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North Carolina Family Law Questions & Answers
0 Answers | Asked in Criminal Law, Estate Planning, Family Law and Real Estate Law for North Carolina on
Q: I’ve asked my lawyer three times to get the paperwork filed for a petition against my stepdad but she’s not done that or

Contacted me back. Her assistance office person said that she was on the phone today and that she would have her call me back. I never heard nothing yesterday on the phone. She knows we’ve had a hard time with lawyers anyways she knows that we’ve been through several and for her to do and... View More

0 Answers | Asked in Family Law for North Carolina on
Q: My step Father & Mother gave 1% ownership of 45 acres to my Father's nephew. My Mother would like to take back the1% now

On about 10 acres of that property. What are her options. My Father has passed.

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 Family Law and Child Custody for North Carolina on
Q: Hi how can I be allowed visitation with my husband's children when a judge ordered me not to. All parties agree to visit

My husband's ex-wife did not want me to have relationship with my husband's kids. Now 8 years later she wants the kids to come up and visit to our home. To protect myself I want some documentation to be put with the courts or for her to ask the judge to cease the order saying I was to... 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 Family Law for North Carolina on
Q: My ex is asking for support. 50 years together she left, with $30k got her own place. How much can she get?

I'm $70k in debt at 71 with cc and IRS. She has 6 years of college. I get $5K mth retirement. Case in Alamance co NC

0 Answers | Asked in Family Law and Child Support for North Carolina on
Q: I have a child support order that I can't afford nor do I think is fair. I make 21000 a year.

Court order joint custody week on week off.

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

1 Answer | Asked in Contracts, Family Law, Real Estate Law and Appeals / Appellate Law for North Carolina on
Q: The judge has made his ruling. Husband has no claims to wife's house. During appeal, can husband file a Lis Pendens?

Ex husband and wife completed a bench trial for a Breach of Contract Suit. The contract was an executed notarized separation and property settlement agreement. In the agreement, wife received the house (was quitclaim deeded to wife and notarized). In exchange, the husband received all the... View More

Ben Corcoran
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Ben Corcoran
answered on Feb 12, 2024

I don't see a reason why not; a sale would likely be held up regardless if the closing attorney is doing their job properly. But a list pendens seems proper here.

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

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Carolina on
Q: Do I have to speak with CPS on behalf of a friend, or will they subpoena me to court?

I live in NC and one of my friends and her husband were arrested for Domestic Violence. She gave CPS my number as a reference. Do I have to speak with them when they call? Can I remain neutral or can they subpoena me and force me to speak to them or the courts?

Todd B. Kotler
Todd B. Kotler
answered on Jan 30, 2024

You may try to remain neutral. That will not necessarily prevent a party from subpoenaing you as a witness. That is a court order and you will either have to comply or file a motion to quash the subpoena.

0 Answers | Asked in Family Law for North Carolina on
Q: Ex-wife won’t be returning kids on ordered exchange date, can I pick them up from school since it is my ordered week?

She stated will keep them 4 extra days & then will switch our weeks with each others, changing an arrangement we’ve had for 3 years. Exchange center made mistake of approving this change without talking to me, they then tried to talk to her about mistake and she has stated she won’t work... View More

0 Answers | Asked in Domestic Violence and Family Law for North Carolina on
Q: Can a TRI be filed in a county a person is not residing in or where the alleged abuse did not happen?

What happens if they filed in a different county than where they live? Will the judge hear the case or request a venue change? I meant a TRO*

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 Child Custody, Child Support, Domestic Violence and Family Law for North Carolina on
Q: Will NC force child support?

My child and I have a restraining order against her father. DV survivor. I receive SNAP and Medicaid benefits. He has not responded to being served, but worried NC will force child support before I can petition to have him removed for abandonment to keep him away permanently. Advice? How can i... View More

T. Augustus Claus
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answered on Jan 3, 2024

In North Carolina, child support is generally determined by guidelines that take into account both parents' incomes, the number of children, and other relevant factors. The fact that you have a restraining order against the child's father and have been a survivor of domestic violence may... View More

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: My daughter's 12 she has been staying with her dad for about 2years she no longer wants to stay there and doesn't want

To go back over there with him. She's with me at the moment what actions do I need to take to make sure he can't take off with her or try to take her out of school and block me access to her. We have no custody order or anything in place.

T. Augustus Claus
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answered on Jan 2, 2024

If there is no existing custody order, it's crucial to establish a formal custody arrangement to protect your rights and ensure the well-being of your daughter. To initiate this process, you may consider filing a petition for custody in the appropriate family court. The court will then... View More

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: I have a temporary consent order for Christmas Day to see my children but the judge never signed it and neither did my e

My ex-husband’s lawyer never signed it just my lawyer him and I should I see them today or could I get in trouble?

James L. Arrasmith
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answered on Dec 25, 2023

If the temporary consent order for Christmas Day was not signed by the judge and your ex-husband's lawyer, it may not be legally binding. It's essential to prioritize compliance with the law and the terms of any valid court orders.

In this situation, it's advisable to...
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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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