for your help.