MY rights

[rbritt]

What is the name of your state? North Carolina

My husband (transitional) has been gone since December - I have filed for custody through my lawyer (which took everything I had in savings) and have a temporary Ex Parte custody order (b/c of continued substance abuse and current drug charges (plural) on his record) and child support through DSS (of which I hae not recieved one penny - not one - since he left.) I have tried to set up a property settlement agreement through my lawyer - we mailed it to him in January, but he refused to discuss it. He has had no contact with me or his children since the first of March. Once December (this year) rolls around, can I file for divorce EVEN IF HE WON'T work with me on property settlement? What if I can no longer continue to afford the $1,100 / month house payment with no support. The loan is in my name, but the deed of course in in both names. Also, if he's not willing and not supporting his kids, has wrongfully broken into our home and taken things (I consider it stealing, but the magistrate dismissed the case, because he admitted to it) to pawn for his habit. What are MY rights to the things in the house, etc - if I need grocery money etc. He has not been held accountable for ANYTHING - what are MY rights?!What is the name of your state?

 

[mistoffolees]

What is the name of your state? North Carolina

My husband (transitional) has been gone since December - I have filed for custody through my lawyer (which took everything I had in savings) and have a temporary Ex Parte custody order (b/c of continued substance abuse and current drug charges (plural) on his record) and child support through DSS (of which I hae not recieved one penny - not one - since he left.) I have tried to set up a property settlement agreement through my lawyer - we mailed it to him in January, but he refused to discuss it. He has had no contact with me or his children since the first of March. Once December (this year) rolls around, can I file for divorce EVEN IF HE WON'T work with me on property settlement? What if I can no longer continue to afford the $1,100 / month house payment with no support. The loan is in my name, but the deed of course in in both names. Also, if he's not willing and not supporting his kids, has wrongfully broken into our home and taken things (I consider it stealing, but the magistrate dismissed the case, because he admitted to it) to pawn for his habit. What are MY rights to the things in the house, etc - if I need grocery money etc. He has not been held accountable for ANYTHING - what are MY rights?!What is the name of your state?

Your rights are exactly what your court order says are your rights. If you don't have a court order, then it's as much his house as yours.

If you have an order for child support and he's not paying it, you can file for contempt. Meanwhile, ask DSS why they're not collecting from him.

You don't need his approval to file for divorce, so do it as soon as your attorney says you can. If he refuses to discuss property, the court will divide the property.

If you can't afford the house payment, then you have the option to sell the house. I would do everything possible to avoid that while you're waiting for a court order because it will get messy if you sell it now. Still, if you absolutely can't afford the payments and he is not assisting with child support, ask your attorney if you can get an emergency order allowing you to sell the house.