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North Carolina Divorce Questions & Answers
2 Answers | Asked in Divorce for North Carolina on
Q: I married in January 2019 and broke up in February 2019. What's my separation date?

We married the 18th of January, He left to live with his father on the 14th of February. I moved out into my own rental July 18. I just need to know which date to put so the divorce paperwork is properly filled out.

Adam Bull
Adam Bull answered on Jan 15, 2020

Whichever date is the date at which you were both physically apart, and had the intent not to resume the marital relationship.

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1 Answer | Asked in Divorce for North Carolina on
Q: I'm a citizen of North Carolina. My husband and I have a joint investment account through Morgan Stanley in California

My husband received an inheritance that was deposited into our Morgan Stanley investment account in his name only. Will I be able to receive any of this if we get divorced?

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 11, 2020

Inheritance would typically be his and you would have no claim to it unless he co-mingles it. So depending on the circumstances of the deposit into a joint investment account you may have some claim. However, regardless of what the law says, all other things being equal, you should not want a... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: I am married and I moved out 2 months ago. No separation papers.Can I see someone without the wife seeking legal action?

The new girlfriend is also married but moved out of her home too. Should we keep the relationship quiet or can we be open about it?

Adam Bull
Adam Bull answered on Dec 23, 2019

Until there are separation papers or other legal documents executed by both parties, you should be very careful and not flaunt any relationship. Both parties could be sued for alienation of affections.

1 Answer | Asked in Divorce for North Carolina on
Q: Who can I get a divorce from someone I don't know where they are at. Haven't seen this person in 5 years
Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 10, 2019

Assuming the someone you want to divorce is your spouse which by definition is the only person you can divorce, then you will need to do a diligent search to locate a good address for him. The best place to start is to inquire of his family and friends and maybe do a search of social media such as... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: I want to divorce someone but I haven't seen this person in 5 years and don't know where he is at . what can I do ?

He moved out of town in 2014

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 10, 2019

Assuming the someone you want to divorce is your spouse which by definition is the only person you can divorce, then you will need to do a diligent search to locate a good address for him. The best place to start is to inquire of his family and friends and maybe do a search of social media such as... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: Been divorced 4 years. Remained in house because I have 3 kids. Ex is pressuring me to move. I have no money to move.

I tried to get loan from bank but was turned down. Ex is only paying $225 towards house payment which is $909. Savings is being depleted. Have no money for down payment if I moved. He, by the way,has way more money than I do. He drives an Audi and goes on vacations. Me on the other hand am about... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 3, 2019

Consult with a family law attorney ASAP. Which is what you should have done 4 years ago to have avoided the current situation.

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1 Answer | Asked in Child Support, Divorce and Family Law for North Carolina on
Q: If my daughter who is my wife stepdaughter who enter college before we separated. Now me and my wife have a 10yrs

Together. She is seeking child support for the 10yrs ago. Can i carry my daughter as a dependent why im asking is because i retired from my job. And retirement is $160 000 less then what i was making. Carry my daughter would help reduce her child support money received. Right now we have joint... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 26, 2019

Your question doesn't really make much sense, if your daughter is your wife's step daughter she would have no claim to child support at all let alone from 10 years ago nor should she have any sort of custody. You daughter will be a dependent until she reaches the age of 18 and possibly a bit... Read more »

2 Answers | Asked in Child Support, Divorce and Family Law for North Carolina on
Q: Is my wife responsible for helping pay my daughter college tuition. Me and my wife separate and she is receiving post

Separation and alimony now. The child was 12yrs old when i marry my wife and i had custody of my daughter. And will i receive child credit for her in child support hearing because we also have a 6yrs during the marry and she is seeking support for the child we have together.

Adam Bull
Adam Bull answered on Nov 25, 2019

No and no. As your older daughter is not your wife's, she has no responsibility for her financial care. Second, child support ends when children turn 18 and graduate high school.

Because she is over 18 you do not ot get an offset for any of her expenses in college.

You each have an...
Read more »

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1 Answer | Asked in Divorce for North Carolina on
Q: Is paying wife medical insurance before separating can be equity distribution for 4 years
Adam Bull
Adam Bull answered on Nov 24, 2019

Providing health insurance before separation is not an asset to divide in equitable distribution. It could be considered in claims for post separation support but only if paid after date of se

1 Answer | Asked in Divorce, Family Law, Health Care Law and Insurance Defense for North Carolina on
Q: Wife and I are separated. Her employer had open enrollment for insurance. Do I have to carry her on my ins. still?

North Carolina. We have a child together and I will be carrying him on my insurance.

Adam Bull
Adam Bull answered on Nov 21, 2019

Generally yes, until there is a divorce decree or other court order addressing the issue.

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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