My husband of 22 years left me and his family in September 10 2019. He has given me a letter of separation in October of 2019 with a proposal of which I did not sign. He is paying the mortgage payment and a loan we took out on the extension of the home but nothing else…
he is making almost $100000 while I’m making in $50000.
I spoke with a military lawyer in October of 2019 and received a bit more information of my rights as a military spouse.
Is it true that after a year of separation and with no clarification on finances he will be able to file for divorce and give me nothing?
After one year of separation your husband can file for absolute divorce. If he does, and if you do not have equitable distribution and alimony finalized in either a separation agreement or court order, then you will need to file a counterclaim within 30 days of being served with the divorce complaint for the claims of equitable distribution and alimony so those issues can be preserved and ruled on or settled in the future.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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