I would like a separation. Spouse and I continue to live in the same home. Spouse is refusing to move out without a separation agreement and is failing to be fully transparent about their assets or facilitate creation of an agreement. I am being advised to stay in the home. Meanwhile, spouse is making false claims against me of various wrongdoings that would support spousal misconduct while also being very emotionally abusive toward me. They have been setting me up to behaviorally support their false narrative without context. They are the primary wage earner and have denied me access to the majority of household funds and removed me on joint credit cards while also making it more difficult for me to earn more and causing me to spend all of my earnings on groceries and other household things they are refusing to provide.
This is affecting my physical health and well being and that of our children. Im being told there is nothing I can do to get him out of the house. This has been going on for 8 months and the abuse has been marriage long but escalating throughout the past few years.
I am being told I have no options but to wait it out.
What other options do I have? What is needed to support or prove verbal and emotional abuse and what if spouse counterclaims with the same allegations?
You may be eligible to file a divorce from bed and board action against him.
Divorce from bed and board is a fault-based claim, so you must have grounds for a specific type of marital misconduct. In your case, the grounds of “indignities of the other as o render his or her condition intolerable and life burdensome.”
If granted, it could require that he move out of the house.
For more detailed information on the claim of divorce from bed and board, check out our article What is a Divorce from Bed and Board?
A domestic violence protective order (DVPO) would be possible if there is continued harassment that rises to such a level that it inflicts substantial emotional distress on you, among other grounds.
If granted, a DVPO would require him to move out.
For more detailed information on DVPOs, check out our article Domestic Violence and Staying Safe.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Thank you for your response. How is harassment defined legally?
Harassment is defined by the NC statues as:
“Knowing conduct, including written or printed
communication or transmission, telephone, cellular, or other wireless
telephonic communication, facsimile transmission, pager messages or
transmissions, answering machine or voice mail messages or transmissions,
and electronic mail messages or other computerized or electronic
transmissions directed at a specific person that torments, terrorizes, or
terrifies that person and that serves no legitimate purpose.”
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.