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legalgems
legalgems, Lawyer
Category: Military Law
Satisfied Customers: 7431
Experience:  Just Answer consultant at Self employed
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My wife and I are separated legally. She has stated she is

Customer Question

My wife and I are separated legally. She has stated she is only holding on to the process for the sake of money. She is currently working, and has her own business. She also manages to take several trips out of town. Is there any way I can speed up the divorce process so she stops taking my money? We have NO children. And she moved out of state.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: I'm stationed in NC. She is currently in LA. We were married in NY.
JA: Have you talked to a lawyer yet?
Customer: Only legal advice I've received is from the Army. Telling me I have to pay her even though she's fully capable of taking care of herself.
JA: Anything else you think the lawyer should know?
Customer: I'm pretty sure I have text messages stating her intention of not staying married and using this as a means for income.
Submitted: 3 months ago.
Category: Military Law
Expert:  legalgems replied 3 months ago.

I am sorry you are having to deal with this - sometimes people try to prolong the situation for monetary gain.

Can you tell me if any divorce papers have been filed, and if so, in which state?

Is one party a higher income earner than the other?

Customer: replied 3 months ago.
No divorce papers have been filed. I was under the impression we might work this iut. I've had enough.I have a higher income, but a lot more expenses.
Customer: replied 3 months ago.
I'm assuming we would file in NC.
Expert:  legalgems replied 3 months ago.

Thank you;

If the parties remain separated but no legal proceeding is initiated, then each party has the duty to support the other and remains liable to third party creditors for any monies extended. However, once a petition for dissolution is filed, the court then has jurisdiction to make interim orders, such as temporary spousal support, if appropriate.

This is called "postseparation support" which allows the lower income earner to request support pending the divorce, and they must prove they are unable to support themselves. The factors the court will consider are:

  • the financial needs of both parties
  • the parties’ accustomed standard of living (ie established during marriage)
  • the present employment income and other income of each party from any source
  • the parties’ income-earning abilities (so for example if one party is un/under employed that can be taken into account)
  • the separate and marital debt service obligations of each party
  • those expenses reasonably necessary to support each of the parties
  • and each party’s respective legal obligations to support any other persons (ie minor children)

This is governed by code § 50-16.2: located here:

http://www.ncga.state.nc.us/enactedlegislation/statutes/pdf/byarticle/chapter_50/article_1.pdf

Of course, one can suggest mediation to see if they can work things out, or one can file and then the parties can have the case dismissed should they reconcile in the future.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 3 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

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