Wife remarried?

North Carolina Divorce Law Divorce and Separation Answers
1

  1. I have been separated for about 5 years.

  2. As part of the equitable distribution she was suppose to pay for the legal separation. She did not.

  3. I completed / honored my part of it completely and on or before the date specified. Since then I have even helped her out when I was not legally responsible for doing so.

  4. Our child mediation has agreed apon and sign at the same time. It was 50/50. Also since then I have even helped her out when I was not legally responsible for doing so.

  5. During the past 5 years I have had both my children for more than half the time, for which I am very grateful.

  6. During this time she has had a child by other man. Court records show that he has drug/criminal issues. Note last statement above…. besides loving my sons very much this is another big reason as to why I am grateful for more than the court order 50/50.

  7. Now the kicker
    A) I have never received a civil summons by certified mail, sheriff, or public notification concerning a divorce. Note I read public notices daily in my local paper and her local paper for home / property foreclosures - would have seen my name in the same section. Also note I live about a mile from her parents and I am in contact with them almost every day. They and my parents help me watch the boys when I need to go out of town for business if they can not go with me.

B) I understand from other people friends/her family that she has moved into another county across the state and has married the man mention above.

C) Can/could she have done this legally with me knowing?

D) If we are not legal divorced isn’t she in a lot of trouble for doing this…besides the fact he has court records showing has drug/criminal issues?

E) Who should I contact? What should I do? Currently both of my sons are staying with me full time at her request. I do not really want to let them go back and her parents agree. What can I do for my children?

Thanks for advice you may give me.

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I am unsure what you are referencing when you state that your wife was supposed to pay for your legal separation as there is no legal separation in North Carolina. The period of separation is simply that, the time period when two spouses live separate and apart from one another.

As for the divorce, if you have not been served, any divorce she has obtained would be invalid. If your wife has indeed married another man, the marriage is void. While bigamy is still a crime in North Carolina, it would be up to the district attorney’s office as to whether or not it would be prosecuted.
In any event, you have done nothing wrong, and are not liable for her actions if she has indeed obtained a divorce by fraud. You may want to contact the clerk of court in the counties where she has lived over the past 5 years to see if there is a divorce judgment on file.
As for the children, if she is still attempting to seek custodial time and she and her new husband cannot provide a safe environment for them you will need to seek a modification of custody to ensure you are awarded sole physical custody. I would suggest you contact a lawyer in your area to discuss these issues in depth and create a plan of action moving forward.