You want a divorce, but your spouse goes off the rails when you tell them. They say that you will be sorry if you file and that it will be the biggest mistake of your life.
Some people take a divorce request badly and come out with all sorts of menacing comments. Should you worry about the threats they make? Here are two examples of what an angry spouse might threaten you with:
You are such a lousy parent, you will never see your kids again
Unless you are a really bad parent, this is unlikely to ever happen. Bad in a court’s eyes does not mean forgetting to give the kids lunch money for school or rolling home from after-work drinks a little tipsy once in a while to find the kids already asleep. It means harming your child or putting them in danger.
Courts consider it is generally in the child’s best interest to see both parents regularly. Even if a judge found the child is better off living with your spouse, you would still get visitation rights unless even that is too dangerous for your child. Even if you have major addiction issues, you can usually still get to see your kids, even if someone else has to be present.
I’ll make sure you have nothing if you take my kids away from me
North Carolina courts work on the theory of equitable distribution when dividing property in a divorce. Leaving one person with absolutely nothing is not equitable so is not going to happen. If the court awards you the majority of custody, they will take that into account and likely give you a greater share of assets. Courts can also order your spouse to pay child support.
People can say a lot of nasty things in a divorce. Instead of losing sleep over them, seek legal help to understand how a court will view divorce and custody arrangements.