If my wife is leaving me what are my options regarding custody and property rights?

UPDATED: Jan 29, 2011

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If my wife is leaving me what are my options regarding custody and property rights?

She pays the mortgage; I pay for everything else. I’m collecting unemployment currently so can’t afford the mortgage. She makes about $80,000 yearly. We have 2 kids. The oldest child is 16; she’s staying with me. My wife said that she was taking my youngest.

Asked on January 29, 2011 under Family Law, North Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your situation.   North Carolina is an equitable distribution state, meaning that assets are divided equitably and not necessarily equally.  Many factors are taken in to account and you really need to speak with an attorney to discuss the specifics of your case.  Generally property purchased prior to the marriage is separate property and property purchased during the marriage is marital property.  Custody is determined in the best interest of the child.  North Carolina will allow parties to agree as to the custody issues involving the children so long as again, the best interest of the children are found.  As for support, North Carolina uses the Income Shares Model.  You may want to consider asking for temporary spousal support here until such time as you get back on your feet.  Good luck to you.

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