Seperation


#1

Dear lcasper:

Greetings. If you have lived here for more than six (6) months, then you can file here in North Carolian for a divorce. There is no such thing as “filing for separation.” You are legally separated in North Carolina on the date that both of you stop living in the marital residence and at least one of you desires that the separation be permanent. So, you are legally separated now if she moved and does not plan to come back. I hope that helps. 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

Thanks for your help. So what would be the next step for a divorce for me. I just got to wait for the year to come up and then do divorce papers? Also we have a child too, she took with her up to NY and hasnt allowed me to see my child. Now i can file here in NC. When i went to the court house they said i needed a lawyer to fill out the paperwork and they didnt have the paperwork to get it from an attorney. I would like joint custody because i beleive a child needs both parents.

tks for your help, i appreciate it.


#3

Dear lcasper:

Greetings. Remember that alimony, child custody, equitable distribution, child support are all separate issues from “divorce” although when everyone things of these issues, they think of them under the title of divorce.

You need to deal with the child custody issue here in North Carolina before the child has lived in NY for 6 months, or else you will have to deal with custody in NY. You will also have to bite the bullet and hire an attorney to help you file the claim for custody, as the clerk is correct - there are no forms to just fill out. 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

I have a question not to sure what to do. Me and my wife got married in NY 3 yrs ago. We been living in north carolina the past 3 yrs. She just left me in January and went back hom to NY. Can i file for seperation in NC since we lived here for the past 3 yrs. Or do i have to go NY and file. Also where would i go to file the paperwork im not too familiar with this type of system. Would i go to family court? or get the paperwork there?

Thanks for the help.

VR,
Andrew