She knew before marriage he struggled with being alcoholic. She would go buy him gallons of vodka that he would willingly drink. He then had seizures & became hospitalized. When he came home he couldn't walk or care for himself. She walked out a few months after leaving him helpless. She... Read more »
The woman is the one that is separated but still legally married. The biological father wants to sign the birth certificate but is not sure if they are legally allowed to due to the woman's leagal marital status.
1. My wife and I are separated and have a separation agreement. 2. She signed a quit claim deed as per our SA for the home. 3. I filed the deed with the register of deeds before paying her the entire payout amount for her equity per the SA. 4. She claims I committed fraud. The SA does not specify... Read more »
I married my ex husband never changed my maiden name. He divorced me under his last name is the divorce legal?
answered on May 31, 2022
You can do it anytime - if the parties agree then it is the best practice to go ahead and get the full agreement in writing and have it formally executed (a Separation Agreement). Then you can just wait for the one year and someone can file for divorce.
Or do I serve him with court documents for a Uncontested Divorce?
answered on Jun 3, 2022
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... Read more »
I want to leave safely. This is a intimate partner violence relationship with emotional/ verbal abuse. He refuses to leave. I want to ensure that if I leave the mortgage continues to get paid as it is in my name. Do I have the right to stay because the mortgage is in my name? I have recordings and... Read more »
answered on Jun 3, 2022
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... Read more »
answered on Jun 3, 2022
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... Read more »
My husband is allowing me to buy him out. All assets, including the home, value was determined based on date of separation. I paid for the date of separation home appraisal, as instructed to by my lawyer. Now with the home prices fluctuating, the value of the home is being challenged by my... Read more »
answered on May 2, 2022
It would seem that these questions should be directed to your current attorney. That said, if I was representing your husband I would certainly make sure that your buyout reflected the current value of the home.
The gain in value of the home since the date of separation (through passive... Read more »
My conditional GC expires in December this year and I would need to remove the conditions 90 days before it. We have been married since almost 3 years and the marriage certainly was in good faith and we both hoped this will last forever.
However, since past year the marriage has been going... Read more »
answered on Apr 28, 2022
It would be best if you were divorced by the time you have to apply to remove the condition or soon thereafter. There is language that can be used as part of the divorce to improve the chances of your removal of condition being granted so I would recommend you consult with a family law attorney who... Read more »
Or any equitable distribution or martial property by obtaining the divorce prayed herein, can she come back now and make me sale my house and give her half?
answered on Apr 27, 2022
They shouldn't be able to, unless her name is also on the deed. From your question, you indicate that is it "my" house so it doesn't seem like she is an actual owner.
Can I fight for half of everything to the date we file separation agreement? Specifically everything in our joint bank account and current amount in my spouses 401k.
I have not worked in 16 years am not currently working and would like half of 401k currently not 17 months ago
answered on Apr 4, 2022
Decent bit to unpack here.
You used the term "separation agreement," but also mentioned that you would "file" this document. A separation agreement is a contract between spouses, and typically isn't filed with the court. As it is a contract, the parties can agree... Read more »
My spouse was already been served, so will my spouse have to agree to have the claim withdrawn?
answered on Mar 11, 2022
Your spouse plays no role in your decision whether you want to voluntarily dismiss your ED claim. No consent is needed. That said, if your spouse files a counterclaim for ED, then it doesn't matter what you do with your claim. There just needs to be one claim pending.
I have heard claim must be filed in the County you live, is this true or can any attorney do it anywhere in NC?
answered on Mar 10, 2022
It can be in any county, although the other side could theoretically attempt to have it moved to a more proper venue. I've filed plenty in 'my' county when both parties live somewhere else.
My husband wants to file seperation papers legally. It's my understanding that separation papers are not filed on record but are signed by both parties and witnessed by a member of the court.
answered on Feb 1, 2022
While it is a common misconception, there really isn't something called 'separation papers,' and you don't need any such papers to become legally separated. Some couples negotiate a contract between themselves that settles issues they may have (property division, spousal... Read more »
We also have a 10 yr old child. I want him to leave the house.
answered on Jan 20, 2022
You can leave the house anytime you want. You will still be liable to pay the loan, however. If there is a substance abuse issue, there are other ways to force him to leave (if the right facts apply). Consult with a family law attorney about your options, and take that opportunity to have a... Read more »
answered on Dec 6, 2021
I'm sure that you would love for there to be a simple and easy answer, but you likely are going to be required to get a "normal" divorce like everyone else, which requires one year of separation. Annulment may be a possibility, but it is only available in very limited circumstances... Read more »
Have not lived with husband in 5-6 yrs after discovering he was cheating. After all these years alone, I would like to date, if possible. However, am afraid to even consider, not wanting to be seen as an adulterous in court should I desire a divorce in near future.
answered on Nov 19, 2021
You absolutely can, and it should have no adverse consequences. I would also encourage you to go ahead and get divorced, as it isn't going to get any easier the more time passes. I would bet that there are many attorneys in your area who would help you with a 'simple' divorce for a... Read more »
Have not lived with husband in 5-6 yrs after discovering he was cheating. After all these years alone, I would like to date, if possible. However, am afraid to even consider, not wanting to be seen as an adulterous in court should I desire a divorce in near future.
answered on Dec 20, 2021
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).... Read more »
Can I reach out to my spouse attorney to get the original document so I can record it myself.
answered on Nov 3, 2021
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... Read more »
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