Charlotte, NC asked in Divorce for North Carolina

Q: Do I have the right to leave and keep my 16 month old because she is still nursing?

I want to leave safely. This is a intimate partner violence relationship with emotional/ verbal abuse. He refuses to leave. I want to ensure that if I leave the mortgage continues to get paid as it is in my name. Do I have the right to stay because the mortgage is in my name? I have recordings and documentation of his power/control dynamic. Does this suffice a protective order?

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1 Lawyer Answer
David Allan King
David Allan King
  • Raleigh, NC
  • Licensed in North Carolina

A: You are both entitled to live in the marital home, regardless of whose name is on the mortgage, until a court orders otherwise. Emotional abuse is not an actionable legal claim. If there is "marital misconduct", such as violence (or cheating) though, especially if there are medical records, police reports, witnesses, photographs of injuries, etc. you can ask the court to evict your spouse through what's called a "divorce from bed and board".

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