If you cannot work this out amongst yourselves an attorney may be able to work with your spouse to negotiate a resolution without going to court. The vast majority of cases never go to court.
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
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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If he has moved out you are seperated. It is smart to close joint accounts. Whatever he earns is not consitered marital property after the date of seperation ( the day he moved out). He is not required to give you access to his banking accounts. He only took half of the account, feel lucky he could have taken all with his name on the account. Wen you get to ED that is when you can request his financial info. Since the vehicle was boutght after the date of seperation, that is his sole asset and debt. You are not responsible for the payments. If he is paying the bills, even if he is complaining it looks like he is not trying to “stick” you. Consiter yourself blessed. Some of the experiences described on this site can be downright vendictive and evil. Work with your ex. Come up with an agreement you can both live with. Involve the couts as little as possible. It will save money and headache. But do know your rights before you agree with anything, but don’t forget the children, they don’t know they have nothing to do with their parent’s seperation.
Thanks a lot trbotina. I thought that as long as there wasn’t any “legal” seperation papers that the money “earned” was still maritial property. I could care less about the vehicle but felt that he was spending to down play his assests if our situation did go through the courts. I am a stay at home mom. He is at fault (adultry); I feel screwed and under his control now which doesn’t feel good.
I am so sorry you and your kids are caught in the middle of this mess. When you go through ED, show the monies that he has already aquired. I would go ahead and file for child support. There is no such thing as “legal” seperation in NC. You are seperated if you agree to live apart. Be advised, if you are a dependant spouse, as long as you did not commit adultry you will be eligible for allimony. And he can’t spend to play down the assets. Assets are evaluated from marriage until the date of seperation, whatever you both do after that is yours. In a perfect world that woul include joint accounts. Although legally it does, many times mortgages, loans, and credit cards in both names will remain that way until refinanced or paid off.
We are separated (3 mos) without legal papers (3 small children). Husband has moved half of the bank account into a seperate account, paychecks going to that account,hiding everything and anything, refuses to give me passwords, etc. and he bought another vehicle in his name only.
He is however, paying all bills and complaining.
We have not filed papers because we are trying to come to an amicable solutions to kids/problems. I am at whits end because I don’t know if he has the right to do this and what recourse do I have without filing? Help!