Married 20 years, I am the spouse of military soldier who is cheating on me. we are seperated and will be PCS to NC 2019. He will not let me know if he is cheating on me or what he truly wants to do as far as seperation/divorce goes. He is fratnizing with a fellow soldier which is against codes but i dont know how i should proceed and if this will hender my children or me from our entitlements now and upon his retirement 4/5yrs down the road. We have 2 children 20 and 17 which graduates in May we have no seperation papers and nothing saying when or how much he should give me monthly for child support, i have to ask for money. Do i go off of Hawaii laws or NC laws with proceeding forward on this matter?
If you wish to proceed with a separation and divorce now, you will need to use the laws of the state in which you are a current resident.
If you wait to move to NC, you may not be entitled to child support. In NC, child support terminates once the child turns 18 and has graduated from high school. Similarly, custody will no longer be an issue once your youngest turns 18, even if he/she is still in high school.
For equitable distribution and alimony/postseparation support, you would be unable to file a court action in NC until either you or your spouse have been residents of the State of NC for six consecutive months.
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.
Oh okay thank you, that might be the reason why he hasn’t filed for
separation here. So would it benefit me to file separation here in
Hawaii for child support and we have 1house property here as well as
2homes 1business in NC?
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.
If you are in immediate need of postseparation support, child support, and/or custody, then it would likely be beneficial for you to initiate proceedings in your current state.
Hi me again,
So does a Free Traders Agreement make a no legal separation legal? Can I have someone look at the paper sent to me for my signature please as I don’t have an attorney in place yet in NC and I don’t know the by-laws for purchasing Realestate and being married but separated.
Signing a free trader agreement does not change the status of your separation. As long as you and your spouse are living in two separate residences and at least one of your separated with the intent to remain permanently separate and apart, executing a free trader agreement has no effect on the separation period.
Take a look at our Sample Free Trader Agreement to use as a guide to draft your own or to compare to the one you have been asked to sign.
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.
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Thank you so much I feel better now!