Legal Question in Family Law in North Carolina

Me and my wife live with my parents. We have no lease or anything like that . She has a drinking problem and loves to start fights and arguing with me . She has 3 kids which aren’t mine from previous relationships. She recently started working and is making me and my family responsible for watching . Due to all the problems she has started and it’s getting worse my mother is worried it will get really bad . I have worked for the sheriff dept for 10 years and recently had to resign/put in for medical retirement in which I was assaulted bad, had my eye busted open need stitches , broke nose, torn tricep muscle and a few more injuries. Me and my wife are going to get a divorce when we can my mother wants her out of the house . She most likely won’t leave easily. Will my mother need to evict me as well to make her leave ? She has a job now and gets child support from all three kids. Is she entitled to my medical retirement if I receive it we were only married less then three years. Thank you


Asked on 2/21/18, 3:53 am

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

If there is no lease there is a slight chance your mother may be able to simply tell her and the kids to leave and if she doesn't call the local police or sheriff's department to escort her and the kids off the property for trespass. However, law enforcement will likely find this to be a civil matter, so she may have to formally evict them. If so, she should do that as soon as possible because you have to be physically separated for one year to get a divorce. Of course, the other little trick you can use (which is typically something women do) is goad her into hitting you (make sure you have witnesses) if she does hit you, then file domestic violence charges against her - that is a very cheap and fairly quick way of getting her out as well as long as hitting you wasn't in self defense and is something she chose to do and not something you manufactured. Also, mind you P's and Q's to make sure she doesn't pull that on you. As to your retirement, you are likely the dependent spouse so unless she wants to pay you alimony, you both can likely waive any interest in each others property and just walk away from each other and let that be the end of it. The best thing to do is sit down with her and work out something fair and have that agreement put in writing in a formal separation agreement. If you end up duking things out in court, all you are really doing is paying strangers often quite a bit of money to decide things for you, you and your spouse could have decided yourselves for free. Best of luck.

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Answered on 2/21/18, 6:11 am


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