Lawyers, Answer Questions  & Get Points Log In
North Carolina Divorce Questions & Answers
1 Answer | Asked in Divorce for North Carolina on
Q: Does a complaint for absolute divorce have to be amended if the date of birth of a minor child was incorrectly put in?

Child was born 1/02/2019; accidentally wrote in 2018.

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson
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... Read more »

1 Answer | Asked in Child Custody and Divorce for North Carolina on
Q: I lived in Philadelphia up until March 2020. my sons father took me to court for custody plenty of times he was denied.

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?

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson
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... Read more »

1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: Both parents are on the deed. They are divorced but father dies, I'm the only heir, does my mother have rights to home?

In the divorce decree it states, she will sign over at will. No where in the decree that it states is she entitled to or awarded to the estate. She doesn't live in the country and she's not a citizen of the United States.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Feb 3, 2021

This is a cop-out of an answer, but you would need to speak to local real estate attorney on this issue, as they would need to look at the specific language on the deed and the divorce filings. I'm not sure there is an easy answer with mom being out of the country (her citizenship status... Read more »

1 Answer | Asked in Child Custody and Divorce for North Carolina on
Q: How can I legally leave the USA with my son if I want to divorce my husband and want to move back to my home country ?

Im currently thinking about divorcing my husband but I’m worried that if I do he will take back his permission to move back to Germany with our son like he and I agreed on I don’t have anything in written or notarized but I’m kinda curious what rights I have and what would be important to... Read more »

David Allan King
David Allan King
answered on Jan 21, 2021

In North Carolina, spousal and custody agreements have to be in writing and notarized. For custody matters, the court can ignore any agreement you make regarding custody if they feel that's in the best interests of the child. Typically, you also have to disclose all material facts (like your... Read more »

1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for North Carolina on
Q: I'm trying to find pro bono legal support for a friend experiencing an alcoholic/abusive husband. Location: 28117

Mooresville, NC location. Couple has one son together, 13 years old. They own a home in husband's name. She owns her own business. They have 2 dogs and 2 cars.

David Allan King
David Allan King
answered on Jan 21, 2021

I'm not clear what the question is. There are some pro bono programs for domestic abuse victims. They usually focus on restraining orders and the like, rather than property and divorce. They also usually have more cases than they have resources to handle.

1 Answer | Asked in Divorce for North Carolina on
Q: What does mutual release of property rights within a legal separation agreement mean?
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Jan 18, 2021

A common answer to any legal question is that "it depends," but that is particularly true here where I don't have access to the specific language you are referencing. Depending on the actual language used, it might mean that both parties are releasing (waiving) any other claims they... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Military Law for North Carolina on
Q: 100% disabled veteran. Him and wife divorce. They have 1 kid and a house. Is she entitled to his disability if divorce.

He had been getting 100% military disability before they married.

Paul Ylvisaker
Paul Ylvisaker
answered on Jan 4, 2021

No. By federal law is not divisible or an asset of the marriage to be divided. However, the income can be used in calculating child support in most states.

1 Answer | Asked in Divorce and Estate Planning for North Carolina on
Q: Divorce my elderly husband but still taking care of him

I am much younger than my husband and we have not been actual husband and wife for many years although we were never divorced. I wouldn’t mind taking care of him but need to divorce him now so I can seek other life partner. What would be your best recommendation? He is in North Carolina and I am... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Dec 23, 2020

If you are at all concerned about the liability of your assets for the payment of your husband’s long term care you should consult with an elder law attorney in the state where he is likely to receive the care. It is not clear which state that is. The laws of the states of California and North... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: Anything that can be legally done if a spouse is working but not contributing or helping with household expenses?

My husband is working full time but claims to not have money for bills and household needs. Is there something I can do since he isn't helping financially?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Dec 21, 2020

Legally done? No, there isn't a way you can legally force your spouse to contribute to the household bills. He can't force you to do anything, and you can't force him to do anything.

You are on a site full of divorce attorneys, so perhaps you'll receive some feedback...
Read more »

3 Answers | Asked in Divorce for North Carolina on
Q: what would an attorney advise if you are considering a divorce and wanting to move out?

My husband spoke to an attorney and wanted to understand his rights and what he would need to do to start the separation process. Could he move out and it not be considered abandonment? I guess I'm trying to find out if he would have been advised to not leave the house and to do other steps first?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Dec 21, 2020

I'm not going to speculate on what some other attorney may or may not have told your husband, but I can say that "abandonment" isn't a distinct legal claim and is usually not something I spend a lot of time talking about with clients who have yet to separate. Abandonment might... Read more »

View More Answers

1 Answer | Asked in Divorce for North Carolina on
Q: My spouse filed a DBB against me.We have been physically separated for 1 year and 4 mo. Can I file an absolute divorce?

I moved out July 27 of 2019, I have paid for everything at the house and paid her monthly for our son. I would like to know if I can essentially counter file against her for absolute divorce instead of the DBB, as far as I understand it a DBB gives us another year of legal separation where I have... Read more »

Melissa Averett
Melissa Averett
answered on Dec 20, 2020

Divorce from Bed and board in no way tolls the one year separation for eligibility for divorce. You can absolutely countersue for an absolute divorce and schedule it as soon as legally possible. But more importantly what you need to do is consult with an attorney in your area regarding your options.

1 Answer | Asked in Divorce for North Carolina on
Q: Is it legal in NC to change vehicle locks to keep the co-owner from having access to it?

We are not married but my boyfriend and I have split up. His truck is in both of our names as Co-owners. He says he is going to change the locks so that I cannot take the truck anywhere.

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson
answered on Dec 3, 2020

If he wants to waste a hundred bucks or more - let him. Of course, you can simply take him to court and likely force him to give you access since you are a co-owner. However, likely the best option is for him to buy you out and you sign over your interest in the truck to him. If you opt to do... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: Okay I have been a stay at home mom for 20 years my husband makes the money but we are talking divorce and he is saying

How he will leave me with nothing take out all cash stop paying phones WiFi which my kids use for school can he take it he says he will leave us with nothing no food nothing

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson
answered on Dec 2, 2020

My experience with men like you have described is once I punch them in the wallet good and proper one or two times they all of a sudden miraculously want to stop being jerks and want to be reasonable (this is especially true if they are military). So do not let him intimidate you with his... Read more »

View More Answers

1 Answer | Asked in Divorce for North Carolina on
Q: is it ok for a husband to take the keys out of car of wife in north carolina

It is registered in his name, but it is the vehicle I drive. I have no way to leave the house

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson
answered on Dec 1, 2020

'OK' is a matter of subjective opinion - some people will say it is totally cool and others that it is a douchey thing for him to have done (unless he had good cause such as preventing you from driving drunk). However, if what you are really asking is whether he can do it without getting... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: If you’re behind on child support payments, can the custodial parent take away my visitation?

My hours have been reduced due to covid and I am struggling to pay the full amount of child support. I’ve communicated this and have been paying what I can monthly as well as continuing to pay medical insurance for him.

Technically, I am behind in the monthly amount, and need to have my... Read more »

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson
answered on Dec 1, 2020

Non-payment of child support is not grounds to withhold visitation. However, if she is seeking a protective order and has legitimate grounds to do so then that would potentially be grounds to withhold visitation but she would have to have a legitimate and reasonable fear for the safety of herself... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: In NC, can I be sued for alienation of affection? I had an affair with a married man

He was very unhappy, and we met on a dating site. I did not know he was married until I had already developed feelings for him. Can his wife sue me if I was not the cause of the problems? They separated soon after we met and are getting a divorce now. He was unhappy for a long time before me, but... Read more »

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson
answered on Nov 16, 2020

Can she sue you - yes. However, based on your description her odds of winning a likely less than slim and none. She would need to prove you purposely or at least knowingly broke up what was otherwise a happy marriage. So you likely have nothing to worry about. The other thing is if you are like... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for North Carolina on
Q: If I move out of the home I live in with my husband to seperate, can I take our children with me? Buy a home myself?

Would he be entitled to the home I bought for myself and children while we were seperated waiting the one year to get a divorce? Should i get a custody agreement in court first before moving out? Can he get me for failing to continue to pay HIS mortgage after I leave? My name is on deed not... Read more »

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson
answered on Nov 14, 2020

It would be best to have a formal written Separation Agreement done before you move. If you can be fair with each other, all of your marital issues (including child related issues of custody, visitation and support) can be resolved for a flat rate fee of around $250 for most average couples. If... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: Wife and I are separating. I have a loan in my name alone, got while married, are we both responsible for the loan?

The wife and I are currently separated and wife drew up some standard separation papers from the internet and not through a lawyer. The wife and I got a loan one year ago to help with bill. The loan is only in my (husbands name) because i had better credit at the time. We both were knowledgeable... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Nov 11, 2020

I am not licensed to practice law in Florida, so if you reside there, you should get a Florida attorney.

That caveat aside, the loan IS marital property and should have been accounted for in the settlement of your equitable distribution (property division) claim. However, the creditor (the...
Read more »

View More Answers

1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: My husband and I are separating and the house we rent is on a month-to-month lease in both of our names. My husband has

rented another house in just his name and I want to sign our current lease in my name. Does he have any rights to the rental because we are married i.e his family comes on property and I don't want them there, or he comes on property and I don't want him there.

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson
answered on Nov 6, 2020

If the lease is put in just your name, you would control who can and can not come on to the property. Also, in a separation situation and under certain circumstances North Carolina's Domestic Criminal Trespass law may apply to yur spouse. Here is the statute: § 14-134.3. Domestic criminal... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: Ex is behind in child support and take our child 6 weeks out of the year. Can those months be added as money owed me?

Ex is behind $14,000 per our divorce decree and never took any of his visitation.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Oct 28, 2020

I'm not sure I quite understand the question, but will point out that child support and the rights of the non-custodial parent to see the child aren't connected. They are handled on completely different paths.

To the extent he isn't paying, any efforts on your part to have...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.