Question


#1

Change the locks on the doors! Get a recorder on your home phone to record the conversation that occurs when she finds out that the locks are changed. (you can buy these at Radio Shack and they have one for cell phones) As long as one party knows it’s being recorded, it’s legal and you can use this in court. Remind her that you asked her not to come over unless you were home and then remind her that when she left that started your separation and that this is now your home and she is not allowed to be on your property without your permission or unless invited. Tell your neighbors, if any, that they should contact you if she is seen on the property.


#2

Thank you. Will Video work. I have placed a video camera at the front door attached to a VCR. This will record for 8 hrs and should be long enough for me to get home from work. I want to know who is coming with her when she comes here also.


#3

I believe that it’s legal to have video surveillence of you own property. You may be able to have that record longer on a different setting, but you’ll have to check. You could use that if you do have to call the police for domestic tresspass on her as proof. You really should change the locks and get the recorder though. I wish my husband had had the recorder on his phone much sooner. He had a lot on her for custody of the children but he could have had sooooo much more had he got that on the phone right after we started dating.
Protect yourself first. What she took when she left is all that she is entitled to unless an equitable distribution is filed. Then I would still not let her come get the stuff, I would take it to a prearranged location and time so that she can pick it up. Basically, she has no legal right to return to your residence unless you reconcile. Meet her somewhere neutral to talk or arrange visits with your child but it would be better that you not go to where she is staying and that she doesn’t come to your home, unless either of you invite. Get a separation agreement drawn up and signed if possible. This could take care of child support, custody, equitable distribution. If there is a worry of a 3rd party being involved, you can place a clause in the agreement that neither of you have overnight guests of the opposite sex while the child is in the home. I understand that she just left, and it’s possible that you could reconcile, but these are things that most people do not look at until down the road after all the damgage is done and it’s too late. Protect yourself and your child finacially and emotionally.


#4

Can’t seem to post new topic. I could use some advise on a matter.

Husband has filed for divorce. Has the marriage date and separation date wrong. When have not been separate a year. He has backed dated the separation date to '97. We last lived together in '06. He finally moved his stuff out in Jan '07. Should I let the divorce complaint go before the judge as it is. If I do could it possible back fire on me later on down the road? I don’t know why he won’t wait the year and one day. Husband said that if I try and stop the divorce from happening, he has some things he can use against me, which have no idea what he means by that. I am not trying to stop the divorce but want to do it legal by waiting the year and a day.

notme


#5

If you do not wait the one year one day requirement, then you will not be divorced. Yes, it’s called perjury and could come back to you down the road. Contact the clerks office or your attorney and let them know that the dates are not correct. Let them know that he has threatened legal? action against you if you do not let this go through as is.


#6

Does anyone know if there is a website where I could go to and get the forms that I need to file an Answer to the Divorce complaint?

whyme


#7

Sorry about this but not able to create a New Topic, having to append this inquiry… Traveling STBX…

If you are filing for divorce, your STBX is on the road all the time to make a Living and has only a home address with a parent that lives their to maintain the home, this is the address you gave to the sheriff to serve the divorce papers. When the sheriff arrives at this address and the STBX is not home, the papers are received by the parent. You do receive notification from the Sheriff Dept that the papers were served.

Since you do not know when the STBX will be at home (Traveling schedule is indeterminent and no way to get in contact other than through the parent), is there anything else that needs to be done prior to seeing a Judge for the Absolute Divorce Decree?

It is understood that you have 30 days after papers are served prior to seeing a Judge.


#8
quote:
[i]Originally posted by whyme[/i] [br]Does anyone know if there is a website where I could go to and get the forms that I need to file an Answer to the Divorce complaint?

whyme


The home site here has that or a sample of that. Go to the home page under forms for Absolute Divorce. It is listed as Divorce-Acceptance of Service. That comes up as Divorce Answer and Waiver.

#9

I have found the example but what do I do to correct information that is not correct on the divorce complaint.

whyme


#10

Dear heavyd48:

Greetings. You can go and have her charged with domestic criminal trespass, however before you do that I would recommend that you send her a letter warning her that if she enters the house again without your consent and written permission that you plan to have her charged.

Also, change the locks. 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.


#11

My Wife left on March 10, 2007 an left my 14 year old at a friends house. Since then she has come into the house on several occasions without anyone being there. I asked her to not come into the home unless I was there from now on and she did it again yesterday. What are my legal rights concerning this. Honestly I would not care except she brought someone with her yesterday and that hit me the wrong way. Thank you in advance for the information.