I’m not certain about the legalities of the first couple of questions. It would be best to at least consult an attorney on these issues. You should contact the attorney that you thought handled the first divorce and find out exactly what happened.
You would get child support from the father of the child, in this circumstance since that is who you are married(?) to and who is on the birth certificate.
You can not file for child support if you are not separated. There is no way to force your husband to give you money if you are not separated. You are entitled to 1/2 the marital assets which would include his income but unless you are separating there is nothing the courts can do about support.
quote:I posted on this board thinking that an attorney would be able to answer these questions. There is not a way right now that I can afford an attorney. Is there an attorney here?
[i]Originally posted by stepmother[/i] [br]I'm not certain about the legalities of the first couple of questions. It would be best to at least consult an attorney on these issues. You should contact the attorney that you thought handled the first divorce and find out exactly what happened. You would get child support from the father of the child, in this circumstance since that is who you are married(?) to and who is on the birth certificate. You can not file for child support if you are not separated. There is no way to force your husband to give you money if you are not separated. You are entitled to 1/2 the marital assets which would include his income but unless you are separating there is nothing the courts can do about support.
quote:Here is the twist to situation. I was "legally" married to husband #1, when I conceived via "in-vitro" fertilization and not married to #3 when he was born. So, will I need to put in the divorce paper, if I need to file for divorce from husband #1, that I get full custody of my child? Since I was legally married to him, will he have to pay child support?
[i]Originally posted by bluedanube[/i] [br]quote:I posted on this board thinking that an attorney would be able to answer these questions. There is not a way right now that I can afford an attorney. Is there an attorney here?
[i]Originally posted by stepmother[/i] [br]I'm not certain about the legalities of the first couple of questions. It would be best to at least consult an attorney on these issues. You should contact the attorney that you thought handled the first divorce and find out exactly what happened. You would get child support from the father of the child, in this circumstance since that is who you are married(?) to and who is on the birth certificate. You can not file for child support if you are not separated. There is no way to force your husband to give you money if you are not separated. You are entitled to 1/2 the marital assets which would include his income but unless you are separating there is nothing the courts can do about support.
I don’t think any attorney can answer these questions because my situation is so bizarre.
This is why I posted here, to see if these lawyers could help. Sure would be a fun case for a lawyer. Probably would get publicity as well, with “what would you do if one day you woke up and you found out you were still married to your ex?”
You need to consult with an attorney. Your situation is far to legally complicated for me to address on the forum.
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
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.
Hi,
I have been married 3 times. I live in North Carolina. I was physically and mentally abused by my 1st husband. I left him after 7 years of marriage and haven