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North Carolina Divorce Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: My fiance text message me, I have full custody of two of our daughters. Can I use this text message in a family court.

Got into a argument over responsibility. Then she text message me that I can have the girls.

Adam Bull
Adam Bull answered on Nov 20, 2019

Any communication from an asverse party is admissible as a statement against interest.

1 Answer | Asked in Divorce for North Carolina on
Q: If I am seeking a divorce, am I entitled to a vehicle although it is in my spouse's name and he makes the payments?

I have been married to my spouse for 13 years. We have 3 children together. I have always been a stay home mom while my spouse worked and supported us. However, my spouse is refusing to allow me the vehicle that I have been driving that is in his name and he makes payments on.

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 18, 2019

You need to hire an attorney. If you try and do this yourself it is very likely all you will get after 13 years is a divorce.

2 Answers | Asked in Divorce for North Carolina on
Q: Divorce and retirement entitlement.

I have been married over 9 years and am planning on filing for divorce. Is my husband entitled to part of my retirement in the future?

Adam Bull
Adam Bull answered on Nov 12, 2019

Potentially depending on what type of retirement and whether its vested. There are several factors to look at. Consult an experienced family law attorney to evaluate your matter.

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1 Answer | Asked in Divorce for North Carolina on
Q: Separation agremt. writen 2007 not notorize. prty want div. 2019. live 2gethr past 2 ysr.what year agrmt legl?

After 25 years of marriage my husband and I separated. We went to a mediator that he picked out. I really should have had an attorney there, but that is done. We wrote up a separation agreement in 2007, but neither of us had it notarized o registered in the countie we lived in. I have been... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 5, 2019

Remember how along about the second or third sentence, you say you 'really should have had an attorney' - well. that is still true. You really need to go consult with a family law attorney. You got lucky the first time. The 2007 agreement is not valid if it was not notarized but if you keep... Read more »

2 Answers | Asked in Child Custody, Divorce, Family Law and Military Law for North Carolina on
Q: What state has custody jurisdiction if the mother moved the child to NY and father who is active military lives in NC?

We all lived in NC together... Wife/Mother of our child had an affair, openly admitted to it. She is pursing a relationship with the person she had an affair with, making arrangements to live together etc...

My wife moved our daughter out of state to NY and is not allowing me to see her.... Read more »

Adam Bull
Adam Bull answered on Nov 5, 2019

There are specific rules on this. You need to file suit in NC immediately and based on what you represented you should have grounds for emergency custody. The uniform child custody jurisdiction act controls in this situation and as long as she has not been gone for more than 6 months, the Court... Read more »

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4 Answers | Asked in Divorce for North Carolina on
Q: The guy im dating has been separated for almost 3 years. If we move in together will he be obligated to pay alimony

He will have to pay alimony if we move in together

Melissa Averett
Melissa Averett answered on Nov 3, 2019

No. To be eligible to make an alimony claim you have to have been married.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for North Carolina on
Q: I live in NC currently and my son is in TN. Father and I are married but he is MIA, grandma won’t let me get child.

Father is on drugs and not been seen in awhile. I would like to get my son out of a toxic situation, am I legally aloud to do so even though he as been with grandparents for 6 months? Do they have any rights? I’ve not been served any papers or anything like that. Father and child both reside in... Read more »

Adam Bull
Adam Bull answered on Oct 24, 2019

As a biological parent, you have a paramount right to the physical custody of your children, unless those rights have been terminated or you have been found to be unfit. I suggest you retrieve your child immediately to avoid arguments that you have abandoned the child or abbrogated your rights,... Read more »

2 Answers | Asked in Child Custody, Child Support and Divorce for North Carolina on
Q: In NC, do you have to be "legally separated" or can one person just move out and then file for Divorce a year later?

Basically, I want to know what is the process for divorce in NC.

We have one child together and she has one from a previous relationship.

We've been married about a year and a half.

What are the child support/custody rules and regulations?

I am completely at a... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 21, 2019

There is no such thing as 'legally separated' so "one person [can] just move out and then file for Divorce a year later" However, if you do it that way not knowing the law - which you clearly do not, you can screw yourself pretty hard. If things are amicable, your best bet is to resolve all the... Read more »

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2 Answers | Asked in Divorce for North Carolina on
Q: Can I contest a separation date if I was in jail/awaiting trial after bail due to my wife's false accusation. Found NG

I was found not guilty by judge approx. 5 months later; awaiting court date. I could not return to my home due to her false accusation of assault on a female, not due to me volunlarily leaving. She wants to use the date I was in jail due to her lie as the Date of Separation. Can I contest this date?

Melissa Averett
Melissa Averett answered on Oct 21, 2019

Only one person has to form the intent to separate permanently. If she decided that on the date you went to jail she no longer wanted to be married to you, and she hasn't reconciled with you since, then that is the date of separation. So no you do not have grounds to contest it.

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2 Answers | Asked in Divorce for North Carolina on
Q: How can I find a divorce lawyer that help with income taxes owed?

My husband and I have been separated since March 2018, we owed also 10,000 dollars in federal taxes and I need him to pay half of this responsibility. I paid all of state taxes since 2013 to 2018. I also, paid all of 2013 and 2018 federal taxes but we still owe some of 2014 thru 2017. He just... Read more »

Adam Bull
Adam Bull answered on Oct 15, 2019

When going thru a divorce, rarely is the marital estate comprised of a single asset. Are there other debts that were incurred during the marriage. All assets and debts need to considered and allocated.

If there is only debt there are ways to arrange a payment plan or structure payments....
Read more »

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1 Answer | Asked in Divorce for North Carolina on
Q: If your wife gets pregnant by another man while you are separated, do you still have to wait a full year to divorce?

I heard you can still be held responsible for another man's child if the child is born into your marriage.

Melissa Averett
Melissa Averett answered on Oct 10, 2019

You still have to wait a year. You need to talk to a family law attorney in your jurisdiction about the steps you can take to protect yourself from having to support the child born to the marriage.

1 Answer | Asked in Divorce for North Carolina on
Q: If my spouse is in prison in another state will I be able to send him the divorce papers through certified mail?

If my spouse is in prison in another state will I be able to send him the divorce papers through certified mail? The divorce is uncontested, will there be any additional paper work and any additional fees? I want to use easyncdivorce.com but I don't know if him being in prison will make the... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 1, 2019

No. He will need to be served by Sheriff. Why are you bothering to do this yourself? For a flat rate total of $395 plus the cost of service by sheriff, we can do everything for you. Unless you are indigent (extremely low or no income) and eligible to have court cost waived - you will likely not... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: How much is an uncontested divorce?

I got married July 6, 2015 and separated on April 2016. My husband is in jail in Georgia and I live in North Carolina. He said that he would sign the divorce papers, I don't have any children, property, etc. How much would it cost for an uncontested divorce including lawyer fees, sheriff fees,... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 30, 2019

It would be a total flat rate fee of $395 plus whatever it costs to have a Sheriff's deputy serve your spouse in jail - we would need to get a quote for you for that but for most states it is less than $100. Just visit our website at easyncdivorce.com to see if our service is a good fit for you.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: Can my dad legally kick me out of his house?

My parents are divorced and my father forced me to pack all my things and make me leave and go to my moms house. I have siblings still at his house and I want to go back but my father won’t let me. Is this legal?

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 29, 2019

As long as you have a safe place to go, yep, 100% legal. What in the world would make you think you get to dictate the rules in your dad's house?

1 Answer | Asked in Divorce for North Carolina on
Q: My wife wants a divorce. I was told that moving out was the worst decision I could make, but in NC it's required.

What do I do?

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 29, 2019

Separating for at least one year is required to be eligible to file for divorce in NC. Generally separating requires at least one of you to move out but nothing says that it has to be you that is the one to move out. If neither of you has moved out yet, your best bet is to consult with an... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: Can my husband withhold my half of the money after we separated?

Married for 18 years. Money from his retirement account was withdrawn before we separated for us to pay Bill's after separation. He blocked me access to his checking account where the money was deposited and refused to transfer my half into our joint account or my personal account.

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 25, 2019

Of course, and he likely should do that as it gives him some leverage in negotiating with you. Unless there is a court order or other enforceable agreement to the contrary, then right now there is no 'your half' and it is, as you say "his retirement". You should go consult with a local family law... Read more »

2 Answers | Asked in Divorce and Estate Planning for North Carolina on
Q: I live in NC. I have been separated from my wife for 7+ years and want to buy a house without her having claim to it.

I would like to purchase a house knowing my wife (separated for 7+ years) will not get it in the eventual divorce.

Melissa Averett
Melissa Averett answered on Sep 25, 2019

You need a divorce, or you need a free trader agreement signed by your wife (this is a document that says both of you can engage in financial transactions as if unmarried), or quit claim deed signed by your wife giving up her interest and the new house. A separation agreement typically contains a... Read more »

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1 Answer | Asked in Divorce for North Carolina on
Q: Can my husband sell our sons truck if we are separated?

My husband and I are separated and our 17 year old son has a truck, which is in his dads name and it's paid for, says he is going to sell the truck if he has to pay me $635 in child support? Child support papers have been filed with Social Services and he has already received the papers.

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 23, 2019

If the truck in in your husbands name - then it isn't your son's truck.

So yes, he could (and very likely should) sell it to minimize the impact of child support - especially if he is the one who paid for the truck.

1 Answer | Asked in Divorce for North Carolina on
Q: Are marital assets calculated through date of separation or date of divorce?
Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 23, 2019

Depends on whether you have a valid enforceable Separation Agreement.

2 Answers | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: During a separation can one spouse take the other to court to get money or visitation with kids?

He was on drugs and I put him out. He has taken personal possessions but I refuse to give him money. I know what he’ll do with it. Can he do anything before the year is up?

Krispen Culbertson
Krispen Culbertson answered on Sep 23, 2019

Yes, if there was a marriage, he theoretically can file as a "dependent spouse" for what is called post spousal support. He'd probably need to consult with and pay an attorney to figure this out, however. The pleading requirements are a little complicated. He could also ask for what is known as... Read more »

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