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
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.