Legal Question in Family Law in North Carolina

i went through a nasty divorce in NC where everything belong to me before marriage & during marriage all credit debt everything went into my name. my husband had an affair after 4yrs of marriage & judge through out alimony claiming we weren't married long enough. then judge split my property up with him for example...i bought a van 2 1/2yrs before marriage for my business. i financed everything for his business in my name as well as paying with my own cash. we got married then i bought another van for his business while we were married. both vans where mine & in my name. the van i bought while we were married for his business was for his work as well as placing a blow box for 2nd DWI so he could run his business, i funded as well as set up. judge awarded him all equipment for his business as well, then said the van i bought 2 1/2yrs before marriage was marital & awarded to him & the van i bought while we were married was "not" marital & awarded to me. so i refused to give him most of the stuff specially not "my" van. a dollar amount was placed on everything along with his attorney's fee's in the amount of $14,000 and i was given 60 days to pay in full. well i didn't have it to pay & i stood my ground in the fact i felt wronged so i refused to pay. a warrant for my arrest was filled my ex hired a PI to follow me to have me arrested. i was arrested with my bond being $14,000. after going to court 3 times & being held in custody for 41 days the judge finally let me go. so my brother researched & found something in NC law or constitution or somewhere that in Dec 1776 that a person shall not be imprisoned due to debt unless it is for fraudulent debt. so my question is were my rights violated by being detained for 41 days for debt to my ex for property value from a divorce? what can i or should i do?


Asked on 10/16/12, 11:25 am

1 Answer from Attorneys

It appears you were put in jail for violating a Court Order not for failing to pay a debt - its a subtle distinction but does not violate your rights. At this point, you would need to consult a family law attorney in your area (something you shoud have done before it got to this point) to see if there is anything that can be done.

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Answered on 10/16/12, 5:20 pm


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