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Questions Answered by Mr. Albert Loch Saslow
1 Answer | Asked in Family Law for North Carolina on
Q: What should get added to a prenup if you bring a child from a previous marriage?
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Sep 20, 2022

Unfortunately, you likely aren't going to get a clear answer on this type of forum. I would highly suggest that you DON'T try and handle your pre-nup on your own, and instead at least consult with a local family law attorney. I will say that the pre-nup might not have much that is... Read more »

1 Answer | Asked in Divorce and Child Support for North Carolina on
Q: Can I apply for child support from spouse after getting separated for 2 years, without getting a divorce?

My spouse and I have been separated for 2 years, can I get a court order for child support for our 4 year old child without applying for a divorce?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Sep 12, 2022

Sure. There is no requirement that both actions are handled together. However, I do question why you haven't been divorced yet. Many family law attorneys offer a "flat-fee" divorce package that isn't too expensive. Alternatively, you can attempt to file it yourself.

1 Answer | Asked in Divorce for North Carolina on
Q: Me and my wife are separated in NC. Would it look bad on me if another women moved in with me during the separation?
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Aug 1, 2022

Wouldn't be great, but it largely depends on what claims are being raised, and on additional facts (how long have you been separated, did you know this person before you separated). If there is some suspicion that you were being unfaithful on your spouse, this new person moving in will... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: What do I do if my sons father wants to break our custody agreement and I have primary custody
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Jul 26, 2022

Your options depend on whether you have a "custody agreement" or a "custody order." If you merely have a "custody agreement," it is likely not an order of the court, and you could not hold your husband in contempt of court if he acted contrary to the terms. On the... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: Do we wait to do a house-buyout when the divorce is final or can we do it at the start of our year long separation?
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on May 31, 2022

You can do it anytime - if the parties agree then it is the best practice to go ahead and get the full agreement in writing and have it formally executed (a Separation Agreement). Then you can just wait for the one year and someone can file for divorce.

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1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: I have a question about kids and visitation with ex husband.

I asked my ex-husband if he could watch our two kids on July 13 when I go out of town for work (a day trip). He told me no, that he would do nothing extra. He will only see them every other weekend and every other Thursday for dinner. I asked about his two weeks in the summer that is in the child... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on May 25, 2022

No, there really isn't.

The court CAN'T make someone care more about their children, or want to have additional time with them. I suppose it is possible that you could rework your custody schedule so that he has 124 overnights per year (which would change his child support...
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1 Answer | Asked in Child Custody for North Carolina on
Q: Do grandparents get rights in North Carolina?

I have a 13 month old baby girl. Her dad and I recently separated. He is threatening to take me to court so that his dad and stepmom can have rights to our baby. I don’t want my baby anyone near those people and they have disrespected me in so many ways. I’m not keep her away from her dad... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on May 23, 2022

A typical custody order that gives one parent "x" amount of custodial time and the other parent "y" amount of custodial time does NOT have any restrictions about what each parent can do with their respective time. So there is always the real chance that the other parent will... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: I am currently trying to settle equitable distribution on my divorce. Our major asset is the home.

My husband is allowing me to buy him out. All assets, including the home, value was determined based on date of separation. I paid for the date of separation home appraisal, as instructed to by my lawyer. Now with the home prices fluctuating, the value of the home is being challenged by my... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on May 2, 2022

It would seem that these questions should be directed to your current attorney. That said, if I was representing your husband I would certainly make sure that your buyout reflected the current value of the home.

The gain in value of the home since the date of separation (through passive...
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2 Answers | Asked in Family Law and Probate for North Carolina on
Q: My sister and I own a house in North Carolina. My sister passed away. Do her children have any ownership in house.
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Apr 29, 2022

Mr. Avery already accurately answered your question. As he indicated, the rights of your nieces/nephews is going to depend on the exact wording of the deed. It is possible that you own the house outright, but equally possible that you now share it with her kids. Pay for a brief consultation with... Read more »

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1 Answer | Asked in Divorce for North Carolina on
Q: If in my divorce decree if it states , plantiff understands that she is forever discharging any claim against defendant

Or any equitable distribution or martial property by obtaining the divorce prayed herein, can she come back now and make me sale my house and give her half?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Apr 27, 2022

They shouldn't be able to, unless her name is also on the deed. From your question, you indicate that is it "my" house so it doesn't seem like she is an actual owner.

1 Answer | Asked in Family Law for North Carolina on
Q: In NC you get half of your spouse’s 401k up yo the current date. I have been separated for 17 months.

If my husband is willing to give me half of his 401k currently not date of separation can he do so?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Apr 7, 2022

You can agree to any sort of division - whether such a division or more or less than what a court would do by following the statutes. So long as y'all are happy with it, then you can be as creative as you want. Obviously you will want to make sure that the paperwork is property drawn up and... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: In state of nc I am separated for 17 months now. Can I only get half of assets before date of separation?

Can I fight for half of everything to the date we file separation agreement? Specifically everything in our joint bank account and current amount in my spouses 401k.

I have not worked in 16 years am not currently working and would like half of 401k currently not 17 months ago

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Apr 4, 2022

Decent bit to unpack here.

You used the term "separation agreement," but also mentioned that you would "file" this document. A separation agreement is a contract between spouses, and typically isn't filed with the court. As it is a contract, the parties can agree...
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1 Answer | Asked in Divorce for North Carolina on
Q: It it possible to withdraw my claim for equitable distribution?

My spouse was already been served, so will my spouse have to agree to have the claim withdrawn?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Mar 11, 2022

Your spouse plays no role in your decision whether you want to voluntarily dismiss your ED claim. No consent is needed. That said, if your spouse files a counterclaim for ED, then it doesn't matter what you do with your claim. There just needs to be one claim pending.

1 Answer | Asked in Divorce for North Carolina on
Q: Husband and I meet rules for divorce. Can lawyer file uncontested divorce claim in any county or where I live?

I have heard claim must be filed in the County you live, is this true or can any attorney do it anywhere in NC?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Mar 10, 2022

It can be in any county, although the other side could theoretically attempt to have it moved to a more proper venue. I've filed plenty in 'my' county when both parties live somewhere else.

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Can my ex-husband dictate who I date and have around my children?

My ex-husband and I officially divorced in January of 2022. We have two children, aged 10 and almost 5. He's gone from being a very cooperative co-parent to a unreasonable co-parent in a matter of 2 weeks. He is now trying to tell me that my children are not allowed at my house because I live... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Mar 8, 2022

Is there a custody order? Without a custody order explicitly barring either party from exposing the minor children to persons you are dating, there shouldn't be anything stopping you from dating who you want to date and acting in the manner you seem to do doing. That said, there does need to... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: Child custody. Currently a every other week court ordered agreement but other parent disappears frequently.

We current have an every other week schedule but other parent hasn’t been able to uphold this agreement so I have taken care of the weekly and now they have disappeared multiple weekends and been unable to be contacted or located. Do I have a case to get full custody with limited/supervised... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Mar 7, 2022

Of course you should consider consulting with a local family law attorney for a better answer, but you likely do have grounds to seek to modify the existing custody order. Despite his recent behavior, I would imagine that a judge thinks this person should still have some contact with their child,... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: My husband and I have emergency custody of his daughter. Mom wants to take her out to dinner. Should we allow this?

My step-daughter's biological mother was in a bad relationship, got arrested, has done drugs, wrecked her car, threatened to harm herself, and we have had emergency custody since mid-January. Mom is out of jail, and has moved out of the home she shared with her husband. Should we allow her... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Feb 8, 2022

It is difficult if not impossible to accurately answer this question without a full consultation. That said, I wonder what you are thinking "full" custody actually is, and how realistic it is that you will get it. Mom may not have a strong custody claim, but it seems like she wants to... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: Can you file for a legal separation in NC with the clerk of court?

My husband wants to file seperation papers legally. It's my understanding that separation papers are not filed on record but are signed by both parties and witnessed by a member of the court.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Feb 1, 2022

While it is a common misconception, there really isn't something called 'separation papers,' and you don't need any such papers to become legally separated. Some couples negotiate a contract between themselves that settles issues they may have (property division, spousal... Read more »

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: is it legal for my parents to keep me at home until i graduate even though i will already be 18

i will be 18 in december and i want to move out but i will still have 1 year of high school left. my parents told me i couldnt move out till i graduate. do they have the right to keep me from moving out until i graduate even tho i will already be 18.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Jan 24, 2022

You legally can move out since you are 18, but if you do, your parents could easily stop supporting you, so this is a decision you will have to think carefully about.

1 Answer | Asked in Family Law for North Carolina on
Q: What do I do if my ex spouse is not upholding his separation agreement
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Jan 11, 2022

It will depend on the exact terms contained in the Separation Agreement, but you would likely sue this person for a breach of contact (the agreement itself). Your agreement should have specific language setting forth what the remedy for breach is, and whether you would be entitled to recover any... Read more »

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