Starting with nothing


#1

There are divorce kits at some of the local office supply places. Unless you signed something you are entitled to 1/2 the marital assets, including 1/2 the equity in the marital home and 1/2 the marital bank accounts. If you have not received that then you should file for equitable distribution. You are entitled to your personal belongings but may have to petition to get those…But you must file for equitable distribution before filing for divorce to be able to receive anything. Unless there is some circumstance that is not in your post your wife does not automatically get to keep everything. If she has sold marital assets or increased marital debts while you have been separated then she would owe you 1/2 the money from the sale and the increase in debt would be considered separate property which is not split. You are entitled to 1/2 the marital assets and I do not think that even an affair makes a difference on that point. I do not know all the details but possibly someone else on here has some information on any help you could receive in that county…


#2
quote:
[i]Originally posted by stepmother[/i] [br]There are divorce kits at some of the local office supply places. Unless you signed something you are entitled to 1/2 the marital assets, including 1/2 the equity in the marital home and 1/2 the marital bank accounts. If you have not received that then you should file for equitable distribution. You are entitled to your personal belongings but may have to petition to get those....But you must file for equitable distribution before filing for divorce to be able to receive anything. Unless there is some circumstance that is not in your post your wife does not automatically get to keep everything. If she has sold marital assets or increased marital debts while you have been separated then she would owe you 1/2 the money from the sale and the increase in debt would be considered separate property which is not split. You are entitled to 1/2 the marital assets and I do not think that even an affair makes a difference on that point. I do not know all the details but possibly someone else on here has some information on any help you could receive in that county.....

Thanks for your advice. Another thing, I have court in the morning regarding a domestic abuse allegation. There is a hearing that I must attend. My wife claims I followed her to work and other things. But I have documentation of a meeting that I was at, during this time that I supposivly followed her to work. Can anyone just go to the courts and ask for a 50b without having any proof of misconduct. I feel like she is trying to lay the groundwork to make me out to be the bad guy.


#3

I don’t exactly know the procedure for a domestic violence claim. I believe that is what this hearing is for, to show proof. I would say that if you have proof that you were in a meeting during the time that your wife claims, it may put doubt on her testimony of other things. It sounds as though that is what she is trying to do and as long as there have been no instances of actual stalking or attempting to harm her I do not think there is much you should worry about.
Document everything and take it with you…Good Luck


#4

I am not exactly sure what your question is. If you can clarify I would be happy to give you additional information.

If you would like to file for divorce the forms are available on our website under the tab marked divorce.

Before you file for divorce you will need to make sure you have preserved your claim for Equitable Distribution and spousal support if you are the dependent spouse.

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

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#5
quote:
[i]Originally posted by Helena Nevicosi[/i] [br]I am not exactly sure what your question is. If you can clarify I would be happy to give you additional information.

If you would like to file for divorce the forms are available on our website under the tab marked divorce.

Before you file for divorce you will need to make sure you have preserved your claim for Equitable Distribution and spousal support if you are the dependent spouse.

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

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


Well, just got back from Raleigh, she failed to provide any proof that I had done anything threatening. It was extremely tough seeing her again. As far as the equitalbe distribution and spousal support, I did not really consider the later. I was dependent on her salary for over three years. Sure I work a little while in school, but between taking care of two kids, doing all the cooking and cleaning and going to school full time I had my hands full. I wonder if I would even stand a chance asking for some type of spousal support, since I am a male. Just seems odd.


#6

Spousal support is decided based on the income of each party. If your spouse earns more money than you, you would would be entitled to support. Your sex is not a factor.

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

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.


#7

Hi. I will be seperated one year this month. I live in Guilford Co. and my wife lives in Wake. Since she put me out of our home in July of 06, I have had to start over with only $100 to my name. No car, no housing, not even my winter clothing until almost October. I would like to file for divorce or at least have someone help me with this. I have zero money available for an attorney. Every dollar I get has to pay for food and housing. Any advice would be greatly appreciated.