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Questions Answered by James Williams Hart
1 Answer | Asked in Divorce for North Carolina on
Q: How can I get my ex husband to follow through with our vehicle property notice?

While we were separated my ex and I created a vehicle property notice agreement which we both signed and had notarized prior to our divorce. He was to get the car refi'd in his name or sell it and pay the difference on the loan as of 12/5. He has not followed up with his end of the agreement.... Read more »

James Williams Hart
James Williams Hart answered on Dec 21, 2018

If you do not file for equitable distribution prior to having your divorce entered, then you waive the right to have the family court decide this issue. However, since you have a written agreement, you may still be able to seek relief in the form of a breach of contract claim. I would recommend... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: In an uncontested divorce case, where defendant filed no answer, is it unusual not to have a hearing after 3 months?

The waiting period in my divorce case expired nearly 3 months ago. I am the defendant. How long can plaintiff wait before scheduling a hearing?

James Williams Hart
James Williams Hart answered on Dec 21, 2018

I slightly disagree with Amanda. Whether or not you can calendar the case will depend on the rules in your county. You can file an answer agreeing with all the allegations and then file either your own motion for summary summary judgment (which you could calendar since it's your motion) or you file... Read more »

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