Get free answers to your Divorce legal questions from lawyers in your area.
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 
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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
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
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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
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
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
answered on May 18, 2023
Without seeing the deed it is hard to know for sure, but he does not likely have any real claim to it.
Generally speaking, should you die before him, he can assert some claims under NC law and he would have to sign any deed should you sell the property. And in a divorce, his claims would... View More
I moved back to my country 3 months after getting married due to immigration reasosns. My ex filed a peition for me to come back as his spouse but by that time he was already in another relationship. I currently work but also support our child and have been for the past 10 years. He only helped the... View More
answered on Apr 3, 2023
In North Carolina, there is really only one type of divorce -- "Absolute Divorce." However, when someone files for divorce, child custody and child support aren't automatically included. Also, the appropriate place to file for child custody or child support typically depends on where... View More
We have been separated since 2020 and both entered different relationships. My ex wife got pregnant in 2021 by a man and gave birth early 2022. We were finally able to be divorced on 2/2023 but now she is trying to file child support against me. How is this even possible? Could she have legally... View More
answered on Mar 31, 2023
In North Carolina, when a woman gives birth to a child while married to a man, the man is legally the father of the child. It doesn't matter that the man and the woman are separated, only whether they were legally married. A man who doesn't believe he is the biological father of the child... View More
My husband filed for the divorce and originally I did not contest it. A court date was scheduled for January 31,2022 and the divorce was not granted because I was not properly served. I now feel like I should contest the divorce, but I don’t know if I still have the opportunity to.
answered on Jan 19, 2023
In North Carolina the requirement for divorce is that parties must have lived separate and apart except in rare circumstances. It requires that only one party needs to have had the intent to live separate and apart. To contest the divorce you would need to show you have not lived separate and... View More
Wife discovered she is gay. She has a girlfriend and wants to divorce. We have three kids. I understand and am fine paying the child support. However, am I obligated to pay spousal support?
answered on Jan 6, 2023
It all depends on a lot of factors. Based on the facts you've given, the answer is not a definite YES or NO. Consult with an experienced family law attorney, so they can ask you a series of questions, and based on your answers, more questions, and based on your answers, you can get a more... View More
He used marital funds to purchase equipment for the business, and I have copies of the checks verifying that. On the financial affidavit, he claims that the business started after separation and he used his own money. Can I use the checks to verify that his business started before separation? Is... View More
answered on Oct 11, 2022
Seems like the answer could depend on when the business entity (if there is one) was actually formed. If it wasn't formed (created) with the Secretary of State until after you separated, then there is an argument that the business wasn't marital. However, if that is the case, then you... View More
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answered on Oct 3, 2022
Until the divorce is finalized your wife has an interest in the property and would have to sign any deed.
we’ve been separated 12 years. not divorced. she went to the registrar of deeds with a new deed with his and her name on it. my name is there without a signature. they recorded it. is it legal? did i lose my land?
answered on Sep 23, 2022
I would have to review the deed. He may have just conveyed his portion, but if he also tried to convey your portion then fraud was committed, and you should contact the local law enforcement.
My spouse and I have been separated for 2 years, can I get a court order for child support for our 4 year old child without applying for a divorce?
answered on Sep 12, 2022
Sure. There is no requirement that both actions are handled together. However, I do question why you haven't been divorced yet. Many family law attorneys offer a "flat-fee" divorce package that isn't too expensive. Alternatively, you can attempt to file it yourself.
We bought a home for cash in NC 7 years ago with proceeds from sale of home in VA, paid off by my husband’s parents estate. Separated since January when I left for a job across the country. He listed the house in late July and we have a buyer and contract, which he just decided not to honor.... View More
answered on Sep 14, 2022
I would need to review the deed to the house to give a definite answer.
However, it is likely that the house is in both your names and you and he own it as tenants in common. He is allowed to live there rent-free, but he is responsible for 50% of all expenses, taxes, utilities, hoa fees,... View More
answered on Aug 1, 2022
Wouldn't be great, but it largely depends on what claims are being raised, and on additional facts (how long have you been separated, did you know this person before you separated). If there is some suspicion that you were being unfaithful on your spouse, this new person moving in will... View More
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More
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