Legal Question in Family Law in North Carolina
Separation rights
My son recently married. They had lived together for 6 weeks at the house he was renting. They decided to move into her trailer to avoid paying rent. The trailer belongs to her, but the land belongs to her father. They lived here for approx 2 months before getting married. After about 6 weeks of marriage, she decided she had made a mistake and left. (this was about 3 weeks ago). 2 weeks ago, she told my son she wanted him to move out. She asys she has filed separation papers (a week ago), but has not shown them to my son. What rights does my son have? Do they have to give him a certain amount of time to move out?
1 Answer from Attorneys
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