Q: During a separation can one spouse take the other to court to get money or visitation with kids?
He was on drugs and I put him out. He has taken personal possessions but I refuse to give him money. I know what he’ll do with it. Can he do anything before the year is up?
A: Yes, if there was a marriage, he theoretically can file as a "dependent spouse" for what is called post spousal support. He'd probably need to consult with and pay an attorney to figure this out, however. The pleading requirements are a little complicated. He could also ask for what is known as an "interim distribution," of any of the marital or joint property which is separate property. There are a few other options for him, you might want to keep an eye on. Best to call a lawyer, probably, on this.
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- North Carolina
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A: Yes. He can certainly hire an attorney and sue you before the year is up.
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