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

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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: 7 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 7 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.






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Customer: replied 7 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 7 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 7 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 7 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 and other Family Law Specialists are ready to help you
Customer: replied 7 years ago.

Thanks for all the information. I really appreciate it.

 

 

Expert:  Attorney & Mediator replied 7 years ago.
My pleasure, all the best with this issue.

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