I have lived apart not by chioce for 3 yrs with my spouse. He would only come to visit the kids the first 2 yrs and for the 2 yrs give support that only pay the bills. Never cover health insurance food gas nor entertainment even clothing. The lost heat and had to move out our home to an hotel. We been here 2 yrs now and he stop paying living expenses lat year. I after over 10yrs being a stay at home mom got a job at a bar to still ve able to keep a roof over our heads but still be mom during the day. Covid came and we miss our flight. He was allowed to visit for xmas since the kids hadn’t seen me him 4-5 months. He didn’t give any money still. Kids ask could he stay I had a very serious talk with him. About your here get a job a place ve a father ge agreed still not helping. He got a job had to help for covid begin but went back to his abusive ways of tryibg to control me verbal abuse to me and the kids etc. I showed him the packet from Arkansas for the uncontested divorce and ask him to sign it he refused and said he just leave going back to any where to work. I said think of the kids. They need you but not like this just give me my freedom so you can stop abusing me thinging Im your property. Even to this day he refuse even in text to support the family he made and left again on his own. Can I get my divorce on those grounds since he refuse to support the family. Claims I’m his WIFE no matter who I’m seeing. See also he would ONLY support the family in Arkansas when he did becasue he was allowed to have relations with me. I knowe If I stop tge money would too but I knew that makes getting a divorce harder. But it was never for my own desire ONLY for being trapped and wanting not to loose everthing we had for just sex. But once I couldn’t take it no more stop knowing the money would stop too but he had already lot all we had anyway so no need.to suffer any longer. All he wants to do in abuse control and use me like a doormate.
Assuming you are a resident of the State of North Carolina, then you can file for absolute divorce in your county of residence as long as you have been physically separated for at least one year and that you formed the intent to live continuously separate and apart at least one year ago.
It sounds like you may also have claims for child custody and child support and perhaps postseparation support and alimony.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Can you tell me where to locate forms to file the Post Separation Agreement?
I was able to easily locate and print the Divorce Packet. I also found all that is needed to file a court order child support order then a county social service order. I rather have this one then the one done by the department of human services. See I careless if he pays just so long as it was ordered that it follows him for the rest of his life until if he ever learns responsibility. If!!
If you have a fully executed separation agreement, you do not file it with the court.
To file a consent court order, you and the other party must sign the order and the signatures must be notarized, and submit the order to the judge for his/her consideration and entry.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
The other party won’t sign anything…divorce papers , separation agreements nothing. This is not the first time I tired to divorce. This the second and the other was a uncontested and he then refuse to sign once the papers where ready. I will have to get the court to do judicial power over the matter. I notice in the packet I printed the child support box and PSA for support box too. Am I to.check those boxes. Plus what am I to check on the left side?
He also text he will not care for the kids no more in light of me having any man in my life. Has done just that too…only send money to pay for the cell phone plan on my contract. He did sign a support letter last and this year to cover my cell service and rent to social services. Do that counts as a agreement that you speak of?
Assuming you are a resident of the State of North Carolina and have been for at least 6 months, then you will need to file a lawsuit against your spouse for the claims that you are eligible for, including equitable distribution, postseparation support, alimony, child custody, and child support. This is your only option in the event your spouse will not voluntarily agree to a settlement in a separation agreement.
The paperwork he signed to pay for your cell phone and rent may be a valid agreement between the two of you, but you may still be eligible for monthly child support from him.
I am not familiar with the forms you referenced.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.