Separation papers

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

  1. Cleopatra

    Cleopatra Well-Known Member

    But not impossible, either. I won't give any info here, in case the louse is reading. I don't want him to cover his tracks, and I am sure silky is smart enought to investigate on her own... But it also sounds like he has admitted it to her?
     
  2. ServerSnapper

    ServerSnapper Well-Known Member

    Well then maybe we should start a pool? Who is a wanting to guess the outcome. It will be public knowledge come trial.
     
  3. ServerSnapper

    ServerSnapper Well-Known Member

    lol I am such a lamo. Sorry about that great grammer and spelling and any other mistake I may do with the English language.:mrgreen: :lol:
     
  4. silkyrabbit

    silkyrabbit Well-Known Member

    no
     
    Last edited: May 1, 2007
  5. ServerSnapper

    ServerSnapper Well-Known Member

    The process in itself will be a war of words in the beginning. Your attorney will submit papers. The first thing your ex's attorney will do is deny deny deny. Strike this, strike that. I wish you luck.
     
  6. KDsGrandma

    KDsGrandma Well-Known Member

    That's right, Kaci. NC is a "No fault divorce" state. The only grounds for divorce in this state is one year's separation. There is another action called "divorce from bed and board" that is fault-based, but it is not really a divorce, it is a judicially ordered separation. Most couples do not go through that process. It is a good idea to enter into a separation agreement to settle all issues concerning custody, visitation, child support, division of marital property, and spousal support, and that should include a provision that it will be incorporated into the divorce decree, if there is ever a time when the parties can agree on all those things.

    Alienation of affections is a completely separate matter. It is not grounds for divorce. It is a civil suit, just like a personal injury suit or breach of contract, and the result (if the plaintiff wins) will be a monetary judgment against the party that "stole" the other person's spouse.

    Issues surrounding the children can be addressed by the court at any time, you certainly do not have to wait any length of time at all to ask the court to determine custody, visitation, and child support. Silky, if he is not willing to be reasonable, I'm sure your lawyer will advise you how to proceed.
     
  7. ServerSnapper

    ServerSnapper Well-Known Member

    You are simply jesturing that Alienation of affection is strictly a civil issue?? You absolutely have your facts mixed up. It is for both. First and foremost is each one of those divorce sites are going to tell you what you want to hear to get in the door. Then reality comes into play.
     
  8. KDsGrandma

    KDsGrandma Well-Known Member

    Thanks, but I didn't get my information from one of "those divorce sites." The only grounds for divorce in NC is one year's separation.
     
  9. ServerSnapper

    ServerSnapper Well-Known Member

    It was in mine. Black and white on the final decree.
     
  10. KDsGrandma

    KDsGrandma Well-Known Member

    Alienation of affection? I call B.S. on that. If it was in NC.
     
    Last edited: Apr 10, 2007
  11. ServerSnapper

    ServerSnapper Well-Known Member

    You can call B.S. if you want. Let me know when he or she answers. Why not H.S or P.S? Why does it have to be B.S? It is all public record. Do some homework.
     
  12. peppercorns

    peppercorns Well-Known Member

    if anyone cheats they should have their parts( his or hers) nailed to a board - then maybe they'd have an idea about how their partners heart feels.

    You can call me a lot of things...but....sympathetic to a cheater isn't one of them. The fact that it takes one year to divorce yourself from a rotten scoundrel like she has should be a crime. Let the woman have her divorce and be done with the creep.
    I am sorry about his lack of caring with the kids. I had a child by hubby #1. AND yes i did do everything myself - and won. You will be fine no matter how you do it. If you can afford a lawyer then use one.
    What does everyone think about her making this public at work? Letting the co-workers know aboput the floosey working there with him? Should she keep her mouth shut and take the high road? Suffer in silence?
     
  13. ServerSnapper

    ServerSnapper Well-Known Member

    That is the key. A good attorney.
     
  14. ServerSnapper

    ServerSnapper Well-Known Member

    It is important for me to say that I am basing my opnion on my personal experience with this issue. Either way the kids suffer.
     
  15. Hatteras6

    Hatteras6 Well-Known Member

    My advice is to not make this a workplace issue. Most of the people with whom you work don’t want to be caught in the middle. (Workplace exceptions would include a preacher doing this, a judge, or person of high visibility). For most of us, our friends don’t want to be caught in the middle. Fewer of our coworkers do either. Dropping the dime to the boss might backfire. Either one of you, or both, might be canned for no reason at all (NC is a right to work state, with no guarantees of employment). How would that appear to a judge? How would that affect your children? As a workplace issue, management will probably be more concerned with the follow through of what happens from their own POV. They don’t want a disgruntled, ex employee coming back with a gun. So, they’ll take the path of least resistance and legal exposure. And none of your coworkers and friends wants to be subject to a deposition to ask them who said what about whom, when and why.

    Additionally, while the desire to humiliate this person is strong, eventually, it will get back to the kids. And, as difficult as it sounds to do (in actuality it is ever far more so) being civil is the best that you should do. Most divorce / MSAs have language to suggest that neither parent will interfere with the relationship of that between the other parent and the children, and will endeavor to keep a healthy parent-child relationship.

    Alienation of affection lawsuits are expensive to file, and prove, and win.

    The only people who really profit from all this churning is the lawyers. And, nothing will really change. He’ll always be the cad who cheated. You’ll always be the aggrieved. And, most importantly, your children will always be in the middle.

    Additionally, advice about not throwing a rock at a glass house may be relevant. Judges consider the conduct of both parties, before, during, and after separation. Discretion is the key.

    Good Luck!
     
  16. Tangerine

    Tangerine Well-Known Member

    The judge won't go for that. You will not be able to say who the kids are around when he has them even if there is abuse and he has supervised visitation. I've been there, done that. My kids didn't want to see their dad either and they were peeled out of my arms by the sheriff when they were baby's and forced to go with there dad.

    if he is living with another woman now then he is committing adultry but the court doesn't pay too much attention to that either. you need to get a lawyer asap and get child support and visitation taken care of. if he gets 3 months behind he will get a letter giving him 30 or 60 days to catch up then a court date is set and you can bet on that date getting put off many times. I spent 7 yrs in court before i got any child support.
    divorce is no fun and it will take its toll on you and the kids. get everything on paper and get yourself and your kids into some kind of therapy and try to move on. and whatever you do, do not let Jackie Lee be your judge. she believes that if a dad is paying $5 a month for child support that he is making an effort and will tell you that nothing can be done.

    good luck. IM me if you would like.
     
  17. silkyrabbit

    silkyrabbit Well-Known Member

    no
     
    Last edited: May 1, 2007
  18. Tangerine

    Tangerine Well-Known Member

    once the judge sets the amount, he pays or goes to jail. btw Jackie Lee was not a judge when she made that statement to me. She was my "attorney"
     
  19. silkyrabbit

    silkyrabbit Well-Known Member

    no
     
    Last edited: May 1, 2007
  20. froggerplus

    froggerplus Well-Known Member


    OMG, ROTFLMAO. Advising you about how things work in court?! Oh, that was RICH!!

    Silky, honey, call Jen's attorney. I've talked with him. My situation will get sticky before it's over, and he's good. I'd trust him and we have a child involved also.

    {{big hugs}}
    Frogger
     

Share This Page