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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111601
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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What are the abandonment laws in North Carolina. My wife

Customer Question

What are the abandonment laws in North Carolina. My wife left on April 9th. And now she is trying to force her way back in the house. Her name is ***** ***** the mortgage but she abandoned me and our kids, got her own place and now is having money troubles and is trying to move back without me wanting her to. My question is can I stop her and how? She called the police cause I changed the locks bout a month ago and they made me give her a key. I don't want her to be able to come here whenever she wants.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The only way you can legally keep her out is to file a suit for divorce and together with that you need to file a motion for temporary possession of the house. Otherwise, without a court order, if it is the marital home and she is on the mortgage, she still has legal rights to enter the home. So, if you are done and you want her to not come into the home, it is time to get an attorney locally and file your divorce and temporary possession motion and temporary custody since she abandoned you and the children.

Customer: replied 1 year ago.
Well she says she won't sign anything because she doesn't want to get divorced. If she moves in and I take the kids and go can she use that against me?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

She has NO CHOICE in a divorce, she does not have to sign anything. You file the divorce, you have her served with a process server and she has no choice. If she moves in you need to say nothing, get the divorce filed, have the process server come to the home and serve her the divorce and motion for temporary possession of the home and temporary custody of the children and she has nothing she can do or say except get out and leave the children.

Do not let her know what you are doing if she moves in, you file the divorce and have her served there so the process server does not have to go looking for her to serve her. She doesn't need to sign anything, once she is served the divorce proceeds. You need to really get to a local attorney now. Do not leave the home with the children, you stay and you file and serve her.

Customer: replied 1 year ago.
Ok that sounds good. So she will have no choice if I file? I should have done this a few months ago but I haven't really had the money. I still don't but I guess I can charge it if I need to. I have all texts from he from before and after she left. I also have stuff from a couple years ago when she cheated on me. She now says she didn't it is mental illness. She is diagnosed with bipolar and depression. She is going to try to use that as her defense.
Customer: replied 1 year ago.
Also she keeps threatening that if I am ever with anyone else she is going to kill her and chop my you know what off. I am not with anyone or even talking to anyone but what can I do about that for the future if anything ever does come about ?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Yes, that is the avenue you need to take if she is acting like this.

I have to tell you, we hear about people not having the money all the time, if you wait until she does something like takes off with the children, it will cost you 2-3 times what it will cost you to do it now.

Bipolar depression is not a defense in a divorce, that is nonsense.

You can get a restraining order at the same time you file the divorce if you prove those statements, which will keep her from coming around you or the children.

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