Separation

North Carolina Divorce Law Divorce and Separation Answers
1

After being in an emotional abusive, controlling and sexless marriage for 18 years I decided its time to go after he threatened to kill me. During this time I have learned that my stbx is living a gay lifestyle and is a narcisstics. I sent him a separation agreement in which he wouldnt sign or compromise on, saying he’s going to take everthing I worked for. I had a house before I married him, which I still own. I built a new house using my retirement funds. After moving in the new house and living there less than a year, he told me to get out. I got an attorney, sent the papers and 2 yrs later we are still in the same house on opposite ends. I also lost my job 2 years ago.

I sent him a complaint in November 2010 and he sent me one about the same time. My attorney said a hearing will take place to consolidate the complaints. We live in Nash County and we havent heard anything. Is this time frame reasonable? Also I learned that stbx forged my name on the 2009 federal and state tax returns and carried our grown son as a depended, Im unemployed and he made 60,000 and only had 1051.00 taken out on him. I filed my own taxes…I informed him 3 months earlier that I was filing taxes separately.

Ouestions:

What is complaint consolidation?

How long should it take to get a hearing in Nash County?

What can be done about him forging my name to tax return forms? A total of over 8,000 is to be paid to the IRS. Can this be straighten out once we go to court?

Thanks…

2

Consolidating the Complaints just combines the two actions into one. Whoever filed first will be the Plaintiff, and the second to file with be the Defendant, those terms are inconsequential in domestics cases. I am not familiar with the Nash County docket, so I can’t say how long it takes to get a hearing.

The IRS will likely and audit, and hold him responsible for his own taxes.

3

We have a court date on March 29th, 2011, What can I expect or what is the procedure to consolidate the complaints? Will any decisions be made by a judge on that day? We couldnt come to an agreement…so what is the process for going forward. We both are asking for divorce from bed and board, Im asking for post separation support and alimony and he wants his separate property. We have houses, cars,furniture, he has farm land.( I paid the taxes each year on his land) and etc. I am the dependant spouse, Im unemployed and he makes 60,000 or more a year.

Ive offered compromises, but he said he not giving me anything and he’s going to take everything from me. I lost my job and need some help starting over again. Thanks for your reply.

4

The judge will simply combine the complaints into one action (its really nothing more than an administrative procedure). No other actions will be taken at the hearing.