Separation papers

Discussion in 'Discussion Group' started by silkyrabbit, Apr 9, 2007.

  1. silkyrabbit

    silkyrabbit Well-Known Member

    no
     
    Last edited: May 1, 2007
  2. Pirate96

    Pirate96 Guest

    You will get through it, but I guess you could use "see you in court" about visitation.
     
  3. ServerSnapper

    ServerSnapper Well-Known Member

    Actually North Carolina is a No fault state when it comes to Divorce. If you are seperated. Meaning two different house holds then he can do what he wants when the kids are with him and vice versa. As long as no abuse is being done.
     
  4. KDsGrandma

    KDsGrandma Well-Known Member

    No fault divorce means that you can get a divorce after one year separation, neither party has to prove "grounds" such as adultery, mental or physical cruelty, etc. It has nothing to do with visitation. You can ask for supervised visitation if you think it is necessary, or you can ask for certain conditions to be met when the children are with him. Whether or not the judge will agree is another matter.

    Peace & Love,
    Pat
     
  5. ServerSnapper

    ServerSnapper Well-Known Member

    It isn't like it use to be in NC. A mother can't just ask for supervised visitation unless abuse is occuring(Which has to be proven). If she is just bitter because he moved on with a new relationship she has no grounds for that request.
     
  6. KDsGrandma

    KDsGrandma Well-Known Member

    Anybody can ask for anything. Whether they get it is another question.

    Peace & Love,
    Pat
     
  7. ServerSnapper

    ServerSnapper Well-Known Member

    Sure you can. If you want to make yourself look petty in the eyes of the court. A judge frowns on anyone making request to be mean or out of spite. But you go ahead and motivate her to do so. The child comes first not bitter feelings of rejection. If he is a good father to the kids then your advise is malicious. If he isn't then it has merit.

    Think clearly grasshopper. Anything you do or request is going to be in the lime light. It will be used against you. Divorce attorneys are relentless in the pursuit of imperfection. Anything that you have done that is questionable will be brought up in court.

    Who left who?
     
  8. KDsGrandma

    KDsGrandma Well-Known Member

    I "advised" her to get a lawyer. Anything else I said is simple statement of fact. And thank you very much for explaining to me how things work in court.
     
  9. silkyrabbit

    silkyrabbit Well-Known Member

    no
     
    Last edited: May 1, 2007
  10. Pirate96

    Pirate96 Guest

    Good father? As stated by this poster he voluntarily left his house and moved in with another woman. Definitely not up for father of the year.
     
  11. JenniferK

    JenniferK Well-Known Member

    The long and short of it is, I've been there and done this.

    SR- As painful as it is, unless your children are in immediate danger, the chances of you being able to stipulate who they are around when they are visiting with their father are very very slim.

    I'm so sorry that you are going through this.
     
  12. ServerSnapper

    ServerSnapper Well-Known Member

    I did not read that. Sorry I missed it. If they are not doing stuff in front of the kids sorry to say she is not going to get any place with that argument. All the opposing attorney will argue is that these kids are to see thier father and what he does in his home is his business not the mothers and vise versa. She is basing this on resentment and rejection. Morally she does not have a leg to stand on. Especially since they are seperated. They both have the freedom now to do as they wish since they are not acting as a married couple and have proof of different residence. As a previous poster stated if you plan on sueing the other woman for stealing your husband you will have to have pictures of the act. Anything else is just hear say. I know it isn't easy to read. But it is true. You have to have the act on film to prove the act.
     
  13. peppercorns

    peppercorns Well-Known Member

    Isn't it only no fault if you let it rest for one year with a legal separation and such. THis man is an adulterer and needs to have the book thrown at him.
    Can't she get a "hey it is your fault you cheater!" divorce???
     
  14. ServerSnapper

    ServerSnapper Well-Known Member

    You know it really sucks that any family has to go through this. The people who suffer the most are the kids. The most important thing to not do is talk to these kids like they are adults and tell them what the other parents are doing wrong. Being civil to each other will ease the pain. I learned this the hard way. It causes resentment from the kids. They will pick up on every small detail you have to say about the other parent so try to refrain from talking about the other parent in front of them. It will haunt you. Kids also are master manipulators when it comes to divorced parents. They will tell you everything you want to hear when it comes to what the other parent did wrong. Nipping that in the bud will make life easier for the both of you so the both of you can be good parents to your kids. Even though you are seperated you are still parents who share that responisbility for those kids. Life gets better. The sooner you realize that the better off you will be.
     
  15. ServerSnapper

    ServerSnapper Well-Known Member


    Nope.
     
  16. kaci

    kaci Well-Known Member

    So are you saying that in NC you cannot file for divorce if you have grounds:shock: How can that be correct if you able to sue the other woman for alienation of feelings in NC? Never had to go through a divorce here but i am surprised if that is true.
     
  17. ServerSnapper

    ServerSnapper Well-Known Member

    Alienation of affection itself is grounds for divorce. Proving adultery is hard to do without proof.
     
  18. ServerSnapper

    ServerSnapper Well-Known Member

    If you read Rosen there only a few cases where it has been done successfully. But it is an expensive task to do. Be ready to shell out minimum 20G's. I had an attorney in Raleigh want to charge me 20G's just in a custody hearing. I have custody. Well it is a long story. But I have had custody for over 8 yrs. Then came time for me to move that is when she wanted to file a request change of custody order. Didn't work. You MUST prove a substantial change of circumstances in NC. By definition to the letter.
     
  19. Cleopatra

    Cleopatra Well-Known Member

    From what I have heard about Dionne, she will nail his ___ to the wall. JoCo is also a pretty conservative county and doesn't take adulterers lightly. IMO, destroying the family unit and expecting the kids to fall at his skank's feet is abuse. Hehe, too bad I'm not a lawyer or judge.
     
  20. ServerSnapper

    ServerSnapper Well-Known Member

    Hear say is not admissable. Remember that. Not so easy to nail. Mark my words.
     

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