Kimberly,
As for you husband calling you and having his sister call you since 10/9/2003, these are violations of the Ex Parte Domestic Violence Protective Order and he can be held in civil and criminal contempt of court. You can either go to the magistrate and swear out warrants for his arrest (based on his violations of the Order) and/or your attorney can file a Motion to Show Cause. I suggest that you use all available remedies.
I am unclear as to whether you or your husband is represented by an attorney for matters other than the Domestic Violence action. Are you trying to negotiate a Separation Agreement? I believe that your question is whether you are entitled to post-separation support or alimony based upon your income of $1400-1600 per month and your husband’s income of $4000 per month. From these figures, it does appear that you were financially dependant upon your husband during the marriage, which is the first question a judge would determine if you were to go to court. However, your marriage was relatively brief, so I would not expect that a judge would order post-separation support or alimony for very long, perhaps 2-3 years at the very, very most.
Finally, I would like to mention that the fact that you don’t have anything titled jointly in your names does not mean that those items (or accounts) are not marital property.
I wish you the best of luck.
Robin F. Verhoeven
Attorney at Law
Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.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.
We both hired lawyers only for the Ex Parte Order, but I’am using my lawyer to also file for separation. I’am not sure on his end. Tomorrow I will be visiting the magistrate office and call my lawyer also. This has got to stop somewhere. I will not be a statistic. As for the post separation support or alimony 2-3 years is all I need or less to get back on my feet, and perhaps find somewhere to live peacefully. I figured that all the accounts though they are in his name only will be considered marital property. Thanks for the advice.
quote:
Originally posted by rverhoeven
Kimberly,
As for you husband calling you and having his sister call you since 10/9/2003, these are violations of the Ex Parte Domestic Violence Protective Order and he can be held in civil and criminal contempt of court. You can either go to the magistrate and swear out warrants for his arrest (based on his violations of the Order) and/or your attorney can file a Motion to Show Cause. I suggest that you use all available remedies.
I am unclear as to whether you or your husband is represented by an attorney for matters other than the Domestic Violence action. Are you trying to negotiate a Separation Agreement? I believe that your question is whether you are entitled to post-separation support or alimony based upon your income of $1400-1600 per month and your husband’s income of $4000 per month. From these figures, it does appear that you were financially dependant upon your husband during the marriage, which is the first question a judge would determine if you were to go to court. However, your marriage was relatively brief, so I would not expect that a judge would order post-separation support or alimony for very long, perhaps 2-3 years at the very, very most.
Finally, I would like to mention that the fact that you don’t have anything titled jointly in your names does not mean that those items (or accounts) are not marital property.
I wish you the best of luck.
Robin F. Verhoeven
Attorney at Law
Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.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.
Kimberly
[xx(] My husband and I have been married 5 years in December 2003. Our marriage has endure mental, physical, verbal, and emotional abuse. During our marriage he kicked me out of the house twice and the third time I just got tired of the abuse and left on my own. As usually I came back because I thought the marriage was savageable, Unfortunately I was so wrong. Recently, we purchase a home in April 2003 and things were going well until August 2003 when he kicked me out of our bedroom to sleep in the guest room and that is where I have been ever since. He also told me to get my own phone line, let me remind you there are 4 other workable jacks within this home. Finally, I had enough and I have realized that this marriage can not continue and I seeked counsel for a separation. I came home that day and discuss this with him, and insisted that he find a lawyer so we can settle this and move on, he refused stating get the papers and I will sign it. Of course, I did not believe that. A few days later he stated he would not sign no papers and that he will not pay me spousal support. Now I never bought that up, so I realized he has been talking to someone. After that everything went down hill. I have been seeing a physician for emotional abuse and put on Xanax twice a day. He has been verbally abusing me badly and calling me 2,and 3 in the morning and making physical abusive threats of what he is going to do to me. Finally, I went to the clerk of court for a Ex Parte order on 10/9/03, he was moved from the home that weekend on 10/11/03. First, thing Monday morning 10/13/03 he had the power to our home turned off. On Wednesday 10/15/03 we had our court appearance. We both had counsel. They had a continuance until 11/5/03 but the judge ordered the power be restored that day. Of course with his grudge against me I had to call the utility office to make sure he follow through with the court’s decision. Of course he did not. I talked to 2 reps and they stated he requested the power be restored the following day 10/16/03. The Ex Parte stayed in effect until then. Since then he has called me and had his sister call me also. I know he has violated the Ex Parte Order what will happen next? What are my chances for a separation and spousal support? He brings home $4000.00+ monthly while I bring home $1400.-$1600. monthly. We have no children together, he has pension, retirement, and health. I do not have any of that on the job I’m currently at. He is requesting the house and that is fine with me. We do not have anything jointly combining our names. What are my chances? and his? [?]
Thanks
Kimberly