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North Carolina Divorce Questions & Answers
1 Answer | Asked in Divorce for North Carolina on
Q: Can spouses date people when not living under the same roof?

Have not lived with husband in 5-6 yrs after discovering he was cheating. After all these years alone, I would like to date, if possible. However, am afraid to even consider, not wanting to be seen as an adulterous in court should I desire a divorce in near future.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 19, 2021

You absolutely can, and it should have no adverse consequences. I would also encourage you to go ahead and get divorced, as it isn't going to get any easier the more time passes. I would bet that there are many attorneys in your area who would help you with a 'simple' divorce for a... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: Low income legal representation for child custody divorce response to complaints when he kicked me out with no where to
David Allan King
David Allan King answered on Nov 3, 2021

I'm not aware of any probono divorce lawyers, if that is what the question is asking about. There are pro bono programs for domestic abuse victims, but they usually stick to getting a restraining order and do not touch the divorce items.

While rare, there are some law firms that work...
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1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: I need help responding to a complaint fir divorce and B we have only been apart 4 months and he burnt all my stuff

Lied on je preformed torts against and hot custody of my daughter snd he is not her father

David Allan King
David Allan King answered on Nov 3, 2021

This is something you need to hire a lawyer for.

1 Answer | Asked in Divorce for North Carolina on
Q: I have a copy of the free traders agreement and the register of deeds cannot use a copy.

Can I reach out to my spouse attorney to get the original document so I can record it myself.

David Allan King
David Allan King answered on Nov 3, 2021

If you also have a separation agreement in place, it will likely specify that your spouse must cooperate with anything reasonable and necessary to effectuate the terms of the agreement. If it is reasonable and necessary to file an original with the register of deeds to effectuate the terms, then... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: Alimony conditions.

My divorce consent order specifies I pay a set amount until 1. A specific date 2. Her vehicle is paid off. Does this imply that I have the ability to ask her for a payoff of the vehicle and pay it off early to end alimony? She lied when we added the vehicle condition, stating it was paid off prior... Read more »

David Allan King
David Allan King answered on Oct 28, 2021

We don't have much context (or a copy of the order) to be very informed on what the judge intended. However, that seems like a compelling argument to me.

1 Answer | Asked in Divorce for North Carolina on
Q: A husband and wife both have there names on a house. One day, they decide to divorce. The wife leaves and get her own

House and the husband keeps the original house with his ex wives name on the deed. My question is quite simple but slightly complicated, does the husband have to wait until the divorce process is over before renting out his house because the name of his house is still on the deed?

David Allan King
David Allan King answered on Oct 28, 2021

This is a complicated question. Most homes owned by spouses are owend by "tenants in the entirety" which means the spouses do not own a 50% interest - rather each spouse owns the entire property. You are prohibited from selling or refinancing the home without your spouse's consent,... Read more »

2 Answers | Asked in Divorce and Estate Planning for North Carolina on
Q: Divorced 2 years ago, wife awarded home in divorce -she never took the house out of my name-she died…no will. Is it stil
Ben Corcoran
Ben Corcoran answered on Oct 21, 2021

Without seeing the divorce decree and your deed I cannot give specific advice. You and your ex-wife likely owned the land in tenancy by the entireties in the deed. And when the divorce was finalized that was automatically converted into tenants in common. So you may be a 50% owner of the property... Read more »

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1 Answer | Asked in Divorce for North Carolina on
Q: I’m in NC and my husband served me with divorce papers but my name is spelled wrong on every document. Is this valid?

I don’t think he’s using legal counsel. I think he’s using the self help on the 3rd floor in Mecklenburg county court house. He emailed me a updated notary form with my name spelled correctly where I sign but the title page still has my name spelled wrong. Just want to know if this is legit.

Stephen Edward Robertson
Stephen Edward Robertson answered on Oct 18, 2021

If it's meant for you and you got it, you should answer it. A court would likely deem it a mere inadvertent mistake when considering whether or not service is effective under Rule 4.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: My husbands lawyer requested a discovery. Can I request discovery/interrogatories without a lawyer
David Allan King
David Allan King answered on Oct 10, 2021

Yes, you can send them interrogatories (questions), requests for admission, and requests for production without having a lawyer. Essentially, you are your own lawyer.

1 Answer | Asked in Divorce for North Carolina on
Q: I am wanting to find out my options if I wanted to leave my husband. I have not worked since I believe 2014. I am trying

To get disability. I am in NC. I am wanting to know if I could get spousal support or alimony since I'm not able to work to be able to live on my own if I left.

David Allan King
David Allan King answered on Oct 10, 2021

First, a judge must determine that you are substantially financially dependent on your spouse. If the judge feels you are, they look at 16 factors to determine the duration and amount of monthly alimony payments. You can find the statute related to alimony here:... Read more »

1 Answer | Asked in Divorce and Child Custody for North Carolina on
Q: Me and my husband are separated but we don’t have any legal papers or anything. What do I need to do for a court order?

We have 3 kids together. He wants to get them every other weekend and split holidays but he doesn’t have a license so I’m not sure what to do about him getting the kids.

David Allan King
David Allan King answered on Oct 10, 2021

You have two options to formalize your custody agreement. One is a custody agreement contract. The other is a consent order from the court. Every divorce, even if no disputes are litigated, is technically a lawsuit. You'd have to start the lawsuit first (read lots of formal legal paperwork),... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: My wife cheated attempted to run me over with car after kicking me out of our home I want a divorce she’s refusing
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Jul 2, 2021

You shouldn't need her consent or participation - the only requirement is that you must be separated for one year. No way to speed the process up unfortunately. So after that year is run, you just need to file your divorce, serve her, and then proceed.

1 Answer | Asked in Foreclosure and Divorce for North Carolina on
Q: House is headed for foreclosure and wife won’t speak to me. How can I sell house to avoid losing $$

She will not talk to me at all, changed phone, won’t even discuss school, health, etc about our remaining minor child. Once COVID protections are lifted our lender will foreclose. She won’t talk but I need to sell. It is best for her and kids as well. I am unemployed for over a year

Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 25, 2021

It sounds like you are separated from her. The only way possible would be to file for "equitable distribution" and the Court could enter an Order requiring her to cooperate with the disposal of any marital assets. Otherwise, you cannot force her to sell. You should get an equitable... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: My husband left on September 12th 2020 and has not returned, can I get a divorce?

I was I was supposed to have surgery on both eyes the Monday after he left and I had to put that off and I was considered legally blind

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on May 20, 2021

Not in North Carolina as you have to wait a year after separation. From the facts you've presented, you can't sue until 9/13/2021.

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1 Answer | Asked in Child Custody and Divorce for North Carolina on
Q: I’m in Nc. I’m trying to buy a house so I can leave my husband, how does that work when your trying to leave to divorce?

I know you have to live apart for a year to file for a divorce and live apart to file for custody of children. I’ve been trying for over a year to find someplace to move to, but because of the size of my family no one wants to rent to us, so I’m trying to buy a house but because I’m still... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 22, 2021

You can buy a house in your name only, your marital status has nothing to do with it. A bank may not lend you money without your spouse joining but that is completely up to the bank.

1 Answer | Asked in Divorce for North Carolina on
Q: I filed a pro se divorce in nc, i had hearing last Monday and Judge denied because i was missing a form. What do I do

Judge wouldn't tell me what form was missing or what i need to do next to finalize the divorce

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Mar 15, 2021

I could guess, but without looking at the file I have no idea what form you are missing. You will unfortunately need to consult with a local family law attorney about the status of your case. Perhaps you can just file the correct form and get a new date scheduled.

I can't speak for...
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1 Answer | Asked in Divorce for North Carolina on
Q: If the judge gave me another court date, do I have to start the process all over again? Due to the return receipt

the return receipt was not signed by my wife and I went to my court date and the judge gave me another court date, do I have to start the process all over again?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Mar 12, 2021

From these limited facts, it would appear the judge gave you additional time to complete service upon your wife. If she doesn't sign the return receipt then you will not be able to proceed with your lawsuit (because she has not been served). I would recommend you pay the sheriff their $30.00... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: My Wife's family all have COVID. She wants to bring our 1 yr old to their home for a full week. Do I have legal options?

My soon to be ex wife is taking my son out of state to her parents home where at least 4 people have COVID. Are there any legal routes I can follow if my soon contracts COVID while there?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Mar 5, 2021

If you don't have an existing custody case, I would consider filing one ASAP. If you have an existing case, you may want to file a Motion for Emergency Custody before she leaves alleging that the child will be exposed to a substantial risk of bodily injury. Some judges may agree that such a... Read more »

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Civil Rights for North Carolina on
Q: Can I move back to the marital home if my spouse moves out after he was granted possession with a DVPO?

He'll tell the real estate agent he is moving out. If he is gone for 30 days and I'm there, I have a right to privacy. He wants to move in with the other woman to sell the house. He was granted possession. The home is jointly owned by myself and him. I can cancel the sale before the 45... Read more »

Ben Corcoran
Ben Corcoran answered on Mar 1, 2021

I am answering these questions as if the house is in NC, I am not sure given that your address is listed in VA, if the house is in VA then my answers may be wrong.

If he was granted possession then no you cannot move back in without something terminating his exclusive possession....
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2 Answers | Asked in Real Estate Law, Divorce, Estate Planning and Family Law for North Carolina on
Q: My husband and I separated July 2020, the mortgage lists both names, am I still financially responsible for late pmts

We both agreed that he was going to keep the house and will refinance it to remove my name. I still pay the HOA fees and the water bill there.

Ben Corcoran
Ben Corcoran answered on Feb 19, 2021

Until your husband refinances, imagine that you cosigned the loan. My suggestion to you is that you should not deed your interest to him until he refinances.

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