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... View More

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... View More

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... View More

Your husband is entitled to:

(Home's current value - home's date of separation mortgage debt) / 2

That is, presuming (a) you didn't sign a separation agreement to the contrary (b) you lived in the home rent-free while paying the mortgage (c) the mortgage payments you... View More

So long as the sex/dating occurs after the "separation date", you are free to do as you please with no adverse consequences. The separation date is the day one of the spouses moved out of the marital home intending the separation be permanent (for you, that was 5-6 years ago).... View More

I'm not aware of any probono divorce lawyers, if that is what the question is asking about. There are pro bono programs for domestic abuse victims, but they usually stick to getting a restraining order and do not touch the divorce items.

While rare, there are some law firms that work... View More

This is something you need to hire a lawyer for.

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

As Ben notes, you can go to court to force a sale and split the proceeds. However, you can also just ask if your spouse will sell the house they can no longer afford voluntarily (noting that if they don't either you or the bank will evict them). If you've been separated two years, than... View More

From North Carolina's Statute § 95-25.7 (the Wage and Hour Act)

Payment to separated employees.

Employees whose employment is discontinued for any reason shall be paid all wages due on or before the next regular payday either through the regular pay channels or by mail if... View More

There is no clear answer to this question, as it basically depends on whether a judge/jury believes you not getting the promotion was because of a good faith complaint.

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.

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

Funko does not have a monopoly over the concept of a crown. However, you may have problems if your crown is similar enough to create confusion in the marketplace as to whether you are affiliated with Funko or if it looks like a copy/paste of their art. Merely re-creating, rather than copy/pasting,... View More

The court determines matters of custody based on whatever they feel is in the child's best interest under the totality of the circumstances. The father not being involved in the child's life for eight years would certainly be one factor a judge would weigh, but doesn't guarantee anything.

I would expect the executor of the estate to enforce the divorce judgment on the decedent's behalf. Typically, the executor is allowed to all things the executor would be allowed to do, were they still alive.

Yes, you can send them interrogatories (questions), requests for admission, and requests for production without having a lawyer. Essentially, you are your own lawyer.

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

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

It depends. Usually folks hire a lawyer if either (a) it's a major ticket like a DUI or (b) it's a minor ticket that will effect their insurance or license, because of prior strikes. If it's your first ticket, it's a minor ticket, it falls under your insurer's forgiveness... View More