Family Law Questions? Ask a Family Lawyer Online.
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Good morning. I would be happy to answer your question but just want to make sure I understand your question/concern. Are you asking if the fact that he still supports you and your children would prevent the court from considering you separated for the required one year?
Julie, thank you for that additional information. Separation in North Carolina occurs when a husband and wife move into separate residences with the intent to continue living apart from one another. Based on the fact that he has moved out of State and has lived there for two years along with an intent to end the marriage, would give you grounds to file. The fact that he returns to visit the child or supports you and them, would not prevent you from filing for divorce at this time.
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I certainly understand. Things which were acquired during the course of the marriage, would be considered marital assets and something which you could have a valid right and claim to, as well as debts that were accumulated. The court would likely award you alimony, based upon the length of the marriage and sacrifices you had made to care for the child and home, as well as other obligations, which you fulfilled. The court will look at the follow factors, when deciding the amount of alimony to award:
You have no obligation to wait for him to file and you can certainly do it and start the process, so move on with your life. While it may have been easier to live apart, there does come a time where you need to move on, as you stated above, receive what you are entitled to and get legally divorced from him. Please let me know if you have any other questions, I would be happy to answer them