We have been separated since 2020 and both entered different relationships. My ex wife got pregnant in 2021 by a man and gave birth early 2022. We were finally able to be divorced on 2/2023 but now she is trying to file child support against me. How is this even possible? Could she have legally... Read more »
answered on Mar 31, 2023
In North Carolina, when a woman gives birth to a child while married to a man, the man is legally the father of the child. It doesn't matter that the man and the woman are separated, only whether they were legally married. A man who doesn't believe he is the biological father of the child... Read more »
My husband filed for the divorce and originally I did not contest it. A court date was scheduled for January 31,2022 and the divorce was not granted because I was not properly served. I now feel like I should contest the divorce, but I don’t know if I still have the opportunity to.
answered on Jan 19, 2023
In North Carolina the requirement for divorce is that parties must have lived separate and apart except in rare circumstances. It requires that only one party needs to have had the intent to live separate and apart. To contest the divorce you would need to show you have not lived separate and... Read more »
Wife discovered she is gay. She has a girlfriend and wants to divorce. We have three kids. I understand and am fine paying the child support. However, am I obligated to pay spousal support?
answered on Jan 6, 2023
It all depends on a lot of factors. Based on the facts you've given, the answer is not a definite YES or NO. Consult with an experienced family law attorney, so they can ask you a series of questions, and based on your answers, more questions, and based on your answers, you can get a more... Read more »
He used marital funds to purchase equipment for the business, and I have copies of the checks verifying that. On the financial affidavit, he claims that the business started after separation and he used his own money. Can I use the checks to verify that his business started before separation? Is... Read more »
answered on Oct 11, 2022
Seems like the answer could depend on when the business entity (if there is one) was actually formed. If it wasn't formed (created) with the Secretary of State until after you separated, then there is an argument that the business wasn't marital. However, if that is the case, then you... Read more »
answered on Oct 3, 2022
Until the divorce is finalized your wife has an interest in the property and would have to sign any deed.
we’ve been separated 12 years. not divorced. she went to the registrar of deeds with a new deed with his and her name on it. my name is there without a signature. they recorded it. is it legal? did i lose my land?
answered on Sep 23, 2022
I would have to review the deed. He may have just conveyed his portion, but if he also tried to convey your portion then fraud was committed, and you should contact the local law enforcement.
We bought a home for cash in NC 7 years ago with proceeds from sale of home in VA, paid off by my husband’s parents estate. Separated since January when I left for a job across the country. He listed the house in late July and we have a buyer and contract, which he just decided not to honor.... Read more »
answered on Sep 14, 2022
I would need to review the deed to the house to give a definite answer.
However, it is likely that the house is in both your names and you and he own it as tenants in common. He is allowed to live there rent-free, but he is responsible for 50% of all expenses, taxes, utilities, hoa fees,... Read more »
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?
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.
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 »
answered on Jun 3, 2022
In theory, if there is no property, alimony, debt, children, etc. to argue over, one spouse would move out and you'd file for divorce after one year of living in separate homes.
In practice, many spouses claim they have no property and this is never the case. Almost everyone has at... Read more »
I want to leave safely. This is a intimate partner violence relationship with emotional/ verbal abuse. He refuses to leave. I want to ensure that if I leave the mortgage continues to get paid as it is in my name. Do I have the right to stay because the mortgage is in my name? I have recordings and... Read more »
answered on Jun 3, 2022
You are both entitled to live in the marital home, regardless of whose name is on the mortgage, until a court orders otherwise. Emotional abuse is not an actionable legal claim. If there is "marital misconduct", such as violence (or cheating) though, especially if there are medical... Read more »
Or do I serve him with court documents for a Uncontested Divorce?
answered on Jun 3, 2022
I typically attach a copy of the separation agreement at the end of the initial divorce filings as an FYI. However, most separation agreements are private contracts between the spouses that do not involve the court directly. That is, unless your agreement requires "incorporation" or the... Read more »
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.
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 »
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... Read more »
My conditional GC expires in December this year and I would need to remove the conditions 90 days before it. We have been married since almost 3 years and the marriage certainly was in good faith and we both hoped this will last forever.
However, since past year the marriage has been going... Read more »
answered on Apr 28, 2022
It would be best if you were divorced by the time you have to apply to remove the condition or soon thereafter. There is language that can be used as part of the divorce to improve the chances of your removal of condition being granted so I would recommend you consult with a family law attorney who... Read more »
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?
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.
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
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... Read more »
My spouse was already been served, so will my spouse have to agree to have the claim withdrawn?
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.
I have heard claim must be filed in the County you live, is this true or can any attorney do it anywhere in NC?
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.
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.
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 »
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