Legal Custody First

Dear WhatNext,

Custody can be done at any time, but you need to resolve your property issues as well as any potential alimony issues BEFORE the divorce is finalized. If you get divorced without a signed separation agreement or these matters pending in court, you will lose your right to file for them later.

Amy K. Kirkhum
The 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.

My husband moved out 18 months ago. We have had 4 rounds of attempted separation agreements … and the only thing we seem to agree on is custody. I am at my wits end … and nearly out of money. My only option now - is to file for divorce … and go to court. Would it make sense to file for Legal Custody first – and then proceed with divorce? AND - HOW DOES ONE GET THROUGH A DIVORCE IN THIS STATE without losing everything???