Separation with new baby


#1

I tried to edit my post but couldn’t manage to do it…a couple of other things to mention: I am not interested in keeping the house (I can live in a smaller, more affordable space) and would pursue shared custody if my husband is open to it. I would move out to the same zip code - I’m looking for as peaceful a resolution as possible for the sake of the baby.


#2

It is hard to give you an opinion right now as to what you should do if things go bad when the baby is here, because the circumstances will be very different than they are now. It might be worth your while to consult with an attorney now to get your basic questions answered and to have someone to contact if circumstances change after the baby is born.

I would make sure you have some money in your name, and access to a credit card to pay emergency expenses when you move out. Your right to property and support can be enforced by the court after you separate if you and your spouse cannot reach an agreement.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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1829 East Franklin Street
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Chapel Hill, NC 27514
(919) 321.0780

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 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.


#3

I am in a sad situation and am trying to make things work out. My husband and I have been married for almost 3 years and I am pregnant with our first child - due in 2 weeks. We have had our struggles and I would like to work on our marriage, but my husband denies that anything is wrong absolutely refuses to go to therapy. He has been emotionally and verbally abusive on and off in our marriage (even throughout my pregnancy) and I am finally accepting this fact. I will continue to try to work on the marriage, but given my impending motherhood, would like to know my options should things become unbearable. I am strong enough to deal with his abusive behavior, but I will not have our son exposed to it.

So, my question is this: I left the corporate world a number of months back and only make minimal income ($800-1,000/month) doing periodic consulting work - not enough for me to leave with. I am confident that my husband will not take my leaving well, and we have separate bank accounts - I fear he will deny me access to funds that I will need to leave. Given that I am slightly distrusting of my husband’s behavior, and that I will be breastfeeding, I would plan to take the baby with me. How can I make this happen if I run into resistance in the separation time frame? What do I do if this happens? And how do I ensure that he will continue to grant me access to money while I am separated - enough to help me manage the expenese of our baby? He makes a very high income ($175K+) but right now I have to ask him for money when I need it.

Thank you.