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Ask Maverick Your Own Question
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6422
Experience:  20 years of professional experience
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I live in North Carolina. Been married months. Husband

Customer Question

I live in North Carolina. Been married for 4 months. Husband is so verbally abusive that my nerves stay on edge all the time. I can leave home with a kiss and I love you and come home to hours of endless yelling, cursing and bullying. He does not say I can't see my family but if I go to a ballgame or even to my own daughters wedding I come home and he is drunk and he is name calling, accusing me of seeing someone else, telling me i'm using him and it never ends until he falls asleep. The next morning he acts as if nothing happened. Based on NC law what can I do and where would I stand in the legal system.
Submitted: 2 years ago.
Category: Family Law
Expert:  Maverick replied 2 years ago.
Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
Are you wanting to get a divorce?
Customer: replied 2 years ago.
he just keeps threatening to leave and we built a new house, he paid for it but put it in both our names. He wants me to leave and when he is not drinking he's fine. Just not sure where I stand if I do leave and not sure that I can take it much longer.
Customer: replied 2 years ago.
he drinks dailey, and I have tapes of him screaming and calling me names and he tells me one minute the house is mine, the next thing he says is he is going to sell it
Expert:  Maverick replied 2 years ago.
Sounds like you need to be firm with him and let him know that how great your relationship would be if he would just stop drinking; but that you cannot make him do that. He will need to decide to do that on his own.
Let him know that you are going to move out and live separately until he has shown a track record of not having had a drink for at least 6-12 months [which is the lease terms typically found on an apartment lease]. You can still see him couple of nights a week and that will give you a chance to see how he is progressing and play the wait and see game. This will also set you up for filing a no fault divorce under NC law:
Under NC law, 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.
G.S. 52-10.2 provides:
“Resumption of marital relations” shall be defined as voluntary renewal of the husband and wife relationship, as shown by the totality of the circumstances. Isolated incidents of sexual intercourse between the parties shall not constitute resumption of marital relations.
Under present law, isolated incidents of sexual intercourse do not stop the statutory one-year period from running, provided such incidents do not amount to a “resumption of marital relations.” Whether or not such resumption of marital relations occurs is to be determined by “the totality of the circumstances.”
If things really are hopeless, then you can file for an at-fault divorce if he commits 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. (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. (North Carolina Statutes - Chapter 50 - Sections: 50-5.1 and 50-6)
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If, for some reason, you are not satisfied with the answer, I would appreciate knowing why so that I can try to clear up any misunderstanding that may have taken place and still earn a positive rating from you. If you would rather obtain a refund of your deposit, just let me know and I will inform JA on your behalf. Finally, you may request me in the future by beginning the question with "THIS IS FOR MAVERICK".
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Customer: replied 2 years ago.
I don't think you understand the question. Do I have legal recourse on the abuse and where do I stand with ownership of this home. Can I have him removed because of the drinking and verbal abuse. I have no where to go and have no job. I have just started getting social security but it is not enough to leave him or rent anything. I sold my house when we got married that was paid for and now I have no where to go.
Customer: replied 2 years ago.
I could care less about obtaining a divorce, I just want to have a home
Expert:  Maverick replied 2 years ago.
Do I have legal recourse on the abuse?
1. Yes, you can apply for a DVPO. It is a domestic violence protective order that will prevent him from engaging in certain actions, living within your residence, and/or coming within a certain distance of you
Where do I stand with ownership of this home?
2. Since you are both on the title to the home, then you both have equal rights to the home. If the court grants you a DVPO, he may be ordered to leave the home and live at a separate residence even though the home is jointly owned. When the home is sold, the two of you would split the proceeds on a basis that the court believes is fair and equitable.
Can I have him removed because of the drinking and verbal abuse?
3. Yes, see above answers.
Customer: replied 2 years ago.
thank you
Expert:  Maverick replied 2 years ago.
Your most welcome. Please remember to assign a feed back rating so JA will compensate me for my time. Thank you.