Question:
I am a North Carolina resident. I got married two and a half years ago in a court in Merrillville, Indiana. My wife lived in Portage, IN, and moved to NC on the next day of our marriage. We have two kids, and now she has left my house and staying with her parents. She had signed a prenup, and waived her alimony charges before marriage after consulting her attorney in Indiana. And also waved her rights on the house after marriage. I make 70k a year, and after making monthly bills and mortgage payments, I am left with no savings. My elderly parents live with me, and I am supporting them. If she files for the custody, I am afraid it would be an amount where I would not be able to make payments due to high mortgage, and debt payment. I have tried to sell my house, but due to recent housing market slump, I have not been able to sell it. My wife is staying with her parents right now...she didn't disclose to me before marriage that she had property in her name. She also lied to me and the court that it was her first marriage. I found out that she was previously married and divorced overseas. I am already suffering as I am missing my kids. She also a premarriage collection bill pending which I just came to know. Please advise on what could be the worse case scenario for me. Thanks!
Answer:
Is there a divorce currently pending? Where is your wife living? Is she in Indiana or North Carolina? The proper place to file the divorce is not dependent on where you were married but where you currently reside. If you and your wife reside in N.C. then the divorce should be filed there. If she has returned to IN and lived there for 6 mos then she can file in IN. You should still be able to file in N.C. if nothing has been filed. The laws for each state will differ. Since I am not licensed in N.C. you should also consult an attorney in that state. Under Indiana all property is part of the marital estate. However, if you have a pre-nuptial agreement that will take precedence. Your property should be divided pursuant to the terms of your agreement. As for child support, Indiana does not take expenses or debt into consideration when determining child support. You can use the calculators on dadsdivorce.com to calculate your support. Indiana will use both parties'incomes, daycare expenses, health insurance premiums and amount of parenting time you have with the children. If nothing has been filed yet, I recommend you speak with an attorney about doing so as soon as possible.