No fault divorce?


#1

Dude, been there done that. Even if you don’t have they $, get a freaking lawyer. She’s gonna screw you over if you don’t.


#2

i have a lawyer–he served her with a complaint for divorce from bed and board, he also filed the temporary child custody and support papers which i was granted

i am just wondering what this no-fault divorce is, or is it all the same, i am just worried that she will take that approach, hoping that her affair and her actions will not be discussed


#3

All divorces in NC are no fault. The only two reasons divorces are granted in NC is living separate and apart for one year and one day or legal insanity. She can file for divorce after one year and one day of living separate and apart for you. Child custody, child support, equitable distribution are all three separate issues to the courts. None of them have to be decided to file for or be granted absolute divorce. If you STBX is telling you that her affair will have no bearing on the divorce, then she is correct. As for the child custody, that will depend on what the lawyer does with the information in court.


#4

Dear singlefather:

Greetings. No fault divorce = divorce based on one year separation.

The affair may not have any effect on ED or CC, depending on all facts. The affair will have no effect on CS.

Good luck.

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.


#5

Can anyone file an uncontested divorce after 1 year and one day of living separately - or are you required to file legal separation first? To substnatiate the living separately for 1 year and 1 day?


#6

As long as you have lived separate and apart for one year and one day and that the date of separation is not in question, you can file for divorce. There is no such thing as legal separation in NC. Once one of you move from the marital residence you are separated. The separation agreement just usually makes things easier as most equitable distribution, child custody and child support are included in the agreement. A lot of couples do not have agreements and at least as far as equitable distribution goes, can not be filed for after absolute divorce is granted. Custody and child support can be sought any time and none have to be decided for absolute divorce to be granted.
Hope this helps.


#7

Dear casporter:

Greetings. Anyone can file if you have lived separate and apart for one year and one day. You are legally separated in NC on the date that you first stop living together and one of you intends it to be permanent - you don’t need to file anything to show yourself separated. Good luck.

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.


#8

sorry. posted new topic.


#9

Okay…[:D]

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.


#10

here again, i swear the “drama” never ends

what is a no-fault divorce–ex to be is saying that that is what she will be filing–she will file a no-fault divorce, telling me that by doing that her affair will not be discussed and will have no bearing on ed,cs, and child custody… what will be her advantage in doing that?

she has NOT filed anything yet, has no lawyer, just talking to one on the phone. i have filed paperwork against her…it was a complaint for divorce from bed and board with abandonment and adultry as the reasons

she is telling me still that she will get custody of the kids, even though i have court ordered temporary custody…is she just messing with my head, telling me stuff to hurt me, or does she have apoint…i would think that an affair, and leaving the kids to have that affair would make her look bad in the custody hearing, but if what she says is right, then it would not have any bearing on the child custody

just confused here