Pre divorce questions


#1

If your spouse is behaving violently toward you and you are are in fear for your safety you can seek a domestic violence protective order. This will remove her from the home and require her to remain away from you at all times.

If the home was purchased during the marriage it means that it is marital property, regardless of whose name is on the deed.

There is no way in this state to get a divorce without being separated for one year and one day.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

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.


#2

Someone had mentioned having her removed from bed and board?


#3

A divorce from bed and board is not the right option if you are in fear for your safety. It will take longer and be more costly than a Domestic Violence Protective Order.

You can find additional information about a Divorce from Bed and Board here:

rosen.com/ppf/Law/Divorce/rosen/231/faqs.asp

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

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.


#4

1- My wife is a verbally abusive and sometimes physically abusive alcoholic. How do I get her removed from the house? The way it is now I never know what I will find when I come home. Her regular routine when not working is to drink until she passes out. That is all she does in her free time.

2- I purchased our home in my name only and mortgage has my name only on it. When we did the closing they put “etux my wifes name” on the paperwork. Does this mean her name is legally on the deed?

3- Is there any other way to get a divorce with my current situation without the 1 year separation? If I leave the house she will destroy it.