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North Carolina Divorce Questions & Answers

2 Answers | Asked in Divorce and Family Law for North Carolina on

Q: I have a 50B no contact on my wife. After I told her I was separating because the relationship is toxic.

In my case I want to file for bed and board divorce and I’m moving our before the 10 days on the 50b. What if she files the bed and board before me? Or what if we both file at the same time?

Amanda Bowden Houser answered on Sep 16, 2019

First, you'd need an attorney to file a divorce from bed & board (which BTW despite the name is not an actual divorce) - that isn't something you or your spouse could do yourselves. Second, there's no way it'd be ready or even needed if you are moving out in the time frame you say you are.... Read more »

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2 Answers | Asked in Divorce for North Carolina on

Q: What other options do I have to have my ex husband served the divorce papers if he does not pick up certified mail.

I filed for divorce 8/4/19, he did not collect the 1st copy I sent by certified mail. I sent a second copy 9/2/19. I do not want to miss the 90 day deadline to have a courtdate issued.

Melissa Averett answered on Sep 15, 2019

If he's not served within the first 90 days, you just have to issue a new summons, and have law enforcement try to serve him.

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1 Answer | Asked in Divorce and Family Law for North Carolina on

Q: Requirement to provide ex with current relationship details?

My GF's ex husband is requesting she give him my address, full name, and birth date. I am against this because he has a history of domestic abuse, and he lied to the parent coordinator in order to get this info. He claimed her children spend nights at my house, but that is not true. And I've... Read more »

Amanda Bowden Houser answered on Sep 11, 2019

Neither you nor your girlfriend are required to provide this information. However, unless the ex is a total idiot he can likely find out everything he wants to know about you whether you like it or not. If you have safety concerns - get a gun.

1 Answer | Asked in Divorce for North Carolina on

Q: How do I get a copy of my divorce back in the late 80s if I have no idea where or when it was filed?

Amanda Bowden Houser answered on Sep 4, 2019

If you at least know the divorce was granted in North Carolina, the most common place people file is the county they resided in. So you pretty much have to give it you best guess and start contacting the clerk of civil district court for each of the 100 North Carolina counties until you hit a... Read more »

1 Answer | Asked in Divorce for North Carolina on

Q: divorced 3 years but have not had an ED settlement judgement on anything... can a judge force me to quit claim a house?

There has been no Ed hearing or even pre-trial my ex wants to re-finance but lies on everything.. he wants to take me to court to have a judge rule to force me to sign a quit claim... is this legal?

Amanda Bowden Houser answered on Aug 30, 2019

Sounds very much like you do not have an attorney of if you do, that you have paid them to complete the job. The short answer to your question is, yes, under certain circumstances, a Judge can take your property. They don't even need to force to to sign anything - the Judge will just sign your... Read more »

1 Answer | Asked in Divorce for North Carolina on

Q: I filed divorce in Wake Country and my ex filed a 30 day extension but never responded after that.What do I do now?

Amanda Bowden Houser answered on Aug 21, 2019

You should have hired an attorney - it likely would have been cheaper and you wouldn't have had to bother schlepping to court or dealing with surprises. Typically, in Wake county if the 30 day extension has expired, you will likely need to file a Motion for Default Judgment (also called a Motion... Read more »

1 Answer | Asked in Divorce for North Carolina on

Q: Can a divorce lawyer in NC handle a divorce from Massachusetts?

Wife with parents in Chapel Hill, NC, but husband and home is Massachusetts.

Amanda Bowden Houser answered on Aug 20, 2019

If the divorce is done in North Carolina - yes. If the divorce is done in Massachusetts then no, unless the attorney is also licensed there but even in that case travel with likely be cost prohibitive expense. If you expect the divorce to be uncontested and wife has resided in NC for at least the... Read more »

1 Answer | Asked in Divorce for North Carolina on

Q: Husband owns the house we live in been there 20yrs.

Husband wants me removed within a week is that legal in NC. No paperwork filed.

Amanda Bowden Houser answered on Jul 30, 2019

Is it legal for him to want it? Sure, he can want what whatever he wants. However, you have a marital interest in the property so he can not legally force you out unless you want to leave. You likely need to consult with a local family law attorney ASAP who can review your situation in more... Read more »

1 Answer | Asked in Divorce for North Carolina on

Q: My wife and I separated over a year ago and I hired a non contestant attorney to handle my divorce.

She won't sign. She requested a 30 day extension and it's been 60. I haven't heard anything. What should I do? The attorney can't do anything else since she's contesting. I think she want half of my 401k. We have no children or any property to divide.

Amanda Bowden Houser answered on Jul 21, 2019

None of what you are saying makes any sense what so ever. You say she won't sign - I can only think you mean sign for service of process because that's the only thing she'd need to sign for. She is not required to sign any paperwork in order for you to divorce her. You then say she requested a... Read more »

1 Answer | Asked in Divorce for North Carolina on

Q: CaN I get a free divorce in north Carolina if my spouse he is in prison for next 7 to 9 years. We been separated 2016

Amanda Bowden Houser answered on Jul 14, 2019

You may qualify to have court cost and service of process fees waived IF you are indigent (extremely low or no income) but you will still have to do quite a bit of work to do yourself which the court is not allowed to help you with. Even if you are indigent and eligible to have court cost waived,... Read more »

1 Answer | Asked in Divorce for North Carolina on

Q: If my husband and I decide to try and work it out, can I still press Alienation of Affection charges on the mistress?

They work together, I have proof that she asked and knew about me and pursued him further, via witness testimony (other employees). I have witness testimony of them being together, and even the higher ups have said something to him because he was happily married.

Amanda Bowden Houser answered on Jul 9, 2019

You can but you need to make sure she has non-exempt assets that can be gotten otherwise even if you win the case (which even in the best of circumstances, the odds are never good) you will likely end up with a judgment that has about the same worth as used toilet paper.

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on

Q: My boyfriends ex wife will not allow their children to have any contact with him verbally or physically. Is this legal?

My boyfriend and his ex-wife are separated,but are not divorced as of yet. Hey do you have a mediation appointment set for the first week of August. There is no court order or motion for anything in regards to custody, child support, or alimony. But what we have looked up, he still has equal... Read more »

Amanda Bowden Houser answered on Jun 30, 2019

It is legal if she has good cause. However, likely she does not have good cause and is just using the children as a way to be vindictive. If she does not have good cause, doing what you describe her to have done will make her look bad in court and may also be a crime. Your boyfriend, needs to... Read more »

2 Answers | Asked in Divorce for North Carolina on

Q: i only make 1000 dollars a month i cant afford a lawyer who can i talk to about getting a divorce pro bono

i have not been with this woman for over 30 years we have 1 child and he is grown

Amanda Bowden Houser answered on Jun 28, 2019

The only way you will save money doing your own divorce id if you are indigent (extremely low or no income) and eligible to have court cost waived. You may not qualify. However, if you make a $1000 a month - you can afford us. Visit easyncdivorce.com to see if our service is a good fit for you.... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Custody for North Carolina on

Q: Ex wife and I got divorced while she was pregnant and didn’t report it on the divorce papers. Do I have rights?

Amanda Bowden Houser answered on Jun 26, 2019

If the child was not yet born, you are not supposed to 'report' it on the divorce paperwork. As to rights, if you are the father - you have rights. You may have to assert your rights but you do have them.

2 Answers | Asked in Child Custody, Divorce and Family Law for North Carolina on

Q: I think my husband is trying to get me for abandonment and child custody. What should I do?

Husband is in family home after work with children until I come home after work and a beer at my apartment. He made it impossible for me to stay there. I got apartment to get away from him yelling at me and all the arguing. I always sleep at home with my husband and children. My husband is starting... Read more »

Angela L. Haas answered on Jun 25, 2019

It is fine that you got an apartment; however, it sounds like you need to file for custody as soon as possible. There are other things you can do to protect yourself and the evidence which you will need for your case. Consult a separate attorney about how best to go about this, if your current... Read more »

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1 Answer | Asked in Divorce for North Carolina on

Q: I'm divorced & i moved out for the 1 year separation. The house & deed is in my name only. How do I get my ex husband

Out my house?

Amanda Bowden Houser answered on Jun 22, 2019

I am assuming you did your own divorce because the way you are describing things is not typical. If the house is in your name only, why were you the one to leave to start the separation period? And if you are already now divorced why was this issue not resolved during the divorce? At this point,... Read more »

1 Answer | Asked in Divorce for North Carolina on

Q: My mother is in a legal separation. The house is only in her name, Can she sell it without the spouse?

Amanda Bowden Houser answered on Jun 18, 2019

Depends on what you mean by 'legal separation'. There is no such thing in North Carolina but if you mean she has entered into a formal written separation agreement then it is possible that it could have been drafted so that she can sell the property. Without looking at the agreement or any other... Read more »

1 Answer | Asked in Divorce for North Carolina on

Q: Is there precedence to not give half of my retirement to my ex if their plan is to burn though it in the first 2 years?

Her family is handling everything for her due to a disability. They have aid lined up for her care, but it won't start until her assets are $2000 or less. They plan on taking early withdrawal on the retirement funds from me, then using them up so her aid will kick in. I want to be fair about... Read more »

Amanda Bowden Houser answered on Jun 11, 2019

The bottom line is if she is entitled to a portion of your retirement - you ought not get to dictate how it is used. In essence, what you are suggesting is that because you don't approve of how her family plans to spend the portion of your retirement that she is entitled to - you basically think... Read more »

2 Answers | Asked in Divorce for North Carolina on

Q: How do I get I divorce from my husband who is refusing to sign divorce papers?

We have been separated since 2008. He resides in Maryland and I have been living in NC since August of 2018. I don’t have the money for a high priced attorney and he knows that by him refusing to sign I will have to spend more money. Are there any attorneys in Wake County that are willing to... Read more »

Amanda Bowden Houser answered on Jun 9, 2019

If you are filing in North Carolina, then you do not need your spouses's permission, consent or for them to 'sign papers' to divorce them. If you meet the eligibility requirements for a divorce all the is required is that they be properly served. Once that happens, there is nothing your spouse... Read more »

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1 Answer | Asked in Divorce for North Carolina on

Q: Do we need a "separation agreement" to get divorced?

We got married in NC and he just moved to WA. He states he is planning on filing for divorce in WA. Do we need a "separation agreement" tp move forward with a WA divorce? Will a NC issued "separation agreement" be acceptable in WA? All of our joint acquisitions are in NC.

Amanda Bowden Houser answered on May 29, 2019

I have no idea what WA requires but in NC a Separation Agreement is often very helpful but not required. A separation agreement is a simple contract that resolves marital issues such as division of property / assets / debts, child related issues, retirement, taxes etc. It will usually keep over... Read more »

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