Went through with the conferences. My request for a dismissal was put off until the scheduled court date. My wife was not happy with the motion at all. Now we get home and she basically pick a argument, called 911 to have them stand by while she retrieved items so she can leave the premises because she said she didn’t want anything to happen. Now that she is gone again will my dismissal request get denied or will they recognize that the motion was filed before she left for the second time? The real reason she left was because of the motion to dismiss because we was not separated when I filed the motion. She is trying anything to get me put out the house at this point. So now a bed and board divorce complaint is back in the air. Violating a Rule 65 is up in the air. Can she simply just say he argued or accused me of something or he threatened me? Do she need concrete proof of the allegations? When the officers arrived she didn’t say I threatened her or touched her.
Yes, the judge will see and recognize that your motion was filed before the left the home and the motion will be ruled on based on the circumstances that existed on the date you filed it.
Yes, she can testify under oath about what happened this week. You may need to subpoena the police officers that were present so they can testify about what she said or didn’t say if you think your wife will be untruthful on the witness stand.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
So is her word is all the courts need to grant a divorce of bed and board or violation of the Rule 65?
No, she can testify under oath, but you have the right to cross examine her (which could destroy her credibility) and you have the right to testify as well.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
So say for a example… She called the police to ask them to stand by while she goes in the house to retrieve her belongings and leave stating that she was uncomfortable being in the house at the same time as me. But after she made the 911 call at 7:20 she was in and out the house 17 times removing some of her items while I was in the house. Her entering the house and going out the house is captured on my Ring Doorbell and I have the police report that states the time she called 911 and the time they arrived. By the time they arrived she already removed the things she wanted and was outside waiting for the poice to arrive. With that being said her real reason for calling 911 was to get some sort of documentaion stating she called 911 because she was in fear or uncomfortable to be in the house at the same time as me so the courts will grant her whatever relief she ask for. I don’t think she know that her entering and leaving is recorded. Once I bring that into evidence would that damage her creditbilty? And with all that being said, since she left the house when can I do a Divorce from Bed and Board for abandoment?
Leaving Without Provocation
A spouse claiming abandonment must prove he or she did not provoke the other spouse. In other words, the abandoning spouse must have had no good reason to leave: the spouse claiming abandonment cannot have engaged in behavior that would have justified the other spouse’s departure.
A spouse accused of abandonment may be justified in leaving if the spouse cannot remain in the marital home without endangering his or her safety or health (both physical and emotional).
Do she have to prove this if I am going to do a Bed and Board Divorce? This is going to be her defense. I think that is why she called the police so she can have that paperwork staing she wanted to leave because I was “unruly” towards her. Which is a false statement as I explained before…
I know I am flooding you with questions but I do have another. What if I file the Bed and Board Divorce for abandonment and she comes back after I file? She going to stay gone and come back… Then stay gone and come back again…
The Ring doorbell video evidence, especially if there is a date and time stamp on the video, would likely significantly reduce or destroy her credibility if she testified she was afraid of you but yet continuing to enter the home with you present and inside.
You can file for divorce from bed and board at any time that you have met one of the statutory fault grounds.
Once you have separated (one spouse has moved out and it is the intent to remain permanently separate and apart), then you can change the locks at the former marital residence. To gain access back into the home, assuming you are continuing to occupy the former marital residence, she will need your express permission.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Yes I figured that. What about the defense of: Leaving Without Provocation
A spouse claiming abandonment must prove he or she did not provoke the other spouse. In other words, the abandoning spouse must have had no good reason to leave: the spouse claiming abandonment cannot have engaged in behavior that would have justified the other spouse’s departure.
A spouse accused of abandonment may be justified in leaving if the spouse cannot remain in the marital home without endangering his or her safety or health (both physical and emotional).
Do she have to prove she was provoked to leave?
If she is defending a divorce from bed and board claim then she will have to prove that she was justified in leaving.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
What if I file the lawsuit on Monday, her lawyer makes her aware of it and she comes back to the home? Is the Bed and Board Divorce going to be denied because she is back in the house?
Do you know of any cases where a spouse left the marital home and was deemed sepreated and the came back? I just want as much as I can when wwe go to court for the dismissal…
Once your spouse has moved out of the marital residence and the separation is intended to be permanent, then you, as the spouse remaining in the marital residence, can change the locks and that will prevent your spouse from moving back in.
A divorce from bed and board claim would not be dismissed because your spouse moved back in. Separation is not a requirement for divorce from bed and board, unlike the claim for equitable distribution.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
She came back home before I even did the Bed and Board Divorce. But I did some research and I still have grounds for a Bed and Bed Divorce I think. Do North Carolina have the constructive abandonment law? Meaning if she mentally and physically have left the marriage, but still reside at the marital home?
How do I file and Bed and Board Divorce motion for constructive abandonment?
North Carolina cases also recognize constructive abandonment as marital fault. Constructive abandonment arises when the other spouse does not physically leave the home but, rather, commits affirmative acts of cruelty/neglect or other willful failure to fulfill the obligations of marriage.
You do not have to be separated to file for a divorce from bed and board claim and use abandonment/constructive abandonment as your fault ground. Yes, NC recognizes constructive abandonment.
To file for a divorce from bed and board, you will have to file a new complaint/court action and civil summons.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Her lawyer is arguing that our separation date is still 2/17/2020, because she moved back in and she is saying we was not reconciling our marriage. Even though we was.
Then you will need to present facts that show that there was a reconciliation and so the one-year period of separation did indeed start over.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Can you give me examples of proof? I mean we went to dinner. Did yard work. Went and spent time with each other’s family. Cook for each other.
And we had sexual inter course.