Seperation and 50B


#1

I have a legal seperation that is notarized in 10/2007. My spouse and I have lived on and off together since the paperwork was done but more off than on. In March our life became intolerable and I got me and my children out. I have since had to get a 50B due to his treatment of our kids and his threats to kill himself and me. Do I have to wait 1 year to file for a divorce? Also he refuses to pay child support but our seperation papers had specified child support. What do I do?


#2

Your separation agreement is likely invalid with respect to support and custody issues as you have had periods of reconciliation. You need to file an action for child custody and child support to ensure your children are protected and provided for.


#3

Ok now u say the seperation is not valid but the paperwork states that even if we reconcile the document is still valid. I have custody due to the 50B which stipulates no contact for 1 year by my spouse but do I need to still file for custody? The child support office asked me to come sign a paper stating I have not received the stated child support and set the court date to entertain arrears. Should I get an attorney? Also do you need to be seperated for 1 year when there is domestic violence and living conditions that tramatized my kids and myself.


#4

The separation agreement is valid with respect to property issues and alimony (if any). As for the custody issues, you have resumed cohabitation and thereafter the circumstances have changed in such a way that affect the children’s best interest. The 50-B does control custody in so far as you have been awarded temporary custody pursuant to the Order, you still must file for permanent custody under Chapter 50.

I do recommend you get an attorney to pursue permanent custody.
You must wait the 1 year period before filing for divorce in North Carolina without regard to domestic violence.