Living With Girlfriend


#1

Divorce has been final. Custody plan was decided a while ago. He moved his on again / off again girlfriend in. They are not married and have no plans to. I dont care what he does but this sends a poor message to our two teenage daughters. Can ANYTHING be done? My husband never even spent the night with me when my daughters were home with me until we were married.

Thank you.


#2

If the child custody provisions are contained in an agreement, you can file an action for custody so that you can be heard on the entire case and ask that this be taken into consideration. If the provisions are in a court order, you can file a motion to modify and argue that this is a substantial change in circumstances warranting a modification. It may not work, but you may be able to reach a new agreement that includes provisions about the girlfriend’s presence overnight while the children are there.


#3

I would like to know if you are NOT divorced, but have remained separated for over a year in NC, can one spouse move his girlfriend in to the home?? Also, he in no way helps me financially, and I am destitute due to illness. I was forced out of my apartment, and could no longer pay rent and had to move to another town in NC. The car (I have) is legally in his name, per the sep agreement, but he has decided that he does not want to adhere to the agreement anymore, he won’t pay the taxes, so can get plates, and is refusing to get it accomplished. I was a victim of Domestic Violence and still am to a point of emotional and monetary stress. I know I need an attorney, however with no $, job or a way to get back to CLT legally, I could use some advice?? Should I go to Alamance County and file for divorce, even though he lives in Charlotte?? He started paperwork, but for some reason “keeps having an excuse as to why he hasn’t taken it to the clerk of courts in Mecklenburg county to get it started”…I was the victim, and yet I feel that way again with the legal system??

Thank you for any suggestions, comments, etc…

(fearful to leave my name due to his cyber stalking, key logger programs installed, etc…)


#4

There are no specific rules about who can reside in the marital residence after separation. The crime of adultery still exists in the state of North Carolina.

You can file for divorce in the county in which you live or in the county in which your husband lives. If you have an alimony or equitable distribution claim, you will need to make sure those actions are pending prior to the granting of the divorce.