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North Carolina Divorce Questions & Answers
2 Answers | Asked in Divorce and Family Law for North Carolina on
Q: if i bought my home with my inheritance, is my husband entitled to half? I'm the only one on the deed.
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 17, 2020

He shouldn't be entitled to half, but would potentially have a claim to a smaller fractional interest. He may have a claim to any mortgage principal reductions made during the marriage due to the monthly mortgage payments. He may have a claim to the active appreciation of the home during the... Read more »

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2 Answers | Asked in Divorce and Family Law for North Carolina on
Q: if i bought my home with my inheritance, is my husband entitled to half? I'm the only one on the deed.
Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 17, 2020

Likely not. However, if you bought the house during the marriage, he likely will have some nominal marital interest.

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1 Answer | Asked in Divorce, Domestic Violence and Family Law for North Carolina on
Q: My Ex has recently been arrested & I'm wanting to divorce him but it hasn't been a complete year yet can i say it has?

I have a past with him with domestic violence and he cheated on me all the time I finally found a amazing man that treats me the way a women should be treated......

Could I divorce in any faster even though it's not been a complete year but it's been a little over six months as... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 14, 2020

You are essentially asking if you can lie to the court. The answer to that is - yes, you can. However, if you do and get caught it is potentially a felony and you may end up being with your husband in jail. There is no legal way around the one year separation requirement in North Carolina.... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: Can my x legally fill out a school form saying he has custody and I don’t if no custody papers were done

We never had custody papers done as were share, but I recently came across a form that he filled out saying I do not have custody, I feel this is to make me look bad

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 14, 2020

There is a difference between whether he can and whether he ought to in the sense of it being right or legal. Since he has done it - obviously he can, so the real question is whether it was right or legal for him to do so and the answer to that is not so easy. If there is no court order or... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: For NC, at what point in time is the supporting spouse's income used to calculate alimony?

For example, say the supporting spouse was making $50,000 as of the date of separation but got a raise 9 months later to $75,000. Should the alimony be based on the $50,000 or $75,000? Also, is this county dependent?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 3, 2020

There isn't one answer and It is really going to be judge dependent. You would make the argument that it should be based on the $75,000, the other side will make the argument it should be based on $50,000, and most likely the judge would factor both of those amounts into their final award.... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: would screenshots of my spouse's texts with another man be enough to avoid alimony in a divorce?

I have screenshots of text messages between my wife and another man that show that their relationship is more than just friendship.

David Allan King
David Allan King answered on Aug 23, 2020

In North Carolina, alimony is awarded based on a "totality of the circumstances" test. Cheating (or baseless accusations of cheating) are one of the factors the judge considers, especially in determining the amount. However, your spouse is not legally-barred from pursuing alimony as a... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: Can my husband go to jail? I received divorce papers from him, we live together & he says we have been separated 1 year.

We have been living together as husband and wife, in the same house as a married couple. I was served with divorce papers, out of the blue, for an absolute divorce. It states we have been separated for one year and we have not. We were married in 2013 and have been together on and off. However... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 21, 2020

Yes, he can for felony perjury and he likely should. More importantly so can you, if you go along with it. You have the right idea about consulting with a local attorney, so go do that as soon as you can to get options on how to best deal with this and a separation if that is ultimately what you... Read more »

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2 Answers | Asked in Divorce and Family Law for North Carolina on
Q: State: NC What are my rights as husband if I move out of our residence prior to reaching divorce agreement?

Married 22 years, two children ages 18 and 21. Youngest child currently living at home while enrolled in college taking online classes during COVID. Wife has been stay at home mom entire marriage. We have reached an impasse on our relationship. I need to move out to avoid further arguing and... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 18, 2020

This question can only be fully answered through a consultation with a family law attorney. That said, you've got to consider (1) how to equitably divide your marital property, and you've got to consider (2) whether any spousal support should be paid.

The property that needs to...
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1 Answer | Asked in Divorce for North Carolina on
Q: Can his lawyer change signed separation papers to divorce papers without both parties consent?

We both signed a separation agreement in May of this year. The document was supposed to be filed in June. I found out a few weeks ago that the document was not going to be filed until the end of this month and that his lawyer is filing divorce papers. He also recently reported the tags on my car... Read more »

David Allan King
David Allan King answered on Aug 10, 2020

Separation agreements are private contracts that are generally enforceable once signed and notarized. They do not always need to be filed with a court.

"Divorce papers" typically refers to the Complaint and Summons, two legal documents that must be filed with the court and served...
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1 Answer | Asked in Divorce for North Carolina on
Q: Can I get alimony if legal aid helps with my divorce?
Melissa Averett
Melissa Averett answered on Aug 3, 2020

It appears that you're posting from Tennessee. Are you getting divorced in Tennessee? If so you need to post your question in the Tennessee forum.

Legal aid typically does not handle divorce cases in North Carolina. You can go to a workshop where they'll show you how to fill out...
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1 Answer | Asked in Divorce, Family Law and Personal Injury for North Carolina on
Q: i'm 16 this woman plans to get married to my step dad refuse to even let me speak with him shes never met me what do i

she has also been threatening my step fathers sister and is going to court aug 7th but i wanna know what can i do cause my mom and him are not officially divorced shes highly controlling a liar.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 3, 2020

I'm afraid I can't help you very well as I don't understand the various relationships and don't think I comprehend what you are asking. That said, you are unfortunately only 16 and don't seem to have a lot of legal options at this point. Perhaps things would be different... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: Wife got house in the separation but has been steadily behind on the payments, does that forfeit the house to husband

Divorce papers not signed yet

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

We'd need more information to answer your question. Your use of legal terminology is likely not accurate. For example, not sure what you mean by 'divorce papers'. Do you mean a Separation and Property Settlement Agreement? If so, if it isn't signed - how did she get the... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: I received my home in a previous marriage settlement. I am the sole name on the deed. Do I have to split proceeds 50/50?

I remarried in 2011 and have solely supported household for 5 years with present husband refusing to work. He claims he’s entitled to half of sale of the home. It’s this true? I want to separate and divorce.

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 23, 2020

Of course not. Based on your description, he may have some extremely minor marital interest but likely nothing of significance - so essentially, he likely has zero leverage against you. The best way to handle this is to sit down and be fair with each other and resolve all your marital issues with... Read more »

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 »

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