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North Carolina Divorce Law Divorce and Separation Answers
1

Dear EthynsMom:

Greetings. Let’s get some answers:

  1. Yes, technically he can do that if the car is in your name (and even in his if he wants to ruin his credit). No, he should not do it, as the court would slap his hand, if he has an alimony obligation.

  2. Yes, he can use this against you for alimony if the infidelity was not condoned. No, he should not be able to have the children taken away from you, unless your current boyfriend is a child abuser/molester/criminal.

  3. It may, depending on the total facts of the situation.

Good luck on your move.

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

10925 David Taylor Drive, Suite 100
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

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.

2

I am an Air Force wife, married for almost 4 yrs. We have a 2 and a half yr old son together and I have a daughter who turns 8 at the end of the month from a previous relationship. I have a few questions and concerns.

  1. he told me that if I took the car that he would stop making payments on it. I do not work as I am a full time college student. can he do that being how I have the kids?
  2. there has been infidelity on my part on 2 seperate occasions. How can he use this against me? I know I can not collect alimony. Can he have the kids taken away from me because of this?
  3. There has also been physical abuse on both my part and his on different occasions. Will this affect custody? I want my kids with me and I am willing to work with him with visitation.
    I will be moving to South Carolina when I do leave. It is only a 3 hour drive to where I will be staying. I will be staying with my parents until I get my degree.
    Any help would be greatly appreciated!