I have been married for 15 years. We just bought a house in January I thought things would get better. Of course his drinking and mental abuse just has got worse. I’m ready for a separation I just don’t want to leave my house. We have 2 kids 14 and 12. I’ve never been married before I really don’t want to leave my house. I’m a housewife and I have horrible credit. Thanks to him. Everything is in his name. Please help me I’m at the point of not knowing what to do.
If your husband will not agree to separate and negotiate a separation agreement that would address property division, alimony, custody, and child support, then you would be forced to file litigation against him.
You could file a claim for divorce from bed and board which if granted, could require him to leave the marital residence which would begin the separation. For more information on divorce from bed and board, take a look at our detailed article, What is a Divorce from Bed and Board?. You must have fault grounds to file this claim, but you likely would have them based on his drinking and mental abuse.
You can also file for a domestic violence protective order if he intentionally causes or attempts to cause bodily injury to you or your children, places you or your children in fear of imminent serious bodily injury, or places you or your children in fear of continued harassment such that it rises to a level which inflicts substantial emotional distress.
A domestic violence protective order would require your husband to leave the house, and you can also ask for temporary custody and postseparation support through the domestic violence protective order. Even if all of this is granted, it’s a good idea to follow this up with a lawsuit in family court for equitable distribution, child custody, child support, postseparation support, and/or alimony.
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.
Would you please help me with my case? I’ve tried to handle this on my own. I tried to get a divorce 2 weeks after married
If you reside in Wake, Durham, Orange, or Johnston Counties, you can call our office to schedule a consultation at (919) 787-6668.
Additionally, you can get access to a library of legal forms and communicate with an attorney through our Rosen Online Service. This service only costs $199/month, and could be a great resource for you to handle your separation and divorce without spending thousands of dollars retaining an attorney.
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.