Please help- race to the courthouse!

[MaybeBaby]

What is the name of your state (only U.S. law)? NC

Thanks for taking the time to read- I'll keep it to the point.

1. My STBX promised to file for divorce and keep it in this state. Today he tells me he will file in another state (GA). He has commited adultery and abandonment with one of his coworkers. I have proof from pictures, not to mentio a pregnancy. NC law factors in adultery for alimony while GA does not. I barely scraped together enough to pay the filing fees so I can file before he does.

My question is- is there some form for spousal support? The only form the courthouse gives is the summons. I believe I have to write up my own complaints or what I want. Pendente lite I believe it is called?

He is in the military and owes me about $2,000 in support payments (military regulation). While he was overseas he was untouchable. Now he is back I think he wants to push a divorce through so he won't have to pay. He commander says he's 'working on it'. In the meantime I'm accumulating debt, barely affording rent and gas. Can I ask the judge to enforce this? Or will he disregard it?

Anyone have a link for spousal support/ temp maintenance form example? I have no money for a lawyer- I was going to use the back pay for that or ask the judge to have him pay the fees. Unlikely I know, but worth a shot. I had a pro bono lawyer in another state but my ex refused to be sued there and he got what he wanted because the military allows that.

Is there ANY other paperwork I can file to keep the divorce in NC? Just spousal support perhaps? All the money I have will be spent on filing the divorce papers! If I could wait until next week (I get paid this weekend) it will be better for me.

[Ohiogal]

Originally Posted by MaybeBaby

What is the name of your state (only U.S. law)? NC

Thanks for taking the time to read- I'll keep it to the point.

1. My STBX promised to file for divorce and keep it in this state. Today he tells me he will file in another state (GA). He has commited adultery and abandonment with one of his coworkers. I have proof from pictures, not to mentio a pregnancy. NC law factors in adultery for alimony while GA does not. I barely scraped together enough to pay the filing fees so I can file before he does.

My question is- is there some form for spousal support? The only form the courthouse gives is the summons. I believe I have to write up my own complaints or what I want. Pendente lite I believe it is called?

He is in the military and owes me about $2,000 in support payments (military regulation). While he was overseas he was untouchable. Now he is back I think he wants to push a divorce through so he won't have to pay. He commander says he's 'working on it'. In the meantime I'm accumulating debt, barely affording rent and gas. Can I ask the judge to enforce this? Or will he disregard it?

Anyone have a link for spousal support/ temp maintenance form example? I have no money for a lawyer- I was going to use the back pay for that or ask the judge to have him pay the fees. Unlikely I know, but worth a shot. I had a pro bono lawyer in another state but my ex refused to be sued there and he got what he wanted because the military allows that.

Is there ANY other paperwork I can file to keep the divorce in NC? Just spousal support perhaps? All the money I have will be spent on filing the divorce papers! If I could wait until next week (I get paid this weekend) it will be better for me.

How long has he been in Georgia? Have you ever lived in Georgia? Have any connections to Georgia? How long have you lived in NC? Your ex is in the military? What state is he a resident of?

[MaybeBaby]

He is stationed in GA. We lived in GA before the separation. He moved out and I couldn't afford the rent so I had to move to NC with family. He moved in with his mistress, still in GA. I have been in NC long enough to file, and he is a NC resident through the military.

Is GA a state that takes adultery/abandonement into consideration for rehabilitative alimony? I know NC does because adultery is legal, but online it appears that GA courts don't really care.

[TheGeekess]

"§ 50‑8. Contents of complaint; verification; venue and service in action by nonresident; certain divorces validated.

In all actions for divorce the complaint shall be verified in accordance with the provisions of Rule 11 of the Rules of Civil Procedure and G.S. 1‑148. The plaintiff shall set forth in his or her complaint that the complainant or defendant has been a resident of the State of North Carolina for at least six months next preceding the filing of the complaint, and that the facts set forth therein as grounds for divorce, except in actions for divorce from bed and board, have existed to his or her knowledge for at least six months prior to the filing of the complaint: Provided, however, that if the cause for divorce is one‑year separation, then it shall not be necessary to allege in the complaint that the grounds for divorce have existed for at least six months prior to the filing of the complaint; it being the purpose of this proviso to permit a divorce after such separation of one year without awaiting an additional six months for filing the complaint: Provided, further, that if the complainant is a nonresident of the State action shall be brought in the county of the defendant's residence, and summons served upon the defendant personally or service of summons accepted by the defendant personally in the manner provided in G.S. 1A‑1, Rule 4(j)(1). Notwithstanding any other provision of this section, any suit or action for divorce heretofore instituted by a nonresident of this State in which the defendant was personally served with summons or in which the defendant personally accepted service of the summons and the case was tried and final judgment entered in a court of this State in a county other than the county of the defendant's residence, is hereby validated and declared to be legal and proper, the same as if the suit or action for divorce had been brought in the county of the defendant's residence.

In all divorce actions the complaint shall set forth the name and age of any minor child or children of the marriage, and in the event there are no minor children of the marriage, the complaint shall so state. In addition, when there are minor children of the marriage, the complaint shall state the social security number of the plaintiff and, if known, the social security number of the defendant."
[url=http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_50/GS_50-8.html]GS_50-8[/url]

File in NC.

[MaybeBaby]

I have lived here long enough to file in NC. I am getting screwed because the courthouse only accepts papers waiving my right to ask for spousal support and such. I need at least $1500 to give a lawyer to do any other paperwork- the NC court form link won't provide an example of what to draw up....so I can't do it myself. I guess the NC courts assume everyone has a credit card or access to money to take care of this stuff. I am so depressed right now.