Lied on je preformed torts against and hot custody of my daughter snd he is not her father
Can I reach out to my spouse attorney to get the original document so I can record it myself.
answered on Nov 3, 2021
If you also have a separation agreement in place, it will likely specify that your spouse must cooperate with anything reasonable and necessary to effectuate the terms of the agreement. If it is reasonable and necessary to file an original with the register of deeds to effectuate the terms, then... View More 
My divorce consent order specifies I pay a set amount until 1. A specific date 2. Her vehicle is paid off. Does this imply that I have the ability to ask her for a payoff of the vehicle and pay it off early to end alimony? She lied when we added the vehicle condition, stating it was paid off prior... View More
answered on Oct 28, 2021
We don't have much context (or a copy of the order) to be very informed on what the judge intended. However, that seems like a compelling argument to me.
House and the husband keeps the original house with his ex wives name on the deed. My question is quite simple but slightly complicated, does the husband have to wait until the divorce process is over before renting out his house because the name of his house is still on the deed?
answered on Oct 28, 2021
This is a complicated question. Most homes owned by spouses are owend by "tenants in the entirety" which means the spouses do not own a 50% interest - rather each spouse owns the entire property. You are prohibited from selling or refinancing the home without your spouse's consent,... View More
answered on Oct 21, 2021
Without seeing the divorce decree and your deed I cannot give specific advice. You and your ex-wife likely owned the land in tenancy by the entireties in the deed. And when the divorce was finalized that was automatically converted into tenants in common. So you may be a 50% owner of the property... View More
I don’t think he’s using legal counsel. I think he’s using the self help on the 3rd floor in Mecklenburg county court house. He emailed me a updated notary form with my name spelled correctly where I sign but the title page still has my name spelled wrong. Just want to know if this is legit.
answered on Oct 18, 2021
If it's meant for you and you got it, you should answer it. A court would likely deem it a mere inadvertent mistake when considering whether or not service is effective under Rule 4.
answered on Oct 10, 2021
Yes, you can send them interrogatories (questions), requests for admission, and requests for production without having a lawyer. Essentially, you are your own lawyer.
To get disability. I am in NC. I am wanting to know if I could get spousal support or alimony since I'm not able to work to be able to live on my own if I left.
answered on Oct 10, 2021
First, a judge must determine that you are substantially financially dependent on your spouse. If the judge feels you are, they look at 16 factors to determine the duration and amount of monthly alimony payments. You can find the statute related to alimony here:... View More
We have 3 kids together. He wants to get them every other weekend and split holidays but he doesn’t have a license so I’m not sure what to do about him getting the kids.
answered on Oct 10, 2021
You have two options to formalize your custody agreement. One is a custody agreement contract. The other is a consent order from the court. Every divorce, even if no disputes are litigated, is technically a lawsuit. You'd have to start the lawsuit first (read lots of formal legal paperwork),... View More
answered on Jul 2, 2021
You shouldn't need her consent or participation - the only requirement is that you must be separated for one year. No way to speed the process up unfortunately. So after that year is run, you just need to file your divorce, serve her, and then proceed.
She will not talk to me at all, changed phone, won’t even discuss school, health, etc about our remaining minor child. Once COVID protections are lifted our lender will foreclose. She won’t talk but I need to sell. It is best for her and kids as well. I am unemployed for over a year
answered on May 25, 2021
It sounds like you are separated from her. The only way possible would be to file for "equitable distribution" and the Court could enter an Order requiring her to cooperate with the disposal of any marital assets. Otherwise, you cannot force her to sell. You should get an equitable... View More
I was I was supposed to have surgery on both eyes the Monday after he left and I had to put that off and I was considered legally blind
answered on May 20, 2021
Not in North Carolina as you have to wait a year after separation. From the facts you've presented, you can't sue until 9/13/2021.
I know you have to live apart for a year to file for a divorce and live apart to file for custody of children. I’ve been trying for over a year to find someplace to move to, but because of the size of my family no one wants to rent to us, so I’m trying to buy a house but because I’m still... View More
answered on Apr 22, 2021
You can buy a house in your name only, your marital status has nothing to do with it. A bank may not lend you money without your spouse joining but that is completely up to the bank.
Judge wouldn't tell me what form was missing or what i need to do next to finalize the divorce
answered on Mar 15, 2021
I could guess, but without looking at the file I have no idea what form you are missing. You will unfortunately need to consult with a local family law attorney about the status of your case. Perhaps you can just file the correct form and get a new date scheduled.
I can't speak for... View More
the return receipt was not signed by my wife and I went to my court date and the judge gave me another court date, do I have to start the process all over again?
answered on Mar 12, 2021
From these limited facts, it would appear the judge gave you additional time to complete service upon your wife. If she doesn't sign the return receipt then you will not be able to proceed with your lawsuit (because she has not been served). I would recommend you pay the sheriff their $30.00... View More
My soon to be ex wife is taking my son out of state to her parents home where at least 4 people have COVID. Are there any legal routes I can follow if my soon contracts COVID while there?
answered on Mar 5, 2021
If you don't have an existing custody case, I would consider filing one ASAP. If you have an existing case, you may want to file a Motion for Emergency Custody before she leaves alleging that the child will be exposed to a substantial risk of bodily injury. Some judges may agree that such a... View More
He'll tell the real estate agent he is moving out. If he is gone for 30 days and I'm there, I have a right to privacy. He wants to move in with the other woman to sell the house. He was granted possession. The home is jointly owned by myself and him. I can cancel the sale before the 45... View More
answered on Mar 1, 2021
I am answering these questions as if the house is in NC, I am not sure given that your address is listed in VA, if the house is in VA then my answers may be wrong.
If he was granted possession then no you cannot move back in without something terminating his exclusive possession.... View More
We both agreed that he was going to keep the house and will refinance it to remove my name. I still pay the HOA fees and the water bill there.
answered on Feb 19, 2021
Until your husband refinances, imagine that you cosigned the loan. My suggestion to you is that you should not deed your interest to him until he refinances.
Child was born 1/02/2019; accidentally wrote in 2018.
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answered on Feb 11, 2021
It should be corrected - yes. There are several different ways to do this. If you did the divorce yourself, this is one of the prime reasons that is always a very bad idea. Especially considering that the only reason to even consider doing it yourself is to save money and with several NC firms... View More
I moved to NC he decides to take me to court for custody. He gives them my old Philadelphia address not my NC address. Can he take custody? And because he lied and gave an old address knowing my new address is that grounds to move my case to NC?
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answered on Feb 6, 2021
If the children are with you in NC and have been here for at least six months - jurisdiction is likely here in NC unless another court retained jurisdiction. If the father sued for custody in NC but gave an old Philadelphia address for you there would be no benefit to doing that because you... View More
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