Any facts that would show that you both were reconciling the marriage, such as the ones you listed and any others that would show you are acting like a married couple and holding yourself out of the public as being married (both doing household chores, paying bills together, etc.).
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.
Ok. So if they grant me the bed and board divorce and the mortgage is in her name. What will they do?
The mortgage or distribution of the property will not be addressed at a divorce from bed and board hearing. That will be addressed in an equitable distribution hearing.
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.
But I have a possible motion to dismiss because we are no residing in the same home and have been living as husband and wife since June until August.
When doing a B.B.D who is the plaintiff if we already have a case number started by her? So far I have been the defendant.
You will likely need to file a new claim since it is based on new events and new circumstances and the time for counterclaiming has likely long since passed. And in that instance, you will be the plaintiff.
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 saying that she put the ED claim in while we was physically separated. Even though she moved back in 4 months after filing it. I don’t know how much evidence it is, but I do have our ring doorbell videos showing almost every Friday us leaving together and on Saturdays we are in the front of the house doing yard work. She does not know that I have it recorded and I am not going to tell her unless she lies in court and say we did not spend time together and we did not pose to the the public that we are man and wife. I also have text messages from us both asking each other what are going to cook and so on. In your opinion do you think that is enough to get the ED dismissed?
Without knowing all of the facts and being involved in your case, I can’t give an opinion as to whether the case could be dismissed. However, your evidence of her doing yardwork, coming and going together from the house, etc. would certainly be good evidence to support your position that you both reconciled the marriage and so the one-year separation period should 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.
Briefly. We had a domestic altercation on Feb 18th and she was restrained from the house until about mid June. She did the ED then when we was living apart. After she returned home we kind of picked up doing the same things we did before she left. Dinner outings, Lowe’s and Home Depot trips. Cooking and doing each other’s laundry. Working on the yard together. Just things to that nature. The only thing that changed is we slept in separate rooms for the time being. I have video and text messages of everything I just stated. She is going to say we was not reconciling, but evidence shows different. But we held our self out in public and in the neighborhood as man and wife. Now she isn’t doing none of that. So from Feb to June we was separated. From June to August we was reconciling. Now she has ended all communication with me (my grounds for Divorce of Bed and Board.
It sounds like you have a lot of evidence to show that the separation period should be restarted due to the reconciliation period. Be sure to present as much evidence to this point as you can.
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.
I feel I have enough evidence to show that we was reconciling, but if they restart the separation period and we are still in the same house, we are not separated until someone leave by choice or by court ordered correct? And if the court deemed we was reconciling will the ED get dismissed due to reconciliation, rather she agree or disagree that we was? If the ED is dismissed that is when I am filing the B.B.D for the recent treatment she has been displaying.
Correct, you are not separated until one of the parties’ moves out of the marital residence and at least one of the parties has the intent to remain permanently separate and apart.
The originally filed ED action should be dismissed if the court finds and rules that the marriage was reconciled and there is now no date of separation.
You can file a claim for divorce from bed and board before you are separated or after you are separated.
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.
Do her attorney has to send a answer to my dismissal?
No, no answer is required for a dismissal. Answers are only required for complaints and counterclaims.
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.
Court date is next week for the dismissal… Just want to have all my T’s crossed and I’s dotted… I feel with the evidence that I will bring to the judge and the attorney if needed will get the ED dismissed and we have to figure out the separation part. But my B.B.D complaint should take care of that… Just awkward that we are going through court procedures and yet living in the same house. She has unintentionally admitted to the constructive abandonment through text message and I am quite sure she will in court trying to show we was not reconciling. She is not aware of the ring door bell videos, she think we are going in and based of our testimony that the judge will make a decision. She is going to say her intent was not to reconcile our marriage not matter the time outside the house we spent together going out to eat and visiting different stores and no matter the time we worked on the yard together. But any time you hold yourself out in public as man wife constitute reconciling efforts even if the attempt was a failed one…
Good luck with your court hearing and be sure to present as much relevant evidence as you can to strengthen your testimony.
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.
Thanks… Do you know of a actual case where the ED was dismissed because one spouse moved back into the house? I mean the wording of the requirement is tricky. It say the 2 requirements are 1.) have to be married and 2). must be filed when couple is separated and living apart. So my question do you have to remain separated and living apart or just at the time of filing the ED you have to be separated and living apart? That is the only thing that confuses me… HELP!!!
You are no longer considered separated if you reconcile the marriage and are no longer living continuously and permanently separate and apart.
I do not know of any case law offhand without fully researching it.
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.
Is there anyway I can pay for that research? She has a lawyer so I am trying to have a strong case…
There are some free case law research sites available online. As to whether an attorney could do that research for you but not represent you in court, you would have to check with local attorneys in your area.
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.