Legal Question in Family Law in North Carolina
My husband left my 6 year old son and I. He left while we were on vacation at Disney. Since returning there was a note on the door from the mortgage company. The mortgage has not been paid in 2 or 3 months. The bank will not talk to me because I'm not on the loan. I signed a prenup before we married 8 years ago. He waited until we sent the invitations and then he said if you don't we're not getting married. I had no legal representation. I don't know what to do. HELP!!!
1 Answer from Attorneys
First calm down. You signed the pre-nup and I do not know what it says, but you might be going to be stuck to that as far as equitable distribution, spousal support/alimony goes. It does not matter that you did not have a lawyer. The issues are going to be whether was full disclosure of his assets and whether you had the opportunity to consult with a lawyer. You have a 6 year old son. Is the father your husband? If so, you can sue him for child support as that cannot be waived in a pre-nup.
If you are not on the loan, its actually to your benefit. Your credit will not be affected by him not paying. Stay in the house as long as you can. Where else can you live rent free? Save up and when you can move to something you can afford.
Divorce is cheap, but it is fighting over child custody, equitable distribution, alimony/spousal support that can get expensive. I would see if there are attorneys in your area who will give a freee consult. If not, pay for a 30 minute consult and let the attorney review the pre-nup and give you his or her legal opinion as to whether it will stand up or not. At least you will know even if its not good news. If it can be challenged, then have the attorney challenge it.
If you cannot challenge it, then wait your year and file for divorce on your own or save up and have the lawyer do it for you. They should be able to do it for $500 or less. If you are indigent, there is always Legal Aid.
After you go to the lawyer, go to the child support office for your county and file for child support from the jerk. He still has a duty to support his child so at least you will have that.