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 »
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 »
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 »
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?
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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.
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 »
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.
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 »
"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 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 »
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 »
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 »
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.
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 »
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 »
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 »
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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