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North Carolina Divorce Questions & Answers
1 Answer | Asked in Divorce for North Carolina on
Q: Me and my wife are getting a divorce and we have no kids and no property . What can happen if we both make 40,000
David Allan King
David Allan King
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...
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1 Answer | Asked in Divorce for North Carolina on
Q: Do I have the right to leave and keep my 16 month old because she is still nursing?

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 »

David Allan King
David Allan King
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 »

1 Answer | Asked in Divorce for North Carolina on
Q: My spouse and I has signed a divorce agreement. Do I file the agreement with Clerk for an Uncontested Divorce?

Or do I serve him with court documents for a Uncontested Divorce?

David Allan King
David Allan King
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 »

2 Answers | Asked in Divorce for North Carolina on
Q: Do we wait to do a house-buyout when the divorce is final or can we do it at the start of our year long separation?
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
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.

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1 Answer | Asked in Divorce for North Carolina on
Q: I am currently trying to settle equitable distribution on my divorce. Our major asset is the home.

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 »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
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...
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1 Answer | Asked in Immigration Law and Divorce for North Carolina on
Q: Divorce during a conditional GC

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 »

Agnes Jury
Agnes Jury
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 »

1 Answer | Asked in Divorce for North Carolina on
Q: If in my divorce decree if it states , plantiff understands that she is forever discharging any claim against defendant

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?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
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.

1 Answer | Asked in Divorce for North Carolina on
Q: In state of nc I am separated for 17 months now. Can I only get half of assets before date of separation?

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

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
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...
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1 Answer | Asked in Divorce for North Carolina on
Q: It it possible to withdraw my claim for equitable distribution?

My spouse was already been served, so will my spouse have to agree to have the claim withdrawn?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
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.

1 Answer | Asked in Divorce for North Carolina on
Q: Husband and I meet rules for divorce. Can lawyer file uncontested divorce claim in any county or where I live?

I have heard claim must be filed in the County you live, is this true or can any attorney do it anywhere in NC?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
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.

1 Answer | Asked in Divorce for North Carolina on
Q: Can you file for a legal separation in NC with the clerk of court?

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.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
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 »

1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: If I borrowed the loan for the house and the deed is on both names, can I leave that house due to substance abuse.

We also have a 10 yr old child. I want him to leave the house.

Angela L. Haas
Angela L. Haas
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 »

1 Answer | Asked in Divorce for North Carolina on
Q: How can I end my marriage of a week
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
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 »

2 Answers | Asked in Divorce for North Carolina on
Q: Can spouses date people when not living under the same roof?

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.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
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 »

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2 Answers | Asked in Divorce for North Carolina on
Q: Can spouses date people when not living under the same roof?

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.

David Allan King
David Allan King
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 »

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1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: Low income legal representation for child custody divorce response to complaints when he kicked me out with no where to
David Allan King
David Allan King
answered on Nov 3, 2021

I'm not aware of any probono divorce lawyers, if that is what the question is asking about. There are pro bono programs for domestic abuse victims, but they usually stick to getting a restraining order and do not touch the divorce items.

While rare, there are some law firms that work...
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1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: I need help responding to a complaint fir divorce and B we have only been apart 4 months and he burnt all my stuff

Lied on je preformed torts against and hot custody of my daughter snd he is not her father

David Allan King
David Allan King
answered on Nov 3, 2021

This is something you need to hire a lawyer for.

1 Answer | Asked in Divorce for North Carolina on
Q: I have a copy of the free traders agreement and the register of deeds cannot use a copy.

Can I reach out to my spouse attorney to get the original document so I can record it myself.

David Allan King
David Allan King
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 »

1 Answer | Asked in Divorce for North Carolina on
Q: Alimony conditions.

My divorce consent order specifies I pay a set amount until 1. A specific date 2. Her vehicle is paid off. Does this imply that I have the ability to ask her for a payoff of the vehicle and pay it off early to end alimony? She lied when we added the vehicle condition, stating it was paid off prior... Read more »

David Allan King
David Allan King
answered on Oct 28, 2021

We don't have much context (or a copy of the order) to be very informed on what the judge intended. However, that seems like a compelling argument to me.

1 Answer | Asked in Divorce for North Carolina on
Q: A husband and wife both have there names on a house. One day, they decide to divorce. The wife leaves and get her own

House and the husband keeps the original house with his ex wives name on the deed. My question is quite simple but slightly complicated, does the husband have to wait until the divorce process is over before renting out his house because the name of his house is still on the deed?

David Allan King
David Allan King
answered on Oct 28, 2021

This is a complicated question. Most homes owned by spouses are owend by "tenants in the entirety" which means the spouses do not own a 50% interest - rather each spouse owns the entire property. You are prohibited from selling or refinancing the home without your spouse's consent,... Read more »

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