Need help!

North Carolina Divorce Law Divorce and Separation Answers
1

Dear Tim,

First, you should read our website at rosen.com/ppf/ID/37/alien.asp#conversation to find out more about alienation of affections and criminal conversation. You don’t want to put yourself in a position to be sued by her husband.

Second, it sounds like she needs to head to Social Services and pursue a child support order. At least then she can get some financial help, and possibly some retroactive support since her husband is not paying her anything. It can be taken from his paychecks if he is working.

Since there are still some property issues to deal with, I think she should talk to an attorney in her area about having a separation agreement drafted. She should also talk about the details of filing for divorce right now. She can only file if they have been separated for 1 year, and if there are still property issues to be dealt with, she needs to handle that before she files for divorce. If she does not handle the property issues before the divorce, she will lose the right to do so after the divorce is final.

I hope that helps!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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.

2

I met this woman who is 24 years old recently and I have become involved with her. The only problem is she has been married for about 6 years and has 2 children. Her husband and her were having problems a couple months back and he walked out and is now living in a trailer with his brothers. They have been talking about divorce, although they haven’t entered into a seperation agreement. She says he has cheated on her before, and he has always accused her of cheating although she hasn’t. He suspects that I am with her, but has no proof of that and I am laying low right now because I don’t want to mess this up for her legally with me being there in the matter. She is still staying at the house they got together and the kids live with her. She makes the house payments, utility payments, daycare fees, and so forth. He is not paying for anything right now. She makes $25,000 a year and wants to go and see if she can get housing assistance because she wants to move out of the house since he is saying it’s his house too and she wants government help assistance, but I fear that she makes too much to recieve any kind of help whatsoever. My sister told me that she should definately file for divorce first as it will give her a better advantage. I really wish I had all of the answers for her but I don’t know NC law that well and she doesn’t know what to do. He told her a couple days ago that if they file divorce, she is paying for half of it. She doesn’t know what to do. Do you have any advice? I will provide more details if you need them and answer any questions because I don’t know how clear I have made myself in explaining the situation. Please help!

Thanks
Tim C.