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 »
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.
I have no way to get to north Carolina to petion the court is there anything I can do online
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 »
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.
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... Read more »
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 »
She has primary physical custody. Our order is in Hawaii.
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 »
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 »
answered on Mar 19, 2020
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.
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.
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 »
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 »
I’m the plaintiff needing to find the form to answer defendants counterclaim. Thank you!
answered on Feb 11, 2020
NO, you will need to contact an attorney who is licensed in the state where the action is pending.
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.
answered on Feb 6, 2020
The biological father. Get a paternity test, then have the father file an action to legitimate the child.
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.
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... Read more »
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 »
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.
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,... Read more »
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 »
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... Read more »
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 »
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.
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 »
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
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.
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 »
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 »
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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