Restraining order?


#1

You are only eligible for a restraining order if your spouse has physically threatened your safety. If you feel that this is the case, then you can file at the courthouse for a 50B restraining order. The instructions are also on our website under domestic violence.

Generally all retirement earned during the marriage is divisible by a court.

Hope that helps.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@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

Sorry to have so many questions, but a couple more things popped into mind. One, if he refuses to move out and the apartment is in both of our names can I get a restraining order and change the locks? Also, is there a way that I would not have to give him half of my retirement? Thanks so much for your help. I appreciate what you do.