Legal Question in Family Law in North Carolina

Re: Separation rights

At least this was a short-term situation which did not involve children.

She "filed separation papers" may be a bluff or not. I know it is

a shock but people in domestic situations do bluff

and lie about what legal steps they have taken.

If she has filed a divorce from bed and board that

may ask that the couple live separate and apart and may further contain requst

that the court grant her sole possession of the mobile

home. In NC she cannot get an absolute divorce until one year

has elapsed. Possible she could try for an annullment if the union

remained unconsummated but that is very rare here.

Consult lawyer about whether your son gained any realistic

property rights under equitable distribution under a theory

that the prior separate real property may have

been converted in some proportion to marital property.

Your son has aright to be served with any legal process. Until

he gets the papers he should retain his rights to file response.

Caution- if there is any hint of domestic violence would she

consider an ex parte domestic violence order and ask a judge

to remove him? Good luck in a difficult situation. DG