Is there any hope for me?

North Carolina Divorce Law Divorce and Separation Answers
1

Dear Richfed:

Greetings. Where to start, where to start. Okay, no the court does not generally force you to pay more than you earn, but you and your wife are both in a horrible situation. If you are now earning significantly less than you were earning during the marriage, than you may have the judge order you to pay more than you earn, but the other side would have to prove that you were depressing your income voluntarily and in bad faith.

Now, it sounds to me like neither of you have the funds to pay attorneys to go to court, so you need to come to an agreement. You will be paying alimony and child support. You and your spouse will neither have sufficient funds for much and it looks like your wife may want to file for food stamps and other forms of public subsistence. If you have more specific questions, please let us know. You definitely need to keep some of your funds and pay maybe half of your rent and for your gas. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.

2

Thank you for the response.

Regarding this situation … and yes, it is horrible:

All the bills [utilities, mortgage, etc.] are still addressed jointly or solely to me. Our deed to our home & property is still in my name. There has been no legal action taken to date by either party, though my wife has consulted with a lawyer.

Strictly in legal terms, is there anything to prevent me - or any spouse in this situation - from moving back in to the residence without being asked to? In the absence of any violence or threats, can a person be arrested for doing so?

3

Dear richfed:

Greetings. If you moved out and your spouse has informed you not to return to the marital residence and you do, you will be committing Domestic Criminal Trespass, which is a misdemeanor. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.

4

My wife & I have been married 24 years. We have 10 children - all ours - 7 are 13 or younger. I have one 18 year old away at college, a 21 year old who lives home [working full-time], and a married 23 year old.

We have been separated [no papers] since March 27, 2004. I voluntarily left the house after years of my wife sleeping in the living room and other emotional issues - some my fault, others hers [though she admits to none of it].

I am currently living with another woman who fully supports me, as I have continued to allow my entire paycheck to go to my wife. She is not working, and hasn’t, as we once made the conscious decision to survive on one income - mine - so that the kids always had a parent around. Most of the children were or are home-schooled by my wife.

I make approximately $45,000 a year.

So, I see that I could conceivably be guilty of abandonment and adultery.

I have all intentions of giving the house & the 16 acres it sits on to my wife, as well as all property other than my personal effects. I have not, nor will not, change any beneficiaries in my will or life & health insurance policies. In other words, everything is the same back there, and will remain so, except that I am physically removed from the situation. My wife has, in the past, asked me to leave. Her behavior was such that I came to realize that I was merely a paycheck. She still has that in its entirety.

Also, my wife receives $500 a month disability SS for my youngest daughter, born at 27 weeks. We live in NC.

When this comes to divorce, how badly do I stand? I do not want a knock down, drag out brawl if at all possible. Can a judge order more than I have?

Thank you.