NC Divorce, need restraining order, other

[NC Divorce]

I live in North Carolina. I've been married for 7 years. Me and my husband live together in a home that my mother bought for me. The house is in her name solely. My husband had been emotionally and verbally abusive to me for years and recently has been threatening me when I told him I would file for divorce. I have not been going home because I am scared. I wanted to go to the magistrates office to get a restraining order and have him removed from the home, but I have questions before I do this. I am scared of what my husband might do if I force him to leave the house.

1. Can my husband turn off my health insurance while we are separated before the divorce is final if his insurance is my only health insurance?

2. What can I do to prevent my husband from taking money out of the 401k that we generated while together if the 401k is in his name?

3. How do I legally get my husband out of my house if the house is owned by my mother ?

4. Is North Carolina truly a no fault state as far as divorce is concerned and what does that mean exactly in the case of one party being abusive to the other?

Thank you

 

[mistoffolees]

I live in North Carolina. I've been married for 7 years. Me and my husband live together in a home that my mother bought for me. The house is in her name solely. My husband had been emotionally and verbally abusive to me for years and recently has been threatening me when I told him I would file for divorce. I have not been going home because I am scared. I wanted to go to the magistrates office to get a restraining order and have him removed from the home, but I have questions before I do this. I am scared of what my husband might do if I force him to leave the house.

1. Can my husband turn off my health insurance while we are separated before the divorce is final if his insurance is my only health insurance?

2. What can I do to prevent my husband from taking money out of the 401k that we generated while together if the 401k is in his name?

3. How do I legally get my husband out of my house if the house is owned by my mother ?

4. Is North Carolina truly a no fault state as far as divorce is concerned and what does that mean exactly in the case of one party being abusive to the other?

Thank you

1. Not legally. He may still do it, but he would become responsible for any expenses you might have - and might face contempt charges.

2. You can't prevent him. However, if he does so after you file for divorce, he will be in contempt and have to reimburse you (except if absolutely essential for meeting living expenses).

3. Someone else will have to answer that - but you need to consult with an attorney, anyway, so they may be able to answer it. My guess is that YOU can't remove him, but your mother might be able to.

4. Being abusive is not grounds for divorce unless it is life threatening. Google 'NC grounds for divorce' (without the quotes) and you'll find information like http://www.divorcenet.com/states/north_carolina/north_carolina_grounds_for_divorce.

 

[Ohiogal]

When you file for divorce ask for a restraining order preventing changes in insurance, retirement and the like. It will freeze it as it is at the date of filing like Misty said (don't know if he likes that name or not -- he hasn't yelled yet). As for removing him from the marital home, ask for a temporary order granting you sole possession of the marital home since it is your mother's house.

 

[LdiJ]

I live in North Carolina. I've been married for 7 years. Me and my husband live together in a home that my mother bought for me. The house is in her name solely. My husband had been emotionally and verbally abusive to me for years and recently has been threatening me when I told him I would file for divorce. I have not been going home because I am scared. I wanted to go to the magistrates office to get a restraining order and have him removed from the home, but I have questions before I do this. I am scared of what my husband might do if I force him to leave the house.

1. Can my husband turn off my health insurance while we are separated before the divorce is final if his insurance is my only health insurance?

Technically he isn't supposed to do so but he could do it anyway and make things complicated. It would be in your best interest to get health insurance, by whatever means, as soon as possible.

2. What can I do to prevent my husband from taking money out of the 401k that we generated while together if the 401k is in his name?

You didn't generate a 401k together. There is no such thing as a joint 401k. You are entitled to 1/2 of the value of his 401k that accrued during the marriage, but you need to file for divorce to restrain him from dissipating that asset.

3. How do I legally get my husband out of my house if the house is owned by my mother ?

Technically your mother needs to go through the steps to legally evict him.

4. Is North Carolina truly a no fault state as far as divorce is concerned and what does that mean exactly in the case of one party being abusive to the other?

Thank you

No, NC has both fault and no fault divorces. Get a consult with a local attorney.