Leaving the residence

Dear gabby:

Greetings. Your husband may be able to file an action for Divorce from Bed and Board if you have committed acts of marital misconduct. Otherwise, your position is a good one. Tell him that you are not leaving, not planning on going over his list, and if he really wants to talk about divorce the first topics you will be interested in negotiating would be child support and alimony which he will need to pay to you on an ongoing basis. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
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.

My husband and I have had problems for a while now. It mostly has to do with money. Each time the money gets tight he threatens divorce and tells me he is going to throw me out. The last time it happened I told him that I am not leaving. Well it is happening again. He is saying that he is going to talk to a lawyer. I told him that I am not leaving. He said that he can get a separation even if I still live in the house. Is this true? He also said that he is making up a list of stuff that he wants and he wants me to agree to it. Should I do that or should I just maintain my position? We also have a 2 yr old son. There has been no domestic violence but he will belittle me every chance that he gets. Please help me if you can.