Technical Seperation Questions

North Carolina Divorce Law Divorce and Separation Answers
1

Dear CryingAngel,

You can come back to North Carolina anytime you’d like, but you can a North Carolina attorney to begin working on your case now. You can certainly hire a private investigator, whether you are in NC or not. Your evidence can be used whether you are in the state or not. But, if you pursue a court action, you will need to travel back to the state for court appearances. Your name will not be automatically removed from a deed at any time. You have to sign over your interest in a quitclaim deed in order for your name to be removed from the property. You are not automatically divorced after 1 year. One of you will have to file a complaint for divorce, and make sure the other party is properly served. Then, the filing party will need to appear in court to have the divorce judgment entered. If he moved out of the house before you left the state, he has no claim for abandonment. In North Carolina, the only real way to contest a divorce is if there is something factually incorrect on the complaint. Otherwise, you do not need the other person’s permission to obtain a divorce, as long as they have been properly served. However, you can countersue for alimony, post separation support and equitable distribution of the property if he files a complaint for divorce. You will need to make those claims </font id=“blue”>before</font id=“black”>your divorce is final, otherwise you lose the right to do so. If you are planning to pursue those claims, you should start now with a separation agreement or by filing those claims in court.

I hope this helps!

Good luck!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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.

2

My husband moved out almost a month ago. He owns several businesses. I have a physical and mental disability that has prevented me from working fulltime and part-time for the past 3 years. After spending lots of borrowed money (loans) for doctors and medication I’ve been able in the last few months to try to get back on my feet and get back in the work world. Since he’s moved out-it has really made me backslide into a deeper depression that wasn’t health related (my original depression was caused by the diagnosis of the physical disability) I don’t qualify for disability from the court due to the nature of the illness,my age and education. I don’t have the money for a seperation or private investigator. I want to move back home to be near family and friends for my life’s sake. I have to try to
pull out of this type of depression-and trying to get a job home would help me not obsess on what he might be doing. Can I come back to NC in a couple of months after I hopefully will have the money and retain an attorney for seperation/alimony,etc.? Could I hire a PI to follow him if I’m not living in NC since a seperation is supposed to last a year? Will the evidence (if any) hold up if I’m not in NC?
My name is own a property deed-will it automatically be removed after a year of being seperated? Am I automatically divorced after a year of us not living together? Can he claim that I abandoned him if I move out of state if he moved out into his own apt. first? Can I refuse to agree to a divorce after a year is up if it’s a matter of him not being willing to pay any post-seperation, alimony, etc. in the event he has someone else lined up? I’m not in the position to pay the basic living expenses currently on my own and that’s why I’m feeling forced to move back home. He will not pay basic utilities because he said he has his own bills to pay-but his 4 businesses net about $3,000 a week. His apt. cost $550 a month but our mobile home was paid for-but it was purchased by him before we got married (can he force me out sooner than I can move out)? It is an old mobile valued at about $4,500. Thank for for this helpful website-the advice has been so helpful. If I could afford an attorney you guys would be my first choice-unfortunately I don’t have the $. [V]