STBX in jail... how to proceed


#1

My STBX is a regsitered sex offender who had convinced me he had been wrongly convicted years ago. We had counseling, got married, had a son and were headed for a life of bliss. After three years of marriage and at least three separate accusations of inappropriate sexual behavior on his part (1 with a minor with no charges due to lack of physical evidence) and countless threats of violence if I divorced him, I gathered the courage to leave him in June 2010. Since then he has been arrested for another incident and is now in jail awaiting trial. Meanwhile, I am living in another state with family and looking for a job. I would like to begin the divorce proceedings but everything I find online states that I must wait one year or prove incurable insanity before a judge will grant the divorce. Is this always the case? What do I do if I don’t have the resources to hire an attorney or pay the filing fees? I understand I will probably never receive child support, especially if he is convicted but have no problem raising my son on my own. Will he ever be able to force me to bring my son to jail to see him? Also, what do I need to do now to protect my son from having unmonitored visitation should he be found not guilty? Can I terminate his parental rights before he is convicted in the case that he is released?

Thank you for your help.


#2

Unfortunately yes, there are no other grounds for divorce and no way to speed the process in NC. You cannot file for divorce until June of this year. If there are no property issues and you are not seeking support, the divorce process is relatively simple and you can complete it on your own.
With respect to custody, unless he files for the same and is awarded visitation you have no obligation to take the child to see him. You would have the chance to present your case, and counterclaim for full custody with restricted visitation (supervised) at that time.