What to do?

North Carolina Divorce Law Divorce and Separation Answers
1

Based on the income you have stated in your post, and without knowing any other facts, it sounds like you may be entitled to alimony and child support. I do not know if the amount of $2,000 is reasonable without reviewing your entire financial picture.

You are also entitled to half of the marital estate, which is comprised of everything that was accumulated during the marriage. Child custody is determined based on the best interests of the children. You are not stuck agreeing to what he proposes, if you think his proposals are not reasonable you can go to court and ask the court to order your spouse to give you what you are entitled to under the law. In addition the court can make a determination of the custody schedule that is in the best interests of your children.

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.

2

Hello,

I’ve posted before, but wanted to check in to ask advice from a lawyer-type. My husband and I of 12 years are separating soon (like in the next month). I’ve already rented a small townhouse within walking distance of our marital home so that the kids can be close to their friends, etc. My husband makes a decent salary ($160,000/year) and I am finishing up nursing school, and will become a paid nurse in February and will make about $40,000/year. He agrees to give me $2000/month until my 12 year old is 18(I also have a 10 year old), but that is the extent of it. He wants me to pick up and go with nothing more than a promise (not in writing) that he’ll pay me support until the kids are 18. He states “You came to this marriage with nothing, why should I have to shell out half of what I earned?”. In terms of child custody, he wants to split it 50%, but I worry since he is a somewhat heavy drinker and is quite verbally abusive. We have two daughters and I worry about them spending time with him, when I’m not here to defend them when he’s drunk and ranting on about whatever the current irritant is. We had separated before, and I came back because it was just so ugly between us, and when I filed complaints against me, he stated “I’m going to take you down.”

My main question is… how can I leave my kids in his care for half of the time if I’m this worried. What are my options? He’ll hit the roof if I don’t go along with his plan for me to leave is alterred by my own voice of reason.