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North Carolina Divorce Questions & Answers
0 Answers | Asked in Divorce for North Carolina on
Q: If I got a letter with a court date for my Divorce in North Carolina, do I need to show up or is this a formality?

This was supposed to be an uncontested divorce, but I am concerned my ex-wife may try to say parts of the separation agreement were not met. They have been and I do not want to have an order against me if I am not there to defend myself, yet she told me I do not need to appear. I do not... View More

0 Answers | Asked in Divorce for North Carolina on
Q: What does this mean? Is this saying if I find there has been Spousal fraud committed on some accounts made that I cant

Seek legal aid to have these fixed and hold my soon to be ex wife to be responsible? ***That other than the debts referred to in paragraph four (4) and five (5) above, the plaintiff and the defendant, shall each be responsible for payment of all credit card accounts, or other lines of credit, held... View More

0 Answers | Asked in Divorce, Family Law and Identity Theft for North Carolina on
Q: What does this mean? Is this saying if I find there has been Spousal fraud committed on some accounts made that I cant

Seek legal aid to have these fixed and hold my soon to be ex wife to be responsible? ***That other than the debts referred to in paragraph four (4) and five (5) above, the plaintiff and the defendant, shall each be responsible for payment of all credit card accounts, or other lines of credit, held... View More

0 Answers | Asked in Identity Theft, Divorce and Family Law for North Carolina on
Q: My soon to be ex wife applied for and ran up credit cards in my name with out my knowledge or consent. I have had four

accounts removed as fraudulent so far, there are 3 properties and she wants to simply buy me out for 45 thousand and keep what we have as separate property including any debts in each respective name, it says in one part of the decree that any credit card accounts or lines if credit be held in the... View More

0 Answers | Asked in Divorce for North Carolina on
Q: My wife and I purchased a home together, my name is on the lease, can she sale the property if I'm on the lease.

She wants my name off the lease, should I remove it from the lease before it's sold

0 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: My ex husband got ex parted orders of divorce and equitable distribution and temporary sole custody of our son

Me and my son went for a tour and my ex husband took advantage and got our house on his name he cut down my name by filing order 55 or 77 and in equitable distribution he took every thiy100% on his name and got our son's sole custody temporary.

Can we ask to reverse or cancel these... View More

0 Answers | Asked in Divorce for North Carolina on
Q: Do I have to get a divorce, if marriage certificate was never filed?

I got married in October 2022, shortly after we went our separate ways and our marriage certificate with our witnesses and ministers signatures never got filed before the 60 days. Are we still legally married? Do I have to go through a divorce? I live in North Carolina.

1 Answer | Asked in Family Law, Divorce and Child Custody for North Carolina on
Q: Can I move out of our family home with my children?

I have been married to their father (who is a narcissist) for almost 20 years. The kids are high school age. The marriage is abusive- emotionally and sexually and has been for a very long time. I am ready to leave. However, a relative of his owns our home. It is his one day inheritance. We do not... View More

T. Augustus Claus
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answered on Feb 7, 2024

In North Carolina, you can move out of the family home with your children, especially in situations involving abuse. However, it's important to proceed carefully to avoid potential legal complications, particularly concerning custody. Without an existing court order, both parents typically... View More

0 Answers | Asked in Divorce for North Carolina on
Q: If a Person is separated from Spouse and not divorced yet , bought another home . Does the ex-spouse have rights to

Does the ex-spouse have rights to home if that person passes away if still not divorced yet and never signed divorced papers

0 Answers | Asked in Divorce for North Carolina on
Q: Recently found out I married illegal alien over 20 years ago, assaulted me and has been deported since 2018. Annulment?

I got married young, it never worked, and never had the time and money to get divorced. He tracked me down, assaulted me, and he got deported. I left it on the back burner and now I want to move on with my life. I recently found out he used a fake SSN to marry me. I would like an annulment. We have... View More

1 Answer | Asked in Small Claims, Divorce and Family Law for North Carolina on
Q: Can I get money back from my husbands student loans I paid off pre-divorce?

I paid off all my husbands student loans, most were from before we were married. He cheated on me so we are getting a divorce. Can I sue him for the cost of the student loans?

T. Augustus Claus
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answered on Jan 11, 2024

In North Carolina, the division of assets, including the repayment of debts, is typically addressed during divorce proceedings. However, the treatment of student loans can be complex, especially if they were acquired before the marriage. Generally, debts incurred before marriage are considered... View More

1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: My husband died while our division of assets was still being worked out, due to a prolonged illness.

We are divorced 2 years. Can the divorce be overturned?

Jammie Lynn Wacenske
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Jammie Lynn Wacenske
answered on Nov 13, 2023

No, but if you mean that he died while the division of your assets were still being worked out means that you filed for equitable distribution and that was still a live claim that was incomplete when he passed, then the personal representative of the estate should be able to continue see that... View More

1 Answer | Asked in Real Estate Law, Divorce and Family Law for North Carolina on
Q: Husband in North Carolina sold property in 2020 without my consent. He owned the property prior to marriage.

Prior to marriage I did not sign free trader agreement or prenuptial agreement. The sell of the house took place in 2020 was undisclosed to me during that time. We are now divorced as of April 2023.

Ben Corcoran
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Ben Corcoran
answered on Oct 19, 2023

All that you would have been signing away was your right to claim a life estate on the property in the event of his passing. That right was extinguished upon divorce.

I cannot speak to the laws of other states regarding marital property but the money he made from the sale might have become...
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1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: Is it legal to back date a separation in NC to divorce prior to one year apart?
N'kia (NLN)
N'kia (NLN)
answered on Oct 19, 2023

Intentionally making false statement of facts to a court is unlawful. In North Carolina, to be eligible for a divorce, spouses must have been separated for at least one year (with the intent to remain separate and apart). To be valid, a divorce complaint cannot be filed before the spouses are... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for North Carolina on
Q: My husband sold our house without me knowing in nc. sold in August, I live here. I'm on the deed. What can I do legally

He left. I've filed for divorce and he's aware. He Kept asking me to move or sell, I said no. Someone told me my house just sold per Redfin. I checked and owner changed.

Anthony M. Avery
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answered on Sep 6, 2023

If you are actually an owner, then confirm it by searching the title. You may have to sue any new grantees. Husband's alienation of marital property should be brought up in the Divorce, possibly as grounds for contempt. Someone has to pay taxes and any note debt.

1 Answer | Asked in Real Estate Law and Divorce for North Carolina on
Q: My ex husband and I own a house in NC together. I divorced him and he stayed in the house. Now he's going to stop paying

He refused to sell or refinance the house at the time of the divorce. Now his plan is to stop paying the mortgage but continue to live in the house for a few months then move to another state. Is there anything I can do in this situation?

T. Augustus Claus
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answered on Aug 21, 2023

In North Carolina, if your ex-husband plans to stop paying the mortgage on your jointly owned house and subsequently move, there are several actions to consider. Begin by reviewing your divorce agreement for any relevant clauses. Consulting a North Carolina attorney skilled in property and family... View More

1 Answer | Asked in Family Law, International Law, Divorce and Child Custody for North Carolina on
Q: My wife and I are getting divorced we've been separated since March. She's moving to Canada on Wednesday

Before asking for a divorce and even being physically separated she had a emotional affair with a man in Canada who she knew from when she was younger who she is now in love with and moving to live with. She gave me notice of this last Wednesday and she wants to be able to take my son there during... View More

James L. Arrasmith
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answered on Aug 6, 2023

To protect yourself as a parent and ensure your rights are safeguarded, it is essential to consult with a family law attorney who can assist you in negotiating a custody agreement that serves the best interests of your child and takes into account the international relocation aspect. Proper legal... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: How does my dad get full custody of me ?

My mother yells at me alot and makes me cry and she makes me feel like I am nothing and I dont want to be around her toxic environment

T. Augustus Claus
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answered on Jul 5, 2023

I'm sorry to hear that you're experiencing a difficult situation. To pursue full custody, your father would typically need to file a custody petition with the appropriate court in North Carolina. The court will consider various factors, including the best interests of the child, when... View More

1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: I have a TRO hearing to freeze assets for supporting spouse. What do I need to do to prepare. What will be Court costs.

I have filed a complaint for temporary SS and alimony. I am the dependent spouse. Working hourly part time. And still staying in the marital home. Supporting spouse just got laid of and I suspect he is still in US, address unknown, though claims he is out of the country to live with family who is... View More

Stephen Edward Robertson
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Stephen Edward Robertson
answered on Jun 5, 2023

In NC if there is an existing action a filing fee for a Motion in the Cause is $20. If you need a Temporary Restraining Order to protect marital assets make sure that at the time it is filed a hearing is scheduled to occur within 10 days of the filing of the Order. Also your Motion needs to make it... View More

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