North Carolina Questions & Answers

Q: When to Start a Divorce Process?

1 Answer | Asked in Divorce and Family Law for North Carolina on
Answered on Oct 17, 2017

It's a personal preference. You must be separated for one year to file for divorce but there are other marital issues that can be resolved right away.through a consensual separation agreement or court action if necessary. There is no question that being fair with your spouse and resolving things yourselves is the best way to go otherwise all you are really doing if you fight it out in court is paying strangers to decide things you and your spouse could likely decide yourselves for free. A...
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Q: If my boyfriend agreed not to pursue child support against his sons mother in the custody order will he held contempt?

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Answered on Oct 17, 2017

You seem to have answered your own question: "His lawyer at the time told him not to worry about it if he wanted to take it out in the future it will be okay."
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Q: I have a loan with a company haven't missed a payment make my payment on the 14 of every month like agreed but the

2 Answers | Asked in Civil Litigation, Consumer Law and Contracts for North Carolina on
Answered on Oct 15, 2017

Did they inform you of the change in processing date? If not, then their unilateral action tantamounts to a breach of contract that you both signed where 14th was fixed for processing of payment... Contact your local Attorney dealing with Contract and Consumer Law for remedial action.
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Q: 14 year old grandson wants to live with his paternal grandmother in NC

1 Answer | Asked in Family Law for North Carolina on
Answered on Oct 13, 2017
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Q: can my son's father get joint custody if he was in a mental hospital and was arrested for domestic violence

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Answered on Oct 13, 2017

If the key is 'was', as in past tense - then sure. Like any custody action nothing is guarantee and these would be negative considerations that would likely be difficult for him to overcome but not necessarily a slam dunk for you.
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Q: Is a community service sentence an "outstanding judgement"

1 Answer | Asked in Contracts and Traffic Tickets for North Carolina on
Answered on Oct 12, 2017

What they are likely referring to by 'judgments' are any civil money judgments not criminal community service judgments for a minor traffic ticket.
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Q: Divorce and child custody

1 Answer | Asked in Divorce for North Carolina on
Answered on Oct 12, 2017

She can do it if you let her or you can hire an attorney.
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Q: My ex-wife heard rumors about my current girlfriend using drugs. Can she use this against me?

1 Answer | Asked in Libel & Slander and Family Law for North Carolina on
Answered on Oct 11, 2017

If the rumors are true and she can prove it then yes, it can be used against you.
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Q: How would I do the complaint and should I hire an attorney for this

1 Answer | Asked in Divorce for North Carolina on
Answered on Oct 11, 2017

While it would have been nice if you had mentioned what kind of complaint that is really is moot because the odds of a non-lawyer successfully drafting any complaint properly is less than slim and none. If you aren't a mechanic you would never even consider rebuilding your cars transmission yourself - legal work is even more challenging than that.
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Q: Child custody agreement

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Answered on Oct 11, 2017

First, it wasn't the only way to see your child - it was an easy, low cost way to see your child. Second, because you signed it, it is likely legal. Odds are no Judge would have allowed that without good cause. Restricting you to a county is kind of a jerk move on her part, if you want to do anything about it now you need to hire an attorney.
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Q: My husband got a VA Loan in Gastonia, NC in his name, but I had to sign all papers too. can he sell our home without me?

2 Answers | Asked in Divorce and Real Estate Law for North Carolina on
Answered on Oct 10, 2017

It's a sort of pledge deed of which liability rests on both so is recovery by the debtor.
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Q: Divorce

1 Answer | Asked in Divorce for North Carolina on
Answered on Oct 10, 2017

Who cares what your wife states? What matters is what a Judge states in a Court order. You see, your wife doesn't get to dictate the terms of the divorce. She files a divorce complaint and asks for what she wants. You are suppose to respond to the divorce complaint and state why she shouldn't get it and then a Judge will decide. Of course this is the silly expensive way to do things but sometimes you don't have a choice if you have a spouse who won't be reasonable and work with you on a...
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Q: Can my ex wife say that our daughter is not allowed around my new girlfriend in the divorce papers is that legal

1 Answer | Asked in Child Custody and Divorce for North Carolina on
Answered on Oct 10, 2017

She can't but a Judge could especially if you failed to properly respond to the divorce complaint.
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Q: My ex wife is trying to tell me that in our divorce papers that she cannot be around my new wife is that legal

1 Answer | Asked in Divorce for North Carolina on
Answered on Oct 10, 2017

Even if it is not legal, why would you want your ex-wife around your new wife? Besides it doesn't have to be a Court order, if your ex doesn't want to be around your new wife, she has a right not to and she has a right to insist you and your new wife respect that desire.
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Q: I got a ticket for expired tag and expired inspection I went and got them fixed will I have to pay a cost of court fee

1 Answer | Asked in Traffic Tickets for North Carolina on
Answered on Oct 10, 2017

Depends on how nice you were to the charging officer and how nice you are to the ADA. Of course you could pay a traffic attorney $50 to go request a dismissal for you and not have to go to Court.
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Q: My husband has about 25K in unsecured credit card debt he cannot pay. I understand that the credit card company may file

1 Answer | Asked in Consumer Law, Contracts and Collections for North Carolina on
Answered on Oct 10, 2017

Judgments against an individual are only enforceable against assets held by that individual. In North Carolina, real property of married couples is held as a tenancy as the entirety, so the judgment will not attach to this real property. However, other joint assets may be sold or seized to satisfy the judgment. Bank accounts and vehicles are possible to be seized and sold to satisfy the judgment.
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Q: I was stopped for doing 63mph in a 35mph zone. Can I get a prayer for judgement if this is my first ticket

1 Answer | Asked in Traffic Tickets for North Carolina on
Answered on Oct 9, 2017
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Q: I fell thru my porch and hurt my left leg. I been renting this house for 5 years now. Went to ER. Should I sue them

1 Answer | Asked in Personal Injury for North Carolina on
Answered on Oct 9, 2017

Depends on your injury.Why not consult a member of the NC Assn for Justice--they give free consults.
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Q: I am a heir with 2 of my sisters to my deceased parents home and land . I want to move my son into the home and fix it

1 Answer | Asked in Personal Injury and Real Estate Law for North Carolina on
Answered on Oct 9, 2017

If the other sisters are agreeable. Note however if they want to put it on the market, they aren't legally obligated to compensate your son for any fix up work he does.
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Q: Can my landlord demand payment of an unsigned new lease agreement. If my current lease does not end untill the 14 oct?

1 Answer | Asked in Business Law and Landlord - Tenant for North Carolina on
Answered on Oct 8, 2017

Your physical possession did create a right on you to pay for it as agreed through a post-dated check. Rest of the matter is just formalization / documentation. Please note that you already agreed to increase in rent provided you opt to extend the lease and stay in that premises further. However, for new lease keep all options open for the future.

If you have further reservations as missed out in your query, may consult Attorney of local jurisdiction for specific advice.

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