If you donate these funds in the marital estate to charity, your Husband can get a judgment against you for 50% of that amount. Speak with with a local family law attorney taking any action. There are other ways to protect yourself and deal with this decision.
You need to wait one year and one day after separation before filing for absolute divorce. After filing a Complaint and Summons, your spouse needs to be served with a copy.
The grounds for annulment are very narrow. They include bigamy, one of the parties was not of the legal age, impotency and a few others.
I recommend that you speak with a family law attorney to review your legal options. He does not need to prove fault to file for and finalize an Absolute Divorce. However, as Amanda suggested, if you have property together, children and/or an income differential, you should consider addressing these matters first.
Although not all examples of marital misconduct are created equal, your spouse did not do himself any favors by kicking you out of the house. Speak with an attorney in your district promptly so you can formulate a plan to maintain contact with your daughter and, at minimum, coordinate regular visitation. Even if your spouse is upset with you, your daughter needs you.
In North Carolina, Judges do not sign Separation Agreements. You may be referring to a Consent Order or a Separation Agreement that was incorporated into your Divorce Judgment. Depending on the situation, you should speak with an attorney in North Carolina quickly if you wish to amend the document delivered to the Court.
Our office schedules phone and office consultations to review cases concerning North Carolina legal issues. This answer does not establish an attorney-client relationship...
You should not have pay child support for the time that you remarried your spouse and were living with your spouse. Unless you are separated, you should not have to pay child support. Contact an attorney.
Our office schedules phone and office consultations to review cases concerning North Carolina legal issues. This answer does not establish an attorney-client relationship but is a response to a hypothetical scenario and should not be construed as legal advice.
Speak with a family law attorney as your situation is unfortunate but not uncommon. I don't believe that your separation will be considered abandonment and used against you in your case. I am glad that you are receiving support and good luck to you.