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North Carolina Divorce Questions & Answers
1 Answer | Asked in Divorce for North Carolina on
Q: In NC, can I be sued for alienation of affection? I had an affair with a married man

He was very unhappy, and we met on a dating site. I did not know he was married until I had already developed feelings for him. Can his wife sue me if I was not the cause of the problems? They separated soon after we met and are getting a divorce now. He was unhappy for a long time before me, but... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 16, 2020

Can she sue you - yes. However, based on your description her odds of winning a likely less than slim and none. She would need to prove you purposely or at least knowingly broke up what was otherwise a happy marriage. So you likely have nothing to worry about. The other thing is if you are like... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for North Carolina on
Q: If I move out of the home I live in with my husband to seperate, can I take our children with me? Buy a home myself?

Would he be entitled to the home I bought for myself and children while we were seperated waiting the one year to get a divorce? Should i get a custody agreement in court first before moving out? Can he get me for failing to continue to pay HIS mortgage after I leave? My name is on deed not... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 14, 2020

It would be best to have a formal written Separation Agreement done before you move. If you can be fair with each other, all of your marital issues (including child related issues of custody, visitation and support) can be resolved for a flat rate fee of around $250 for most average couples. If... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: Wife and I are separating. I have a loan in my name alone, got while married, are we both responsible for the loan?

The wife and I are currently separated and wife drew up some standard separation papers from the internet and not through a lawyer. The wife and I got a loan one year ago to help with bill. The loan is only in my (husbands name) because i had better credit at the time. We both were knowledgeable... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 11, 2020

I am not licensed to practice law in Florida, so if you reside there, you should get a Florida attorney.

That caveat aside, the loan IS marital property and should have been accounted for in the settlement of your equitable distribution (property division) claim. However, the creditor (the...
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1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: My husband and I are separating and the house we rent is on a month-to-month lease in both of our names. My husband has

rented another house in just his name and I want to sign our current lease in my name. Does he have any rights to the rental because we are married i.e his family comes on property and I don't want them there, or he comes on property and I don't want him there.

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 6, 2020

If the lease is put in just your name, you would control who can and can not come on to the property. Also, in a separation situation and under certain circumstances North Carolina's Domestic Criminal Trespass law may apply to yur spouse. Here is the statute: § 14-134.3. Domestic criminal... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: Ex is behind in child support and take our child 6 weeks out of the year. Can those months be added as money owed me?

Ex is behind $14,000 per our divorce decree and never took any of his visitation.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Oct 28, 2020

I'm not sure I quite understand the question, but will point out that child support and the rights of the non-custodial parent to see the child aren't connected. They are handled on completely different paths.

To the extent he isn't paying, any efforts on your part to have...
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2 Answers | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: We live in NC. I got a job in FL. Husband wants divorce and is saying he will not move. We have a child, is this legal?

Is it legal to force a parent to stay in current state even though they got a job in another state. I got a good paying job with benefits in another state but now my husband wont leave our current state so we can live close to each other to share custody over your son. We are still married and have... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 16, 2020

Of course it is legal - you don't get to dictate to or force someone to move just because you got a job out of state or are married and have a child together. If you can't come to a fair agreement together essentially you will have to decide to stay or go and involve the court to decide... Read more »

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1 Answer | Asked in Divorce for North Carolina on
Q: can someone file for divorce 4 months after legally separating?

So my co worker just celebrated her divorce this past September and she mentioned she had filed in Oct of 2019 but she seperated in June 2019. I had always assumed you had to wait a year to file for divorce? He did cheat and have a baby on her

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 3, 2020

Yes, you can file a divorce in North Carolina after only being separated for four months but you will likely have purposely committed felony perjury and if you get caught, will likely be in a boat load of trouble for presenting false information to the court. There is no legal way around the one... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: can my ex husband evict me from a home he hasn’t stayed in for over a year ? he removed my name from the house loan .

i was a 3rd party on the loan before he removed me he hasn’t lived there since the divorce in 2019 . so now he is saying he can evict me in 10 days verbally and after that he will file a motion to have me evicted in the next 30 days .

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 2, 2020

Removing you from the loan is irrelevant. If you divorced and did not properly resolve the property issues before or during the divorce - that was likely a huge mistake and depending on who is listed on the deed - you may no longer have an interest in the property. If so, you will likely be forced... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: I need a lawyer who will do pro bono do you have one to recommend?

my husband of 25 yrs has filed for divorce l have not worked since we were married other than in our church non paid. l understand that l have file for division of assets and spousal support. l was informed l should have lawyer but he is the sole provider and l no way of paying for lawyer..he on... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 29, 2020

Go consult with a family law attorney. If you are the dependent spouse, it is possible to petition the court to have him pay your attorney fees. If he gets popped with that, it will tend to wipe the smug right off his face and make him more agreeable to sitting down and working out something fair... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: How do you prove you have been separated for a year
Ben Corcoran
Ben Corcoran answered on Sep 24, 2020

You simply state it in court under oath.

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1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: I divorced my ex-husband about a year ago in Tennessee. He owned a home in North Carolina at the time of our divorce.

My lawyer put in the divorce paperwork that he needed to give me a quit claim deed for this property. My ex told me I don't have to sign a quit claim deed because my claim to the property only existed while we were married. Is that true? Should I sign one anyway since my lawyer included that... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 23, 2020

Assuming you mean you want to sign a quit claim deed to him - why bother with the time and expense of doing that? If he wants or needs one - he will ask you. If you divorced in North Carolina and if the property was only in his name and you made no claim for the property then yes, very likely any... Read more »

1 Answer | Asked in Criminal Law, Divorce and Family Law for North Carolina on
Q: If my ex has my car (car in my name) in his possession and won't give it back, can I have it reported stolen and towed?

My husband and I are legally separated and working toward a divorce. He is an illegal alien and has no driver's license. He is in possession of a 98 Toyota Corolla that is in my name, but he is the one that paid for it (while we were married). He claims it is his because he bought it, but... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 23, 2020

Of course not - this is a civil domestic issue not a criminal one - police will likely not assist you. However, if you have a key and can get to it without breaching the peace, you can go get it yourself. You have as much right (likely more right since it is in your name) than he does. The fact... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: I want a divorce... my husband is estranged for 18 years... how do I go about getting a divorce from him?

He abused sexually when she was 9.

He fled the state when he was found out and not heard from since except attending a funeral

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 21, 2020

The bottom line is you need to find your spouse if you want the divorce to be affordable. If you can locate a good address to serve him at, there are several NC firms that can handle your divorce for you for a total flat rate fee of around $395 to $495 depending on whether you need the sheriff to... Read more »

3 Answers | Asked in Divorce and Family Law for North Carolina on
Q: if i bought my home with my inheritance, is my husband entitled to half? I'm the only one on the deed.
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 17, 2020

He shouldn't be entitled to half, but would potentially have a claim to a smaller fractional interest. He may have a claim to any mortgage principal reductions made during the marriage due to the monthly mortgage payments. He may have a claim to the active appreciation of the home during the... Read more »

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2 Answers | Asked in Divorce, Domestic Violence and Family Law for North Carolina on
Q: My Ex has recently been arrested & I'm wanting to divorce him but it hasn't been a complete year yet can i say it has?

I have a past with him with domestic violence and he cheated on me all the time I finally found a amazing man that treats me the way a women should be treated......

Could I divorce in any faster even though it's not been a complete year but it's been a little over six months as... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 14, 2020

You are essentially asking if you can lie to the court. The answer to that is - yes, you can. However, if you do and get caught it is potentially a felony and you may end up being with your husband in jail. There is no legal way around the one year separation requirement in North Carolina.... Read more »

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1 Answer | Asked in Divorce for North Carolina on
Q: Can my x legally fill out a school form saying he has custody and I don’t if no custody papers were done

We never had custody papers done as were share, but I recently came across a form that he filled out saying I do not have custody, I feel this is to make me look bad

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 14, 2020

There is a difference between whether he can and whether he ought to in the sense of it being right or legal. Since he has done it - obviously he can, so the real question is whether it was right or legal for him to do so and the answer to that is not so easy. If there is no court order or... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: For NC, at what point in time is the supporting spouse's income used to calculate alimony?

For example, say the supporting spouse was making $50,000 as of the date of separation but got a raise 9 months later to $75,000. Should the alimony be based on the $50,000 or $75,000? Also, is this county dependent?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 3, 2020

There isn't one answer and It is really going to be judge dependent. You would make the argument that it should be based on the $75,000, the other side will make the argument it should be based on $50,000, and most likely the judge would factor both of those amounts into their final award.... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: would screenshots of my spouse's texts with another man be enough to avoid alimony in a divorce?

I have screenshots of text messages between my wife and another man that show that their relationship is more than just friendship.

David Allan King
David Allan King answered on Aug 23, 2020

In North Carolina, alimony is awarded based on a "totality of the circumstances" test. Cheating (or baseless accusations of cheating) are one of the factors the judge considers, especially in determining the amount. However, your spouse is not legally-barred from pursuing alimony as a... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: Can my husband go to jail? I received divorce papers from him, we live together & he says we have been separated 1 year.

We have been living together as husband and wife, in the same house as a married couple. I was served with divorce papers, out of the blue, for an absolute divorce. It states we have been separated for one year and we have not. We were married in 2013 and have been together on and off. However... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 21, 2020

Yes, he can for felony perjury and he likely should. More importantly so can you, if you go along with it. You have the right idea about consulting with a local attorney, so go do that as soon as you can to get options on how to best deal with this and a separation if that is ultimately what you... Read more »

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2 Answers | Asked in Divorce and Family Law for North Carolina on
Q: State: NC What are my rights as husband if I move out of our residence prior to reaching divorce agreement?

Married 22 years, two children ages 18 and 21. Youngest child currently living at home while enrolled in college taking online classes during COVID. Wife has been stay at home mom entire marriage. We have reached an impasse on our relationship. I need to move out to avoid further arguing and... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 18, 2020

This question can only be fully answered through a consultation with a family law attorney. That said, you've got to consider (1) how to equitably divide your marital property, and you've got to consider (2) whether any spousal support should be paid.

The property that needs to...
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