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... View More

I'm going to operate under the assumption that the word "crime" in your question was a typo and was meant to say "from."

You will need to try and determine what amount of custody he is seeking, and evaluate whether the two of you can come to an agreement on how to... View More

There isn't really a question here, but it sounds like you need to file for custody and let the court sort it out. I have no idea what sort of 'rules' she is making you follow, but there is a good chance that you aren't being treated fairly. You may not have the resources to... View More

Your best bet is to have an attorney review the actual custody order - there is a level of speculation involved when you can't see the order. With that said, you should have control over the day-to-day activities of your son while he is in your custody.

While it is possible to file for the name change now WITHOUT the signature of the father, the process becomes slightly easier after a minor turns 18. And since that is coming up relatively soon, I would suggest that she consider waiting. But again, it is possible to do now although there are some... View More

I'm sure that you would love for there to be a simple and easy answer, but you likely are going to be required to get a "normal" divorce like everyone else, which requires one year of separation. Annulment may be a possibility, but it is only available in very limited circumstances... View More

You absolutely can, and it should have no adverse consequences. I would also encourage you to go ahead and get divorced, as it isn't going to get any easier the more time passes. I would bet that there are many attorneys in your area who would help you with a 'simple' divorce for a... View More

Your case is one that any answer I give is going to be incomplete and somewhat inaccurate, and for that reason I would suggest you consult with a local family law attorney.

I would be shocked if he has a viable alienation of affections claim. He isn't going to be able to rely on any... View More

I'm very sorry to hear about your situation and sympathetic to what you are going through. That said, while you are clear that you can't afford an attorney, I would strongly advise you to at least pay for a consultation to discuss the complicated issues that go into filing a third-party... View More

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.

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.

Assuming there is no custody case that has already been filed, you would need to file for custody in the jurisdiction where the children have lived for the past six (6) months.

Yes, you can file discovery requests to seek relevant information to the case. However, there is no "form" for discovery requests, so it is something you will have to generate yourself (or more likely - pay an attorney to generate).

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

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

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

1. Depends on more facts, but for a snap judgment I'll say probably not. However, burden is on you to establish that proper service hasn't been made. If you don't raise the issue properly with the court, the creditor will likely just proceed on and get what they want. This will... View More

The answer to that depends on the terms (or lack thereof) of your ex-spouse's will. He could have bequeathed his interest in the property to his new wife, in which case both you and she will own a 50% interest. If he died without a will, his interest in the property will pass pursuant to... View More

I dislike these types of questions as it really just calls for speculation when we don't know anything else about the parties, the case, or the judge. So any answer you receive is going to be mostly guesswork. All that said, I could see a judge ordering that the child is to have visitations... View More

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... View More