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North Carolina Divorce Questions & Answers

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 »

1 Answer | Asked in Divorce for North Carolina on

Q: We are in the process of getting a divorce. I am in NC and he is in TN. The separation papers says he has to cover me on

insurance for 10 yrs. His employer says they only cover for 60 days. Can the separations paper force them to cover me?

Amanda Bowden Houser answered on May 11, 2019

Of course you can not force his employer to cover you. However, depending on whether you have a valid enforceable agreement and what the wording of the agreement is, you may be able to force him to purchase a separate equivalent insurance policy.

1 Answer | Asked in Divorce for North Carolina on

Q: What is the average cost of a divorce? In NC am I required to split everything 50/50? Will I owe him alimony?

My husband has never really had a steady income nor has he contributed substantially to the family. I feel like I have never really had a marriage.

Amanda Bowden Houser answered on Apr 27, 2019

Alimony is not an automatic thing nor is a 50/50 distribution (though that is assumed to be fair unless there are circumstances that would cause that not to be fair). How much a divorce cost depends on two things: 1) how much money each of you has to spend and 2) whether you are smart enough to be... Read more »

1 Answer | Asked in Divorce for North Carolina on

Q: will a legal separation with property settlement hold up in court. it was signed under distress, and was very unfair

Amanda Bowden Houser answered on Apr 25, 2019

There is no such thing as a legal separation in North Carolina. If you mean a formal written Separation Agreement, as long as it was properly drafted and executed then yes, it will likely be enforceable. Unless you were forced to sign it against your will, it would be very difficult to prove... Read more »

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

Q: been married for 2 years and me and my husband have a 1 year old son, can I move back home to NC and maintain custody?

what if husband will not agree for me to leave to move back home? We currently live in Mississippi. Wanting to separate under irreconcilable differences.

Angela McIlveen answered on Apr 25, 2019

You need to talk to a lawyer in Mississippi where you live before you do anything. If you leave the state he may be able to get emergency custody. NC would not have jurisdiction of your case.

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

Q: If I sign a separation agreement to disperse our home equity, does that mean I can’t ask for alimony if we divorce?

My husband wants me to sign a separation agreement to give me our $40,000 home equity as a reimbursement for me having to put a $40,000 down payment on a comparably priced home when he chose to separate against my wishes. (I would like to get back together and see a marriage counselor.) Will... Read more »

Angela McIlveen answered on Apr 25, 2019

In NC alimony and equitable distribution are separate claims in a divorce action.

Accepting the home equity would not prevent you from filing for alimony unless the agreement included a waiver of alimony. However, depending on the wording of the agreement, it could prevent you from...
Read more »

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

Q: Hello, my husband and I have been living separately for 2 years. Do we need a separation agreement or file divorce?

Amanda Bowden Houser answered on Apr 25, 2019

The time for a separation agreement would have been at the beginning of the separation. If you have been separated for two years with no issues it is unlikely you need a separation agreement now unless there is property, assets/debts to be divided and / or child related issues. At this point, if... Read more »

1 Answer | Asked in Divorce for North Carolina on

Q: I need a little bit of information about how to get help with paying for a divorce

Amanda Bowden Houser answered on Apr 24, 2019

If the divorce is uncontested it is relatively cheap. We can handle your uncontested divorce for a total flat rate fee of $395 which includes court cost and other necessary fees. Visit us at www.easyncdivorce.com to see if our service is a good fit for you.

1 Answer | Asked in Divorce and DUI / DWI for North Carolina on

Q: I need a divorce lawyer but have no money How can I find one. I’m on disability with very limited income

I’ve been separated since 2017. I live in NC but my spouse lives in SC

Amanda Bowden Houser answered on Apr 14, 2019

You can potentially do it yourself somewhat for free if you are indigent and your local court provides a divorce forms packet. It is extremely difficult and confusing for most people and most basically end up wasting their time and some money trying to do it themselves. We can provide... Read more »

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

Q: Will I receive alimony and possibly a majority share of assets and/or reimbursement for attorney fees?

My husband of 8 yrs left in 3/18 and is filing for divorce (100% his choice).

I moved from TX, where my family lives, to NC to marry him. I gave up 3 yrs’ of alimony from my ex and sold stock I received in that divorce to make $60k in repairs to my husband’s home (we refinanced in both... Read more »

Amanda Bowden Houser answered on Mar 30, 2019

You can look at a chart and calculate child support - you can't do that with equitable distribution. There are many factors that can be considered and a Judge has wide discretion to decide. The best thing is for you and your spouse to sit down and decide something fair yourselves for free or at... Read more »

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