Q: Is it appropriate to file 12B6 in a divorce from bread and board? Filed for PSCS but still living in the home w/chldrn
She filed for divorce from post separation child support and divorce from bed and board but she is still living at home with the children and I am providing all the support. So what am I going to pay for? Can I file motion to dismiss Post separate child support and jury duty for divorce hearing? I consultant two attorney - one said file 12B6 for motion to dismiss since there is nothing to support and jury for divorce hearing and leave the case open for discovery. Another one saying 12b6 is inappropriate since divorce from B&B is filed so offer 50/50 child custody and no support. So wondering what are your thoughts. Divorced was filed based on emotional abuse, no physical, adultery or drugs/alcohol involved.
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- North Carolina
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A: You need an attorney, as how you are describing things makes no sense. If your are living together and she has filed a divorce from bed and board - she is essentially asking the court to kick you out. And if you don't hire an attorney ASAP she may very well prevail.
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