Get free answers to your Divorce legal questions from lawyers in your area.
An elderly man married a woman 13 years younger who has allegedly used him and spent his money. He is unaware that she is still married to another man in a different state. His family has hired a private investigator due to her alienating behavior and other red flags. What legal actions can be... View More 
answered on Mar 20, 2025
There is a lot to unpack there. Firstly, he didn't marry anyone. If she was married to someone else when she "married" that elderly man, the marriage to the elderly man is void (bigamy is illegal in NC).
Secondly, if she abused his funds, she could be guilty of a felony... View More
I am divorced but I can't get my ex to finish the ED. It's been 4 years already and there's always a "reason" for it to be continued when we go to court for it.
He hasn't lived here in 5 years. I pay all the bills, live here with the kids and he is not... View More
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answered on Jul 2, 2024
This is a complex situation involving divorce, equitable distribution (ED), and bankruptcy law. Here's a general overview of steps you might consider, but please note that you should consult with a local attorney who specializes in both family law and bankruptcy for specific advice:
1.... View More
Both parties heave signed and notarized the separation agreement and have been separated for 2 years.
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answered on Jun 8, 2024
In North Carolina, once a couple has been legally separated for at least one year and one day, either party can file for an absolute divorce. The one-year separation period begins from the date the separation agreement is signed and notarized, or from the date the couple physically separates,... View More
Can my husband have me arrested or even trespassed from the house and property that I own SOLELY and have owned since before the marriage? I would assume I can come and go as I please to my OWN house and property?… he just keeps threatening to have me arrested if I step foot on MY property? Is... View More
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answered on May 14, 2024
Is there an order from a Court preventing you from going there? If so then husband can have you held in contempt. If no, then he plans on setting you up for an arrest which gives him leverage. You may wish to sell the home, or file an action for possession against him. You must hire a NC... View More
My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More
answered on Mar 30, 2024
Yes if one spouse is in comparative or if there is at treat that the house will be lost through foreclose, you can request a judge to issue an order to stand the sales process another reason to compel a sales is if you need funds to survive on during and after divorce , this could encode paying... View More
My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More
answered on Apr 1, 2024
Contact an attorney and ask about a "Petition to Partition"; be sure to show them a copy of the agreement. Hopefully, the agreement will no longer be enforceable, and you can get half of your interest out of the property, especially since real estate values have significantly increased... View More
I have been married to their father (who is a narcissist) for almost 20 years. The kids are high school age. The marriage is abusive- emotionally and sexually and has been for a very long time. I am ready to leave. However, a relative of his owns our home. It is his one day inheritance. We do not... View More
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answered on Feb 7, 2024
In North Carolina, you can move out of the family home with your children, especially in situations involving abuse. However, it's important to proceed carefully to avoid potential legal complications, particularly concerning custody. Without an existing court order, both parents typically... View More
I paid off all my husbands student loans, most were from before we were married. He cheated on me so we are getting a divorce. Can I sue him for the cost of the student loans?
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answered on Jan 11, 2024
In North Carolina, the division of assets, including the repayment of debts, is typically addressed during divorce proceedings. However, the treatment of student loans can be complex, especially if they were acquired before the marriage. Generally, debts incurred before marriage are considered... View More
I live in North Carolina and have filed for divorce from my spouse. He refuses to provide his address, so I sent the paperwork through certified mail, but he has not retrieved them from the post office for over a month. I also tried regular mail and reached out to him personally and through family... View More
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answered on Apr 14, 2025
If your spouse refuses to accept certified mail or provide an address for service, and you've already attempted regular mail and personal contact, you may be able to serve him by publication. In North Carolina, if you cannot locate your spouse or serve him directly, the court may allow you to... View More
On March 25, 2025, I plan to visit the clerk of court in Henderson, NC, to obtain a court date for my divorce hearing. My wife and I have been separated for almost five years. She is currently hospitalized in New Jersey, and her Medicaid has run out. As we are still legally married, I am considered... View More
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answered on Apr 13, 2025
To expedite your divorce hearing, you can request an expedited court date by filing a motion with the court. Explain your situation, including the separation, the length of time, and the medical decision-making concerns. The court may grant an expedited hearing if it finds that your circumstances... View More
I have been separated from my ex-wife since 2017, and we agreed to start the divorce process a year ago in Virginia, where she currently resides, while I have been a North Carolina resident since 2018 and frequently travel across the country for work. We've already submitted the paperwork and... View More
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answered on Apr 13, 2025
Since you’ve been a resident of North Carolina for several years, you may be eligible to file for divorce in that state. North Carolina allows residents to file for divorce if they have lived in the state for at least six months. Given that you’ve been separated since 2017 and have met the... View More
I divorced on May 9, 2023, and we have one real estate property in Huntersville that wasn't included in the settlement. The house is currently vacant and waiting for sale. We haven't reached an agreement on this asset. Can this issue be settled unilaterally in court, and are there any... View More
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answered on Apr 13, 2025
In North Carolina, real estate issues post-divorce typically require both parties' agreement or a court order to resolve. Since the property was not included in the divorce settlement, it remains a matter to be addressed separately. You cannot unilaterally settle the issue in court; both... View More
I am preparing for a divorce after 17 years of marriage. My wife and I decided to separate last June, with the divorce upcoming in a few months. She initiated the conversation about divorce while I was involuntarily unemployed and severely depressed. She bought the house we lived in before we met... View More
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answered on Apr 13, 2025
Based on North Carolina family law, you may have a potential claim to some portion of the increase in equity that occurred during your 17-year marriage, despite not being on the deed. North Carolina follows the "equitable distribution" approach to property division, distinguishing between... View More
I'm seeking a cost-effective way to get a divorce. There are no children and no joint financial assets, but we do have one car that my spouse is still making payments on. What would be the best approach to handle this situation?
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answered on Apr 12, 2025
North Carolina Divorce Process Analysis
North Carolina offers several cost-effective divorce approaches for situations like yours, with an absolute divorce being the most straightforward option since you have minimal shared assets. North Carolina law requires a one-year separation period... View More
I have been living in my home since obtaining a restraining order against my ex-husband, which remained in effect during our divorce proceedings three years ago. The divorce was finalized without any specific mention of transferring property taxes to my name, although the property deed is now... View More
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answered on Apr 12, 2025
In North Carolina, property tax records are typically updated based on the deed recorded with the county Register of Deeds. Since your deed now solely lists your name, the property tax records should reflect this change. However, to ensure that the tax records are updated accordingly, you may need... View More
I'm currently separated from my wife, who is not living in our home due to infidelity and a restraining order related to her attempt to harm our children. We jointly own and have paid off two cars. She recently stole the car titles and threatened via text to unregister the cars out of spite.... View More
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answered on Apr 11, 2025
That sounds like a highly stressful and emotional situation, and it’s good that you’ve taken steps to protect yourself and your children. In North Carolina, if both cars are jointly titled in your name and hers, neither of you can legally unregister or transfer ownership without the... View More
He purchased a house but did not place my name in deed. What are my rights? I have lived in another state and my kids and I didn’t move until about 1-2 yrs after his house purchase.. What is your advice?
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answered on Oct 31, 2024
In North Carolina, debts accumulated during your marriage are generally considered joint responsibilities, even if only your husband’s name is on them. This means you might be held accountable for these debts during and after your divorce. However, if the debt was for his personal expenses and... View More
She owned the house before she got married to the man, and they were only married for 3 weeks before separating. So the question is, if filing for absolute divorce, does she have to mention the house that she owns solely and has owned since before the marriage? It’s definitely separate property I... View More
answered on May 14, 2024
This is a question for her divorce attorney, but from a real estate perspective, yes, she is the sole owner of the house.
answered on May 7, 2024
From a real estate perspective, if you own the house, then yes, you have every right to use it. However, other factors may prevent you from doing this, such as court orders. I would advise speaking with a local attorney since this appears to be related to a divorce.
The service took place several years ago and I cannot locate my spouse (somewhere in NY, I think)
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answered on Apr 9, 2024
You may need to hire a NC attorney to file a Partition Action. The other owner's money might be held by the
Court until he claims it, and withdraws it by Order of the Court.
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