You are legally in NC entitled to 1/2 of the rise in equity from the date you married until the date you separated.
Custody of the child is up to the courts. You will have to file for it through and attorney and fight him for it. Have you ever filed police reports for the abuse? Have any witnesses to the abuse? That would help you get custody.
You do what you think is the safe thing for you now. It dosen’t seem like living in the house is a good situation for you or your child, but what are the repercussions if you are to leave? My suggestion would be that if you leave you retain a restraining order.
Legally, yes , you can take your son. BUT he can take him right back unless there is just evidence that he is not suitable to raise your son (the restraining order).
Alimony is under the discretion of the judge.
Will she testify in court? That is the big question. If she will, it will help your claim to alimony.
Thank you so much for responding. I have made an appointment with an attorney and she is also the child support attorney.
I am going to more than likely get out right away and get a restraining order against him. It will get really bad once I leave and I will have to be on guard 24/7.
I just wish he could not get him until we go to court.
My plans are to get the woman to either testify or I am going to let her know I am going to sue her for alienation of affection.
As for as anyone seeing him abuse me…no…he is to smart for that. He has admitted to my parents that he hit me and spit in my face. I have had plenty see the verbal abuse. The police have been called to the house twice.
Well, I got a domestic violence restraining order against my husband on 12/29 and I had him evicted from the home, got temporary custody of my son and he is not to come around us until we go to court on 1/9. Needless to say he is furious, but I know I did the right thing.
I have hired an attorney and I am in the process of meeting with the domestic violence group in my area. They will go to court with me on 1/9. This was such a big step for me.
You were right about the house…I am entitled to half the rise in equity.
I know I have a long road ahead me, but I have to do it…if not for me my precious baby boy[:)]
Good luck to all of you that are going thru anything like this…You can do it. No one deserves to be treated like this…you are special and you can be happy.
My husband and I have been married for almost 3 years and during that time we have had a few good times, but mostly alot of very bad times. He is very abusive. He has hit me before, but mostly he is verbally abusive. He calls me every name in the book. I have never cheated on him and for the most part I feel I have been a good wife. He has alot of bottled up anger from his past and he thinks he should be able to take it out on me. Everything is everyone elses fault he takes no responsiblity for anything. I realize I should have left along time ago, but I didn’t so now it has come to this…I am at then end of my ropes…It is like one of the tv programs you see…where I am going to have to deal with this man the rest of my life because I had a child by him and now it is breaking my heart because he is doing these things of front of our baby. He constantly tells me if I don’t like the way things are I can move out(the house was deeded to hime before we were married, so I hear all the time that I will never get it). He is a complete nut. He had an affair on me for over a year which he and she both have admitted to. He tries to control everything I do and what I do with our son. I go to church and work and that is the jest of my life.
Anyway I am sick and tired of all of the mean and degrading things he says to me and I realize now that I do not need or have to put up with this in my life and I have to raise my child in a loving and stable environment.
Anyway my questions are as follows
What about the house? It was deeded to him by his parents before
we were married? Am I entitled to anything?
What about full custody of my child?
What steps do I take first? Move out of the home until I can
afford an attorney?
If I leave can I take my son legally?
Will he be responsible for alimony?
Can I have the woman he cheated on me with testify in court?