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North Carolina Divorce Questions & Answers
1 Answer | Asked in Divorce for North Carolina on
Q: My wife cheated attempted to run me over with car after kicking me out of our home I want a divorce she’s refusing
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Jul 2, 2021

You shouldn't need her consent or participation - the only requirement is that you must be separated for one year. No way to speed the process up unfortunately. So after that year is run, you just need to file your divorce, serve her, and then proceed.

1 Answer | Asked in Foreclosure and Divorce for North Carolina on
Q: House is headed for foreclosure and wife won’t speak to me. How can I sell house to avoid losing $$

She will not talk to me at all, changed phone, won’t even discuss school, health, etc about our remaining minor child. Once COVID protections are lifted our lender will foreclose. She won’t talk but I need to sell. It is best for her and kids as well. I am unemployed for over a year

Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 25, 2021

It sounds like you are separated from her. The only way possible would be to file for "equitable distribution" and the Court could enter an Order requiring her to cooperate with the disposal of any marital assets. Otherwise, you cannot force her to sell. You should get an equitable... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: My husband left on September 12th 2020 and has not returned, can I get a divorce?

I was I was supposed to have surgery on both eyes the Monday after he left and I had to put that off and I was considered legally blind

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on May 20, 2021

Not in North Carolina as you have to wait a year after separation. From the facts you've presented, you can't sue until 9/13/2021.

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1 Answer | Asked in Child Custody and Divorce for North Carolina on
Q: I’m in Nc. I’m trying to buy a house so I can leave my husband, how does that work when your trying to leave to divorce?

I know you have to live apart for a year to file for a divorce and live apart to file for custody of children. I’ve been trying for over a year to find someplace to move to, but because of the size of my family no one wants to rent to us, so I’m trying to buy a house but because I’m still... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 22, 2021

You can buy a house in your name only, your marital status has nothing to do with it. A bank may not lend you money without your spouse joining but that is completely up to the bank.

1 Answer | Asked in Divorce for North Carolina on
Q: I filed a pro se divorce in nc, i had hearing last Monday and Judge denied because i was missing a form. What do I do

Judge wouldn't tell me what form was missing or what i need to do next to finalize the divorce

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Mar 15, 2021

I could guess, but without looking at the file I have no idea what form you are missing. You will unfortunately need to consult with a local family law attorney about the status of your case. Perhaps you can just file the correct form and get a new date scheduled.

I can't speak for...
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1 Answer | Asked in Divorce for North Carolina on
Q: If the judge gave me another court date, do I have to start the process all over again? Due to the return receipt

the return receipt was not signed by my wife and I went to my court date and the judge gave me another court date, do I have to start the process all over again?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Mar 12, 2021

From these limited facts, it would appear the judge gave you additional time to complete service upon your wife. If she doesn't sign the return receipt then you will not be able to proceed with your lawsuit (because she has not been served). I would recommend you pay the sheriff their $30.00... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: My Wife's family all have COVID. She wants to bring our 1 yr old to their home for a full week. Do I have legal options?

My soon to be ex wife is taking my son out of state to her parents home where at least 4 people have COVID. Are there any legal routes I can follow if my soon contracts COVID while there?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Mar 5, 2021

If you don't have an existing custody case, I would consider filing one ASAP. If you have an existing case, you may want to file a Motion for Emergency Custody before she leaves alleging that the child will be exposed to a substantial risk of bodily injury. Some judges may agree that such a... Read more »

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Civil Rights for North Carolina on
Q: Can I move back to the marital home if my spouse moves out after he was granted possession with a DVPO?

He'll tell the real estate agent he is moving out. If he is gone for 30 days and I'm there, I have a right to privacy. He wants to move in with the other woman to sell the house. He was granted possession. The home is jointly owned by myself and him. I can cancel the sale before the 45... Read more »

Ben Corcoran
Ben Corcoran answered on Mar 1, 2021

I am answering these questions as if the house is in NC, I am not sure given that your address is listed in VA, if the house is in VA then my answers may be wrong.

If he was granted possession then no you cannot move back in without something terminating his exclusive possession....
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2 Answers | Asked in Real Estate Law, Divorce, Estate Planning and Family Law for North Carolina on
Q: My husband and I separated July 2020, the mortgage lists both names, am I still financially responsible for late pmts

We both agreed that he was going to keep the house and will refinance it to remove my name. I still pay the HOA fees and the water bill there.

Ben Corcoran
Ben Corcoran answered on Feb 19, 2021

Until your husband refinances, imagine that you cosigned the loan. My suggestion to you is that you should not deed your interest to him until he refinances.

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1 Answer | Asked in Divorce for North Carolina on
Q: Does a complaint for absolute divorce have to be amended if the date of birth of a minor child was incorrectly put in?

Child was born 1/02/2019; accidentally wrote in 2018.

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Feb 11, 2021

It should be corrected - yes. There are several different ways to do this. If you did the divorce yourself, this is one of the prime reasons that is always a very bad idea. Especially considering that the only reason to even consider doing it yourself is to save money and with several NC firms... Read more »

1 Answer | Asked in Child Custody and Divorce for North Carolina on
Q: I lived in Philadelphia up until March 2020. my sons father took me to court for custody plenty of times he was denied.

I moved to NC he decides to take me to court for custody. He gives them my old Philadelphia address not my NC address. Can he take custody? And because he lied and gave an old address knowing my new address is that grounds to move my case to NC?

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Feb 6, 2021

If the children are with you in NC and have been here for at least six months - jurisdiction is likely here in NC unless another court retained jurisdiction. If the father sued for custody in NC but gave an old Philadelphia address for you there would be no benefit to doing that because you... Read more »

1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: Both parents are on the deed. They are divorced but father dies, I'm the only heir, does my mother have rights to home?

In the divorce decree it states, she will sign over at will. No where in the decree that it states is she entitled to or awarded to the estate. She doesn't live in the country and she's not a citizen of the United States.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Feb 3, 2021

This is a cop-out of an answer, but you would need to speak to local real estate attorney on this issue, as they would need to look at the specific language on the deed and the divorce filings. I'm not sure there is an easy answer with mom being out of the country (her citizenship status... Read more »

1 Answer | Asked in Child Custody and Divorce for North Carolina on
Q: How can I legally leave the USA with my son if I want to divorce my husband and want to move back to my home country ?

Im currently thinking about divorcing my husband but I’m worried that if I do he will take back his permission to move back to Germany with our son like he and I agreed on I don’t have anything in written or notarized but I’m kinda curious what rights I have and what would be important to... Read more »

David Allan King
David Allan King answered on Jan 21, 2021

In North Carolina, spousal and custody agreements have to be in writing and notarized. For custody matters, the court can ignore any agreement you make regarding custody if they feel that's in the best interests of the child. Typically, you also have to disclose all material facts (like your... Read more »

1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for North Carolina on
Q: I'm trying to find pro bono legal support for a friend experiencing an alcoholic/abusive husband. Location: 28117

Mooresville, NC location. Couple has one son together, 13 years old. They own a home in husband's name. She owns her own business. They have 2 dogs and 2 cars.

David Allan King
David Allan King answered on Jan 21, 2021

I'm not clear what the question is. There are some pro bono programs for domestic abuse victims. They usually focus on restraining orders and the like, rather than property and divorce. They also usually have more cases than they have resources to handle.

1 Answer | Asked in Divorce for North Carolina on
Q: What does mutual release of property rights within a legal separation agreement mean?
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Jan 18, 2021

A common answer to any legal question is that "it depends," but that is particularly true here where I don't have access to the specific language you are referencing. Depending on the actual language used, it might mean that both parties are releasing (waiving) any other claims they... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Military Law for North Carolina on
Q: 100% disabled veteran. Him and wife divorce. They have 1 kid and a house. Is she entitled to his disability if divorce.

He had been getting 100% military disability before they married.

Paul Ylvisaker
Paul Ylvisaker answered on Jan 4, 2021

No. By federal law is not divisible or an asset of the marriage to be divided. However, the income can be used in calculating child support in most states.

1 Answer | Asked in Divorce and Estate Planning for North Carolina on
Q: Divorce my elderly husband but still taking care of him

I am much younger than my husband and we have not been actual husband and wife for many years although we were never divorced. I wouldn’t mind taking care of him but need to divorce him now so I can seek other life partner. What would be your best recommendation? He is in North Carolina and I am... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 23, 2020

If you are at all concerned about the liability of your assets for the payment of your husband’s long term care you should consult with an elder law attorney in the state where he is likely to receive the care. It is not clear which state that is. The laws of the states of California and North... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: Anything that can be legally done if a spouse is working but not contributing or helping with household expenses?

My husband is working full time but claims to not have money for bills and household needs. Is there something I can do since he isn't helping financially?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Dec 21, 2020

Legally done? No, there isn't a way you can legally force your spouse to contribute to the household bills. He can't force you to do anything, and you can't force him to do anything.

You are on a site full of divorce attorneys, so perhaps you'll receive some feedback...
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3 Answers | Asked in Divorce for North Carolina on
Q: what would an attorney advise if you are considering a divorce and wanting to move out?

My husband spoke to an attorney and wanted to understand his rights and what he would need to do to start the separation process. Could he move out and it not be considered abandonment? I guess I'm trying to find out if he would have been advised to not leave the house and to do other steps first?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Dec 21, 2020

I'm not going to speculate on what some other attorney may or may not have told your husband, but I can say that "abandonment" isn't a distinct legal claim and is usually not something I spend a lot of time talking about with clients who have yet to separate. Abandonment might... Read more »

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1 Answer | Asked in Divorce for North Carolina on
Q: My spouse filed a DBB against me.We have been physically separated for 1 year and 4 mo. Can I file an absolute divorce?

I moved out July 27 of 2019, I have paid for everything at the house and paid her monthly for our son. I would like to know if I can essentially counter file against her for absolute divorce instead of the DBB, as far as I understand it a DBB gives us another year of legal separation where I have... Read more »

Melissa Averett
Melissa Averett answered on Dec 20, 2020

Divorce from Bed and board in no way tolls the one year separation for eligibility for divorce. You can absolutely countersue for an absolute divorce and schedule it as soon as legally possible. But more importantly what you need to do is consult with an attorney in your area regarding your options.

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