Married in Philippines

My husband and I were married in Philippines, where there is no divorce. We are now permanent residents of USA and we would like to get divorce. What should we do? My husband is the only one providing for the family while I’m a student. We have one child and we both want to separate fairly.

If you are a resident of North Carolina, then North Carolina can grant you an absolute divorce if you meet the 4 requirements: (1) the person filing has been a resident of the State of NC for at least 6 months, (2) you have a valid marriage, (3) you separated with the intent to remain separate and apart, and (4) you lived continuously separate and apart for one year.

You likely have claims for alimony and post-separation support, child custody, child support, and equitable distribution (property division) based on the information you have provided, and you have certain rights within each of these. You should consider having a separation agreement drafted that would include resolutions to each of these issues, or file in court for the same thing.

I need help in making a separation agreement. Please.

Take a look at our Sample Separation Agreement to use as a guide if you draft your own.

You can get access to a library of legal forms and communicate with an attorney through our Rosen Online Service. This service only costs $199/month, and would be a great resource for you to handle your divorce issues without spending thousands of dollars retaining an attorney.

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.