Durham, NC asked in Divorce for North Carolina

Q: Divorce If I move out, will I get financial help before the divorce (child support/alimony/ssi). Husband pays for things

Husband works 2 full time jobs and a part-time job. I work part-time from home. Aug marks 11 years of marriage. We have 10 yr old with autism. We rent a townhouse and everything is in his name. Should I move out? If I do, can I get financial help before the actual divorce? I just don't have the finances to care for myself and my son.

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

A: Generally it is best to resolve your marital issues before moving out. The easiest and least expensive way to resolve all your marital issues is to be fair with each other and have your agreements put into a formal written Separation and Property Settlement Agreement. This can be done very affordably - for example, our firm charges a flat rate fee of $250 for most average couples. Of course, this requires your spouse to be reasonable and cooperative with you. If not, your other option is to duke it out in court. This is often very expensive and is basically just hiring strangers to decide things for you that you and your spouse could have decided yourselves for free or at very low cost - all to likely get pretty much the same result in the end. However, if you are the dependent spouse it is possible to request that the court make your spouse pay your attorney fees. So discuss things with your spouse first. If he is agreeable, look into having a Separation Agreement done and you can both save money. If not, consult with a local family law attorney who can review your specific situation in detail and lay out your options for you. Best of luck.

David Allan King agrees with this answer

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