How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Attorney & Mediator Your Own Ques...

Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
Type Your Family Law Question Here...
Attorney & Mediator is online now
A new question is answered every 9 seconds

My husband and I have been seperated for over one year now.

Resolved Question:

My husband and I have been seperated for over one year now. I am ready for a divorce. I plan on filing Pro Se in Currituck County, NC. From what I understand there are two grounds for divorce, no fault and Incurable insanity? Since we have been seperated for one year and he is in no hurry to divorce me to make my live miserable, can I file under our signed seperation agreement and get one that way? Can he protest it if we have been apart for more than one year? We have custody and child support listed in the seperation agreement. What do I do if I can't get him served, or I can't get a return receipt on him by mailing it to him. He is a police officer, and was wondering if I could have the department served to give it to him. What can I do on my end just to get this over with. I currently have a protective order on him, that I go to court on 09/09/09, can I have him served there?
Submitted: 4 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 4 years ago.
1) Just to clarify there are no fault grounds and fault grounds. The fault grounds consists more than just the incurable insanity, they are as follows:

No-Fault:
(1) Marriages may be dissolved and the parties thereto divorced from the bonds of matrimony on the application of either party, if and when the husband and wife have lived separate and apart for one year.

Fault:
A spouse must commit one of the following acts: (1) Abandons his or her family. (2) Maliciously turns the other out of doors. (3) By cruel or barbarous treatment endangers the life of the other. In addition, the court may grant the victim of such treatment the remedies (4) Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome. (5) Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome. (6) Commits adultery. (7) Incurable insanity. (North Carolina Statutes - Chapter 50 - Sections: 50-5.1 and 50-6)

2) Your separation agreement can be used to support a no-fault divorce. So you can file under those grounds, as that document is evidence of your intent to live separate and apartm

3) He can protest all he wants, but it would be difficult to consent to the separation agreement he signed.

4) You personally cannot serve him. If he is coming to court, you can have the sheriff or hire a process server to serve him and yes he can be served at the next court hearing. Again you cannot serve him the paperwork. If he cannot be served after several attempts, he can be served by mail, again by a third party process server or mailed by the court clerk. Do not mail it yourself. They will prepare a proof of service that will prove he was served by them. If he does not respond, you can request that a default judgment be entered divorcing you.






_______________________________________________

Please Note: My answer is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, doing research on your question, called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.


Customer: replied 4 years ago.

One he is served, how long can he drag this out. I am just trying to see what to expect here. I plan on filing everything tomorrow and have them serve him when he appears for the protective order.

 

The seperation agreement clearly states that I will have full custody of the kids and a certain amout for child support. Can he try and change that at the hearing?

 

 

Expert:  Attorney & Mediator replied 4 years ago.
He can drag it out by contesting the divorce, which means setting a hearing or mediation to resolve the issues. Divorces can get ugly and can take several years to settle. Since issues of child support and child custody can always be modified while the children are minors, the provisions in the agreement can be changed. However the written agreement you have is evidence to show what he has agreed to, so if he wishes to change the arrangements, he would need to show why the changes would be in the best interests of the children and given that a protective order is in place, I seriously doubt the court will give him custody of the children as he can use them to control you.






_______________________________________________

Please Note: My answer is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, doing research on your question, called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.

Customer: replied 4 years ago.

He may be losing job, he has two harrassment orders out on him from the county sheriff on top of my protective order in which they took his weapon from him yesterday.

 

This will help strengthen my chance of keeping custody?

Expert:  Attorney & Mediator replied 4 years ago.
Thank you for your reply.

Yes, that information will definitely aid you in getting custody, since it shows that he does not have any respect with others.



_______________________________________________

Please Note: My answer is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, doing research on your question, called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

Thanks for all the information. I really appreciate it.

 

 

Expert:  Attorney & Mediator replied 4 years ago.
My pleasure, all the best with this issue.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney