Mother has left NC


#1

You should consult a lawyer if you have not already.

I know that in my custody agreement, I am going to insist that my STBX and children nor myself can move more than 50 miles apart. This is very common and in the best interest of the children and the courts will usually place this in the custody agreement.

Phil


#2

She moved with her “new spouse” but you haven’t gotten divorced yet???


#3

Yes, that is correct. She moved out, straight into his house, then they moved to SC.


#4

Ok, then that means that she remarried before she divorced from you. [:0] I would think that bigamy is illegal in every state except maybe Utah. She can file for divorce after one year and one day of living separate and apart. After 30-45 days it will be granted. No matter what. In my opinion only, I would get an attorney, talk to the DA about charges of adultery since she moved in with another man, sue the other man for Alienation of Affection, file for primary custody of your son, and if she DID already remarry, file charges of bigamy also. I don’t know what the law states as far as her having to live here 6 months after separation filed, but I do know that she is taking you for a ride. Anything that is filed in NC will have to be heard in NC and she will have to come here for court. Get an attorney on this as soon as you can.


#5

I think you misunderstood me, they are living together, not married yet. They are counting the days till our one year seperation, so she can get the divorce and get married again. I intend to sue him after the divorce, because “She” is currently paying me alimony, and we currently have joint custody of our Son. I was the dependent spouse, because I am currently in Grad school. I don’t want to upset “them” for the time being, because he is filthy rich, and I am living off limited funds. I had an attorney during the seperation/custody court dates. Plus, they are living in a very wealthy neighborhood, and is sending him to a private school. Right now, it would be hard pressed for a judge to remove him from that situation. The custody decision is also up in May, so that will have to be re-addressed. Unfortunately, I will be looking at an all-out dog fight in the future. I was just trying to find out if there was anyway that I could stall their honeymoon plans? thanks


#6

Sue Sue Sue the POS and I hope you can as much as you can and when you do get your child back and I hope you get it may take sometime but hey its only money and also they may want to settle out of court.
I heard of one man that won $650K form a suit BOY [8D] I hope to see you get that
Hope the best


#7

Another news flash, I was wrong. They have already remarried. They got married after the custody/seperation hearing. What does this bigamy mean and how are they punished? They got married married in Gatlinburg, TN. Are they stupid, or is this some sort of strategy from their lawyer’s advice? Does anyone have a clue?


#8

Excuse me once again, they got married 2 days before the court date.


#9

Where, which DA do I contact? NC, Tennessee, or SC?


#10

WOW[:0] It amazes me what people will do. It shouldn’t be anything a lawyer consulted them to do since it’s illegal. See if your lawyer can get a copy of their marriage and have your copy to take to the DA. With the copy of yours it would prove that you haven’t received absolute divorce yet and that her new marriage isn’t valid.

"


#11

They were married on July 22, 2006, and lived together here in NC for close to 4 weeks, before they moved to SC. I have purchased a copy of their marriage license on line, I should get it in a couple of days.


#12

So getting back to my initial question, she still claims she is getting the divorce in NC, but moved out of this State in August, so the NC law says, that the person filing has to have been a resident here, for 6 months prior to the filing?


#13

This is the residence law in SC for divorce:

SECTION 20#8209;3#8209;30. Residence requirement.
In order to institute an action for divorce from the bonds of matrimony the plaintiff must have resided in this State at least one year prior to the commencement of the action or, if the plaintiff is a nonresident, the defendant must have so resided in this State for this period; provided, that when both parties are residents of the State when the action is commenced, the plaintiff must have resided in this State only three months prior to commencement of the action. The terms


#14

Dear bveloce1998:

Greetings. If she files for divorce in NC in the county where you reside, then yes she will be granted a divorce even though she moved to SC. No, there is nothing you can do to stop it if you have lived separate and apart for one year. Why would you want to stop the divorce if she does not want to be married to you? Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#15
quote:
[i]Originally posted by bveloce1998[/i] [br]I was just trying to find out if there was anyway that I could stall their honeymoon plans? thanks
I'm sorry to hear that your marriage didn't work out. But why do you want to wreck their honeymoon plans? Your ex-spouse obviously does not want to be married to you and has moved on with her life. What do you gain by being vindictive?

#16

If my husband left me, moved straight in with his girlfriend and then got remarried BEFORE we were divorced, you better believe I would ruin their honeymoon. It’s illegal!
I would have custody of my child and there would be no question about it that the DA and the entire town would know about it.
I’m not sure that bveloce1998 wants to stop the divorce because he wants his wife back, as much as he wants to know what he could do that she doesn’t get so much obvious pleasure by their marriage ending. A little bitterness is to be expected in most divorces but in this scenario, I would be shocked if there weren’t a LOT of bitterness.


#17

Stepmother, agreed. It just seems like the big issues that bveloce1998 needs to focus on are the bigamy (which is a serious crime), the best interests of the child, and securing for himself what appears to be a well-deserved high alimony settlement. “Ruining their honeymoon” should be the least of the priorities here.


#18
quote:
[i]Originally posted by bveloce1998[/i] [br]I intend to sue him after the divorce, because "She" is currently paying me alimony, and we currently have joint custody of our Son.

You want to sue the guy because your wife is paying you alimony?[?]


#19

Do not go at them because of the pain they have caused you. Go for custody of your child! Get a lawyer! You can make her pay for a pivate school when you have custody. Not to mention child support and alimony! Or, if you feel the child would be better loved and cared for by the 2 of them, then still hire an attorney to protect your rights as a father.

www.f4j.com

Phil


#20

Thanks for your comments, all are appreciated. Ruining their honeymoon was just a figure of speech, obviously they have already had one. And I don’t want my wife back, for obvious reasons. I have a good attorney, and will follow his advice. My Son is my top priority, not their discomfort, which they have felt “0.” This late in life, it is hard to have to start over, and I feel for anyone who has to. Once again, I appreciated all your comments, you’ve been a big help!