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I’ve been living apart from my wife for a month now with the intentions of getting a divorce. I want to purchase a home, but she won’t sign a free trader agreement. She’s doing this for no other reason than she’s mad. We have no other monies, assets, or properties to divide. So this... View More 
answered on Sep 20, 2018
If you buy a house while you are still married, then she has an ownership interest and an inheritance interest in the house. You can't make her sign a free trader. So you either need to wait until you get the divorce after you've been separated for a year, or you need to hire an attorney... View More
There mother has not held nor worked in 17 years as suffering from Fibro amongst other things. I have signed the lease but she is listed as someone who lives here also. She is trying to kick me out with police force. But I want custody and she is possibly going to try and take the children out... View More
answered on Sep 14, 2018
If she has been the primary caregiver of the children since she's been the one at home, and the children are doing well, i.e. making good grades, not having behavioral problems, etc., then she has an excellent shot at getting primary custody. The court will look at who has been caring for the... View More
answered on Sep 13, 2018
It depends on the exact language contained in what you sign, and you should never sign anything giving up your rights to your children without having a lawyer review it on your behalf. Not your mother's lawyer, your lawyer. And it needs to be a family law attorney familiar with the parental... View More
I agree to everything in the papers but the custody. He wants primary care, control, and custody. I want 50/50. He claims he is ok w 50/50. and we are doing mediation. how do i answer this complaint before i fill it with the clerk of court? Even if he is asking for primary and we are going through... View More
answered on Sep 13, 2018
You might not be able to afford to hire a lawyer, but perhaps you can afford to pay for a consultation with one. If not, contact Legal Aid in your area and see if they are having any free divorce workshops. You can also try to find a lawyer that will let you pay as you go, in other words, the... View More
answered on Sep 13, 2018
In most, if not all, school districts, her aunt would need a guardianship order or custody order signed by a judge. that means you would have to give up your parental rights to make this happen. This is a complicated area of law, so you should consult with a family law attorney in your... View More
Around eight months ago my father signed my sisters over to me. I went through the process and was granted guardianship of them. He has a lengthy history of physical violence, drug abuse, theft, and so on. However, there are no legal documents that show the physical, mental, and emotional abuse... View More
answered on Sep 13, 2018
Its very hard to overturn guardianship, much harder than modifying a custody order. To overturn guardianship, your dad would have to prove that you breached your duty of care to your sisters.
That said, I think I would wait on the adoption. He can fight you on the termination of his... View More
answered on Aug 12, 2016
Probably, but it would depend on when the court date is, what you were served with, how many times its been continued before, and the policies of the county where the action is pending regarding continuances. You need to speak with an attorney in the county where the action is pending and share the... View More
do ihave rights
answered on Aug 12, 2016
It depends. To answer this question a lawyer would need more information, such as whether there is a custody order in place, whether there is a parenting order in place, whether paternity has been established if you are the father and not married to the mother, whether you plan to take the child... View More
answered on Aug 9, 2016
If you are talking about the filing fee, you may qualify to have that waived. Here is the form: http://www.nccourts.org/forms/Documents/561.pdf If you are talking about representing yourself in court, you certainly have that option, but the judge and the clerks cannot explain the process to you,... View More
In NC divorce case.
answered on Aug 9, 2016
Its the "kitchen sink" claim. If lawyers listed every possible form of relief, every complaint would be hundreds of pages long. So, we all add that sentence to our complaint so that, for example, if you end up with a court order, and that order is violated, and you file a motion for... View More
I owe $1021.93 in past due association dues +$425.00 for attorney fees to Black Slaughter Black plus $12.73 in cost? The are representing the condo association. Stress makes my condition much worse and I am not able to more at this time. I feel they are being unfair. I am permanently disabled. I... View More
answered on Jun 16, 2016
Contact Legal Aid of NC and see if they can help you. They handle landlord/tenant disputes so this may qualify.
i have proof my wife is mentaly unstable. commited adultry. is on drugs. stealing and has my daughter around very bad people. she is stripping and i dont know who is watching my daughter. please i need all the help i can get to stop this before my five month old daughters life is ruined
answered on Jun 16, 2016
I am assuming you have been served with a custody action filed in NC? If so, you have 30 days to file a written answer admitting or denying each paragraph in the complaint and then making a counterclaim for custody in your favor. you can apply for a 30 days extension by filing a motion to extend... View More
Two months ago I discovered that my husband was involved in an ongoing affair. He has promised that he will never do it again. I am skeptical and hurt. For the last 3 weeks I have engaged in intimacy with him, but each time I advise him that I have not forgiven him. We still share meals and he... View More
answered on Jun 15, 2016
Continuing to have sex with your husband after discovering the affair is the primary evidence the court will look at in determining condonation. However, condonation used to be much more important than it is now. Prior to NC adopting "no fault" divorce, adultery was grounds to get divorce... View More
Can I not give a deposition at a local place to me? I work in dermatology office and is costly for me to cancel patients.
answered on Jun 15, 2016
You can hire an attorney to file a motion to quash the subpoena. Without more facts, it would be difficult to give you a more detailed response.
$43,700 past due in alimony payments.
answered on Jun 15, 2016
It depends on the document awarding you alimony. If its a court order, then you file a motion for contempt. If its a separation agreement, your file a law suit for breach of contract and specific performance (depending on the language in the separation agreement). There are no forms for this kind... View More
answered on Jun 15, 2016
Probably not, but it depends on if you don't have a separation agreement and you are fine with waiving your interest in any marital property titled in his name (such as retirement, bank accounts, etc.) and any right to alimony. If you are ok with that, and the paperwork that he filed is... View More
My wife and I legally separated a few months ago. The separation documents say I must pay child support and alimony but don't specify custody or visitation rights? My wife moved out of state with our child and I'm unable to move to be closer due to military obligations. I knew she was... View More
answered on Jun 15, 2016
Your best option was to immediately file for emergency custody when she left (or even file for custody before she left and ask for an order to prevent her from taking the child out of state). At this point you need to consult with a family law attorney immediately to bring a custody action while NC... View More
Would we necessarily need a lawyer if we do not have kids together but at the same time she has 4 kids of her own. The house that we rent is in her name not mine's.
answered on Jun 15, 2016
Maybe. North Carolina Legal Aid has a comprehensive manual to walk your through the process, including deciding if you need an attorney. http://www.lawhelpnc.org/resource/divorce-packet-self-help And there is a divorce clinic in Charlotte. http://nc.legal-aid.com/legal-help/free-legal-clinics/ On... View More
answered on Jun 15, 2016
Typically, nothing. If she has a habit of taking out warrants and not appearing, the court has the option of charging her with abuse of process, or the court may order that a judge or district attorney has to approve any future warrants before they are issued, but that only happens in extreme... View More
My father died. Even though I don't have his last name he always acknowledged me and so did his family. But now that he passed without a will his sister is now denying me and did not acknowledge me as his son on funeral documents either so she can obtain all of his assets. Am I entitled and... View More
answered on Jun 15, 2016
Assuming he died in NC, the answer depends on whether your father legitimized you formally with the court. If not, then you are not entitled to inherit from him by intestacy (which means without a will). Here is a detailed article on the subject:... View More
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