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North Carolina Divorce Questions & Answers
1 Answer | Asked in Divorce for North Carolina on
Q: So me and my ex husband got a divorce. He keep the dog and I got stuck with the vet bill can I sue for the money. NC

The credit debt has been given to a debt collector. He has all the log ins, refuses to pay and the people wont give me an option to reset log in so i CAN pay even if i wanted too cause he was the cosigner and the one that signed us up for it in the first place.

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 10, 2020

It sounds very much like you divorced without consulting with an attorney. If so - that was likely a bad idea. The time to have resolved mutual marital debt (and a whole host of other marital issues) was during the divorce. If you did not do that, you are now likely barred from having the court... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: What do I put in the blanks? (Wake County, NC)

"THIS CAUSE, coming to be heard and being heard before the undersigned District Court Judge at the (blank) 20 (blank) Civil Session of District Court of Wake County, on Plaintiff's Complaint for an absolute divorce, and the Plaintiff, appearing pro se...

I go to court tomorrow... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 9, 2020

Those appear to be blanks for the date. You will likely be unsuccessful tomorrow, If so, you should really consider hiring an attorney who knows what they are doing instead of Google.

1 Answer | Asked in Divorce for North Carolina on
Q: Getting a divorce. Husband has outside child unknowing to wife. Now she knows & wants child support
Amanda Bowden Houser
Amanda Bowden Houser answered on Jun 26, 2020

I am not sure I follow your question. It seems like you are saying husband had a child with another woman and wife at one time did not know. However, wife now knows and wife wants child support. If that is the case, wife is not entitled to child support if the child is not hers. Regardless,... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: Divorce If I move out, will I get financial help before the divorce (child support/alimony/ssi). Husband pays for things

Husband works 2 full time jobs and a part-time job. I work part-time from home. Aug marks 11 years of marriage. We have 10 yr old with autism. We rent a townhouse and everything is in his name. Should I move out? If I do, can I get financial help before the actual divorce? I just don't have... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jun 25, 2020

Generally it is best to resolve your marital issues before moving out. The easiest and least expensive way to resolve all your marital issues is to be fair with each other and have your agreements put into a formal written Separation and Property Settlement Agreement. This can be done very... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: Is a spouse entitled to any portion of your inheritance when divorcing?

My spouse and I married April 2019, and he abandoned the marriage in April 2020 but stated he is going to take half of my inheritance is this possible? My mom's estate is not even closed, but she died before we were married.

Amanda Bowden Houser
Amanda Bowden Houser answered on Jun 19, 2020

Typically, inheritance is your separate property and your spouse would have no claim to it - even during divorce. You would have to do something like co-mingle funds into a joint account or gift portions of the inheritance to your spouse for your spouse to have a claim. As long as you keep the... Read more »

2 Answers | Asked in Divorce and Family Law for North Carolina on
Q: I want a divorce and my husband refuses to leave the house. I have the mortgage in my name he is on the deed, help in NC

He has been emotionally abusive, saying negative stuff about me to our 22 year old daughter. He has been sleeping on the couch for years I keep asking him to please move I am miserable living with him. I have paid the mortgage by myself for over 11 years, he has only paid half of the mortgage... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jun 13, 2020

Assuming you want to limit things to your legal options, your best bet is to simply shop around and consult with a local family law attorney regarding the possibility of filing a Divorce From Bed and Board. This is a way to essentially have the court force him to move out whether he likes it or... Read more »

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1 Answer | Asked in Divorce for North Carolina on
Q: I mailed divorce papers 2 my wife who said she'd cooperate. She won't acknowledge receipt. Can I reserve the papers?

She lives in Florida, so I would like to go through the sheriff or third party to serve the papers.

Amanda Bowden Houser
Amanda Bowden Houser answered on May 31, 2020

Depends on what you mean by 'she won't acknowledge receipt'. Did you send the mail certified with a PS Form 3811 attached? If you didn't - you didn't do it right. If you did and she signed for the certified letter, the return PS Form 3811 is all the acknowledgement you... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: Trying to file an uncontested divorce in NC how much does it cost
Amanda Bowden Houser
Amanda Bowden Houser answered on May 27, 2020

Our firm charges a total flat rate fee of $395 to do everything for you, which if your spouse is somewhat cooperative and willing to sign for service of process by certified mail, would cover everything needed for a standard uncontested divorce including court cost and other fees. It often works... Read more »

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3 Answers | Asked in Tax Law, Divorce and Family Law for North Carolina on
Q: I live in NC I do not work I’m a homemaker my husband and I file married joint tax returns. If we get a refund 50/50

Do we split it 50/50 or Im I not intitled to any of it.

Katlyn Ashley Reh
Katlyn Ashley Reh answered on May 23, 2020

If you and your husband are married and file your tax returns jointly, any refund received will be in both spouses names, and it should be divided equally.

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2 Answers | Asked in Divorce for North Carolina on
Q: My daughter and 3 children live in NC. He estranged husband lives in VA. Which state does she file for divorce?
Amanda Bowden Houser
Amanda Bowden Houser answered on May 9, 2020

If she has lived in NC for at least the last six months and has been separated for at least one year, it would likely be better for her to file here in NC. If she just wants a simple divorce that can be done very easily and affordably.

The easiest way to get started is to fill out the...
Read more »

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1 Answer | Asked in Child Custody, Child Support, Criminal Law and Divorce for North Carolina on
Q: My ex wife is trying to blackmail me in order to see my kids is that legal
William Jaksa
William Jaksa answered on May 5, 2020

No. You should direct the question to a lawyer that practices family law.

3 Answers | Asked in Divorce for North Carolina on
Q: Can a signed agreement between husband and wife be valid before divorce is filed in NC?

In NC you have to separated for 12 months before your considered separated and can file divorce. My wife won’t leave home until we agree on terms. If we draft a document and sign it will it be enforceable once I file for divorce months from now? I don’t want to give her money and property only... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 17, 2020

If you have car trouble and you are not a mechanic - you hire a mechanic. The same is true for legal work. If you need a properly drafted separation agreement and you aren't an attorney - you hire an attorney. Our firm can draft a fully comprehensive separation agreement tailored to your... Read more »

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1 Answer | Asked in Criminal Law, Divorce, Domestic Violence and Small Claims for North Carolina on
Q: My ex stole my car and is refusing to return it it’s in my name.

My ex and I recently broke up and he has stolen my car and is hiding it somewhere and refuses to bring it back. The title is in my name. Will the police do anything?

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 15, 2020

If by ex you mean husband - the police likely will not do anything. If you mean ex as in boyfriend - then is is possible they will consider it theft. You should call either way. Best of luck.

2 Answers | Asked in Divorce for North Carolina on
Q: My ex wife baptized my son without my knowledge or consent. We have Joint Legal custody. Is this contempt?!

She has primary physical custody. Our order is in Hawaii.

Adam Bull
Adam Bull answered on Mar 20, 2020

Probably not. Religion is a deeply personal decision. With joint custody there should have been communication regarding the baptism however i do not think either parent could force it nor prevent it. This is similar to non essential medical care decisions (dental sealant, HPV,). the law presumes... Read more »

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2 Answers | Asked in Divorce for North Carolina on
Q: Hi. My husband and I own our place together. He wants me to leave. We have about $80,000 in equity.

He also has a pension and we both draw SS. He said he might give me about $700 a month. I only make $790 a month from SS. I don't know what to do. He said that if I stay something bad might happen. I have no idea what to do. I was going to ask him for 1/2 the equity..... But I think he... Read more »

Adam Bull
Adam Bull answered on Mar 19, 2020

Mrs. Boone,

Your are entitled to one half of all assets and potentially spousal support and alimony. You should not give in to his threats.

Please contact an experienced family law attorney who can stand up and fight for you in your location to assist you.

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1 Answer | Asked in Divorce for North Carolina on
Q: do you have free forms for separation/child custody/spousal support available?
Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 11, 2020

What you are suggesting would be the functional equivalent of taking some random pill that you had no idea what it was with the idea that it might help you. And the results would likely be the same as well - maybe it helps maybe it makes things worse. Do you really want to take that risk? Your... Read more »

1 Answer | Asked in Divorce, Real Estate Law and Business Law for North Carolina on
Q: My mother and father are divorced but my mother's name is still on the house does she still have ownership of the house?

They had an absolute divorce and he pays the taxes on the house. The house was purchase with both of their names as 100% ownership

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

They are likely now tenants in common. Typically, this usually undesirable situation happens when people make the mistake of doing their own divorce.

1 Answer | Asked in Divorce for North Carolina on
Q: if a incarcerated woman files for divorce is the divorce automativc

it was an absolute divorce and there was no where for him to sign and he did not fight it

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

No divorces are not 'automatic' - you have to do stuff. Of course, there is no where for him to sign because he isn't required to sign. Essentially if you do not have a piece of paper signed by a Judge or Clerk of Court entitled Judgment of Absolute Divorce - then you are likely... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: My Husband and I signed a sales contract to build a new house in June 2019. We separated 2 weeks later but were not

able to cancel the contract. He is going ahead with the mortgage by himself and I will not be named on the property deed. I believe he intends to live in the new house rather than sell to avoid capital gains tax. I am not intending to claim anything regarding this house in the divorce but am I... Read more »

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

Unless you are on the mortgage you likely won't be liable for anything but anytime real estate is involved, it is best to have a separation and property settlement agreement. If your spouse is agreeable, a separation agreement would protect you both and is quite affordable. Our firm drafts... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: My kids and I moved to NC when I left my X. He is in SC filing divorce paperwork they told him he had to put down they

Live with him or the courts wouldn’t accept it. He won’t even pay child support either. I had already filled out paperwork and all I was asked was if there was a custody battle going on over our children which there isn’t! Don’t have the money to pay for it right now. So I am confused and... Read more »

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

What do you mean he won't pay child support? Just be-bop down to your local child support enforcement office and let them deal with it. It may take some time but odds are they will make him pony up the dough. As to the divorce, divorcewriter.com is a do it yourself site - frankly, most... Read more »

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