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Questions Answered by Adam Bull
3 Answers | Asked in Divorce for North Carolina on
Q: Can a signed agreement between husband and wife be valid before divorce is filed in NC?

In NC you have to separated for 12 months before your considered separated and can file divorce. My wife won’t leave home until we agree on terms. If we draft a document and sign it will it be enforceable once I file for divorce months from now? I don’t want to give her money and property only... Read more »

Adam Bull
Adam Bull answered on Apr 17, 2020

Yes. Separation agreements are valid and recognized in NC. Issues of property division, custody, support can all be dealt with in a separation agreement without having to wait for divorce.

Contact an experienced family law attorney to assist you in drafting an agreement.

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1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: I am having to pay child support for 2 kids that's not my biological kids there in north Carolina and im in Indiana

I have no way to get to north Carolina to petion the court is there anything I can do online

Adam Bull
Adam Bull answered on Apr 9, 2020

Where in NC? you can hire an attorney in NC in the locale of the case and they can file the motion to suspend or terminate support. You would need documentation that you are not the biological parent and even with that there may be issues that bar you from raising paternity as a defense if you... Read more »

2 Answers | Asked in Family Law and Juvenile Law for North Carolina on
Q: My 17 year old daughter thinks that she can hang out with who she wants and stay where she wants to live. I disagree

She thinks she can stay with her dad who is a immigrant. She thinks she can go to whatever school she wants and does not have to follow my rules.

Adam Bull
Adam Bull answered on Apr 5, 2020

She is still a minor under NC law, unless she has filed a petition to emancipate herself, which is difficult to prove and she would have to show she can provide for herself without assistance, has employment, and a place to live, and is not merely a recalcitrant teenager.

At 18 she will...
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1 Answer | Asked in Family Law for North Carolina on
Q: I'm dating a 17 year old and I'm 13. We are in a LDR and nothing sexual is being talked about. Is it ok for us to date?
Adam Bull
Adam Bull answered on Mar 30, 2020

Your are flirting with a problem, no pun intended. It's ok to be friends, but you should draw the line there. It's a ldr as you pointed out. I'd start looking around for someone closer geographically and age wise before progressing too far. Your young and I'm sure have many... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: My ex wife baptized my son without my knowledge or consent. We have Joint Legal custody. Is this contempt?!

She has primary physical custody. Our order is in Hawaii.

Adam Bull
Adam Bull answered on Mar 20, 2020

Probably not. Religion is a deeply personal decision. With joint custody there should have been communication regarding the baptism however i do not think either parent could force it nor prevent it. This is similar to non essential medical care decisions (dental sealant, HPV,). the law presumes... Read more »

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2 Answers | Asked in Divorce for North Carolina on
Q: Hi. My husband and I own our place together. He wants me to leave. We have about $80,000 in equity.

He also has a pension and we both draw SS. He said he might give me about $700 a month. I only make $790 a month from SS. I don't know what to do. He said that if I stay something bad might happen. I have no idea what to do. I was going to ask him for 1/2 the equity..... But I think he... Read more »

Adam Bull
Adam Bull answered on Mar 19, 2020

Mrs. Boone,

Your are entitled to one half of all assets and potentially spousal support and alimony. You should not give in to his threats.

Please contact an experienced family law attorney who can stand up and fight for you in your location to assist you.

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1 Answer | Asked in Family Law and Juvenile Law for North Carolina on
Q: Hi My son is 14 and got his 15 yo girlfriend pregnant- what are his rights- should I hire an attorney-
Adam Bull
Adam Bull answered on Mar 18, 2020

yes, and as a minor he will need to have a guardian ad litem appointed as he cannot contract for himself. usually that would be you as his parent.

2 Answers | Asked in Divorce for North Carolina on
Q: My kids and I moved to NC when I left my X. He is in SC filing divorce paperwork they told him he had to put down they

Live with him or the courts wouldn’t accept it. He won’t even pay child support either. I had already filled out paperwork and all I was asked was if there was a custody battle going on over our children which there isn’t! Don’t have the money to pay for it right now. So I am confused and... Read more »

Adam Bull
Adam Bull answered on Feb 29, 2020

Jurisdiction is appropriate in the State where the children have lawfully resided for the previous 6 months. If you have not been in NC for 6 months, nc does not have jurisdiction. You cannot leave SC and file here if you had been living in SC the last 6 months.

Hire an experienced family...
Read more »

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3 Answers | Asked in Civil Litigation for North Carolina on
Q: Where can I find a “answer to counterclaim” form online to print?

I’m the plaintiff needing to find the form to answer defendants counterclaim. Thank you!

Adam Bull
Adam Bull answered on Feb 29, 2020

You cant there is no form. Hire an attorney to represent you.

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1 Answer | Asked in Family Law for North Carolina on
Q: Can you provide a form RC 1303.03 for me to use in Domestic Support case in Ohio
Adam Bull
Adam Bull answered on Feb 11, 2020

NO, you will need to contact an attorney who is licensed in the state where the action is pending.

1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: I'm pregnant and got divorced then remarried a week later. Who's name will be on the birth certificate?

I divorced my ex, and married my child's biological father. Just wanna know if my current husband (bio dad.) Or previous husband will be listed as father. The laws are pretty vague and confusing.

Adam Bull
Adam Bull answered on Feb 6, 2020

The biological father. Get a paternity test, then have the father file an action to legitimate the child.

1 Answer | Asked in Divorce for North Carolina on
Q: my Soon to be husband gave me money to buy a house can he ask for half during divorce when no papers where drawn up?

My soon to be husband told me to get $20,000 out of our account to buy a house and land for my son. We are now getting divorced can he make me pay half or all of that back. No papers or anything were drawn up saying I had to pay him back! We have not got divorced or legally separated yet.

Adam Bull
Adam Bull answered on Feb 6, 2020

The answer is maybe. If the house remained solely in your name it likely will be separate property. However if there were payments made during the marriage that would be marital. He can also argue for a bigger share of the marital estate to offset his separate property contribution.

Consult...
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2 Answers | Asked in Divorce and Family Law for North Carolina on
Q: Currently going through divorce and pregnant. How can my child's biological father be on the birth certificate?

I'm currently filing for divorce. I've been separated for 2 years, with a new boyfriend and my boyfriend and I are having a baby. How can we get my boyfriends name to be put on the birth certificate instead of my husbands? Do we sign the affidavit at the hospital or do we have to file... Read more »

Adam Bull
Adam Bull answered on Feb 5, 2020

First there is a presumption that your husband is the father until you are divorced. Second, your boyfriend will have to file an action to legitimate child once born. If you are not divorced at that time you will have to notify your husband.

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1 Answer | Asked in Child Support for North Carolina on
Q: How do I get my boyfriend off of Child Support?He was filed for it when I began receiving workfirst. I no longer do.
Adam Bull
Adam Bull answered on Feb 2, 2020

First, if you are receiving any form of public assistance, food stamps, wic, HUD, you cannot terminate child support, because the state is entitled to recover those funds from the father so the taxpayers are not responsible for raising your child.

If you are not receiving any benefits,...
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1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for North Carolina on
Q: Hello I am 16 years old and live wirh my dad and stepmom. My dad stays high and drunk every night when he gets home.

My step mom stays high all day too on any kind of pill she can get and does meth sometimes with her friend while me and my brother babysit her friends kid. My dad has hit me multiple times, he cussed me out and tells me he hates me all the

Time. My step mom is either passed out high or when... Read more »

Adam Bull
Adam Bull answered on Jan 28, 2020

Sorry to hear you are in such a bad situation. You are doing the correct thing and are entitled to a safe and secure home, free from substance abuse and violence. Things you can do:

1) report the activity to your school counselor and resource office.

2) call the Department of...
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1 Answer | Asked in Child Custody for North Carolina on
Q: I am currently separated (2 children of the marriage and 1 not of the marriage) since October 2019.

I asked my husband for a separation several times throughout the course of a yr he always told me no, we needed to work on it. He finally told me that he was NOT leaving the house (we rent) that if I wanted out I would have to leave. I couldn't take it anymore, so I finally packed up told our... Read more »

Adam Bull
Adam Bull answered on Jan 25, 2020

So sorry to hear of your situation. You need to file for custody. I would not worry about claims of abandonment as the law recognizes the need to separate.

Consult an experienced family law attorney to review your matter and address your concerns.

1 Answer | Asked in Child Support for North Carolina on
Q: I am a non custodial parent and have recently done a paternity test and it was 99.9% that I’m the father, I am getting

SSI. I don’t even make enough to cover my own bills much less pay child support, also have 2 other children and one on the way. So would I still be required to pay child support and how would that work? The number of children must be relevant because the child support calculator asks for number... Read more »

Adam Bull
Adam Bull answered on Jan 25, 2020

So this is your third, or fourth child?? Child support is based upon your income and the mothers income. The child may receive some partial benefit based upon your SSI. But to answer your question, having more children does not reduce your obligation to financially support your children

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: My son is incarcerated and just received papers that the mother is going for custody.

Papers say he has no contact with his son. He talks to him several times a week. And the mother. Is there any help for him as I am in Texas and do not have the resources to help him with legal aid. The papers also say he never contacts his son which is untrue.

Adam Bull
Adam Bull answered on Jan 23, 2020

If he is in custody he cannot have visits with his child. It is unlikely a court would do anything other than award the other parent custody.

If she is seeking to terminate his parental rights that's another issue with many factors.

Consult a local experienced family law...
Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for North Carolina on
Q: My brother is in probate sister removed as mom's guardian. Can I enter the case so I can give the judge a proposal?

My brother has been in court for 2 years to try to get my sister removed as Mom's guardian. He has kept me out of the process to care for my parents and my sister is against all of us. I want to enter the case to give the judge a proposal to just remove all siblings from the parents care.... Read more »

Adam Bull
Adam Bull answered on Jan 23, 2020

You can file a motion to have the guardian removed and seek the appointment of a neutral guardian, or you have the right to appear at any hearing and present your testimony in support of your brothers motion.

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