Lillington, NC asked in Family Law for North Carolina

Q: Need divorce but spouse won't leave to begin separation. Attorney quotes for Divorce from Bed and Board crazy expensive.

He has been an addict of varying substances for the last 6 years. Proof is no problem. 17 yr. old at home, 4 months away from being 18, but not out of school for another year. Spouse's bs has depleted me financially. He has no job, no license, and nowhere to live, but keeps leaving with my car without permission. I need this to end, but no money for attorneys, and can't find info for what forms are needed to file myself. I can't move out due to the mess this whole thing has created (rental with both on lease-need to re-establish good tenant history, and I pay all bills here anyway). Any guidance would be appreciated!

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1 Lawyer Answer
Amanda Bowden Johnson
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Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: The odds of you successfully drafting the paperwork for a divorce from bed and board let alone getting a judgment in your favor on your own is less than slim and none. Your basic options are either you move out or he moves out. Since likely neither of you can afford an attorney, you have some wiggle room with regard to forcing him about - it may not be quite kosher but there likely won't be squat all he can do about it. So here are some things you can legally do - make life so miserable for him to live there that he leaves, don't give him access to anything especially your car. If he get physically or threatening have a DVPO taken out. That's a classic way to get him out you get a year long restraining order and he can't live with you whether he's on the lease or not. And a DVPO is something you can do on your own. Best of luck.

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