Separation when one won't leave


#1

Dear lostatthis:

Greetings. You can file a claim for divorce from bed and board (among other claims) that will allow you to ask the court to remove him from the home. The court can adjudicate child support, child custody, and support issues, but not property distribution until you are living separate and apart. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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

I had a sepertion agreement drawn up and I signed and had this witnessed in Septeber of 04. Did not file at the courthouse because he did not “know what he wanted, and he didn’t want this”. After 2 months of him telling me he was going to leave the house, he still didn’t so I moved out and now he has hired an attorney 4 months sfter I presented him with the separtion agreement that I signed, and is suing me for Divorce from Bed and Board. I do NOT have the financial means to hire n attorney, and the whole reason why I want out of the marriage is because I have supported him and his 2 kids from a previous marrige for the past 6 years financially, emotionally and this man has given me absolutely NOTHING in return for the past 4 years. What in the world can I do?


#3

Dear octoberem:

Greetings. First, I am not sure that I understand - did he sign the separation agreement with a notary?

Now, my advice is that you find the funds to retain an attorney, since you supported him for the last 6 years, it is likely that you will continue to do so for a couple more years. You will need an attorney to ensure it is the least possible amount of time and money that you will be paying hiim. Without an attorney, you may be paying him for life…so be very careful about proceeding without an attorney. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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

No. I signed, gave him 3 copies he never did.


#5

Dear octoberem:

Then, the separation agreements are unenforceable. I am sorry that you are now finding yourself dealing with litigation.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#6

I don’t really understand the rationale behind the 1-year-separation requirement for divorce (well, I know it’s meant to encourage couples to work out the marriage, but…). It seems so unworkable in my situation.

We both live in the house. He REFUSES to leave. We’ve actually talked divorce on and off since 1997.

We now have two children and I just need to get this done. He’s not agreeable to ANYTHING. How do you get the matter into the court system, if need be, pre-1 year? Of course, I realize I need an attorney but I need an idea how all this works as I’m working through this in my mind in preparation. Can a court get involved and issue orders about custody and distribution of assets at this point?