No, but if you mean that he died while the division of your assets were still being worked out means that you filed for equitable distribution and that was still a live claim that was incomplete when he passed, then the personal representative of the estate should be able to continue see that...View More
Intentionally making false statement of facts to a court is unlawful. In North Carolina, to be eligible for a divorce, spouses must have been separated for at least one year (with the intent to remain separate and apart). To be valid, a divorce complaint cannot be filed before the spouses are...View More
If you are actually an owner, then confirm it by searching the title. You may have to sue any new grantees. Husband's alienation of marital property should be brought up in the Divorce, possibly as grounds for contempt. Someone has to pay taxes and any note debt.
He refused to sell or refinance the house at the time of the divorce. Now his plan is to stop paying the mortgage but continue to live in the house for a few months then move to another state. Is there anything I can do in this situation?
In North Carolina, if your ex-husband plans to stop paying the mortgage on your jointly owned house and subsequently move, there are several actions to consider. Begin by reviewing your divorce agreement for any relevant clauses. Consulting a North Carolina attorney skilled in property and family...View More
Before asking for a divorce and even being physically separated she had a emotional affair with a man in Canada who she knew from when she was younger who she is now in love with and moving to live with. She gave me notice of this last Wednesday and she wants to be able to take my son there during... View More
To protect yourself as a parent and ensure your rights are safeguarded, it is essential to consult with a family law attorney who can assist you in negotiating a custody agreement that serves the best interests of your child and takes into account the international relocation aspect. Proper legal...View More
I'm sorry to hear that you're experiencing a difficult situation. To pursue full custody, your father would typically need to file a custody petition with the appropriate court in North Carolina. The court will consider various factors, including the best interests of the child, when...View More
I have filed a complaint for temporary SS and alimony. I am the dependent spouse. Working hourly part time. And still staying in the marital home. Supporting spouse just got laid of and I suspect he is still in US, address unknown, though claims he is out of the country to live with family who is... View More
In NC if there is an existing action a filing fee for a Motion in the Cause is $20. If you need a Temporary Restraining Order to protect marital assets make sure that at the time it is filed a hearing is scheduled to occur within 10 days of the filing of the Order. Also your Motion needs to make it...View More
We have been separated since 2020 and both entered different relationships. My ex wife got pregnant in 2021 by a man and gave birth early 2022. We were finally able to be divorced on 2/2023 but now she is trying to file child support against me. How is this even possible? Could she have legally... View More
In North Carolina, when a woman gives birth to a child while married to a man, the man is legally the father of the child. It doesn't matter that the man and the woman are separated, only whether they were legally married. A man who doesn't believe he is the biological father of the child...View More
My husband filed for the divorce and originally I did not contest it. A court date was scheduled for January 31,2022 and the divorce was not granted because I was not properly served. I now feel like I should contest the divorce, but I don’t know if I still have the opportunity to.
In North Carolina the requirement for divorce is that parties must have lived separate and apart except in rare circumstances. It requires that only one party needs to have had the intent to live separate and apart. To contest the divorce you would need to show you have not lived separate and...View More
It all depends on a lot of factors. Based on the facts you've given, the answer is not a definite YES or NO. Consult with an experienced family law attorney, so they can ask you a series of questions, and based on your answers, more questions, and based on your answers, you can get a more...View More
I moved back to my country 3 months after getting married due to immigration reasosns. My ex filed a peition for me to come back as his spouse but by that time he was already in another relationship. I currently work but also support our child and have been for the past 10 years. He only helped the... View More
In North Carolina, there is really only one type of divorce -- "Absolute Divorce." However, when someone files for divorce, child custody and child support aren't automatically included. Also, the appropriate place to file for child custody or child support typically depends on where...View More
He used marital funds to purchase equipment for the business, and I have copies of the checks verifying that. On the financial affidavit, he claims that the business started after separation and he used his own money. Can I use the checks to verify that his business started before separation? Is... View More
Seems like the answer could depend on when the business entity (if there is one) was actually formed. If it wasn't formed (created) with the Secretary of State until after you separated, then there is an argument that the business wasn't marital. However, if that is the case, then you...View More
we’ve been separated 12 years. not divorced. she went to the registrar of deeds with a new deed with his and her name on it. my name is there without a signature. they recorded it. is it legal? did i lose my land?
We bought a home for cash in NC 7 years ago with proceeds from sale of home in VA, paid off by my husband’s parents estate. Separated since January when I left for a job across the country. He listed the house in late July and we have a buyer and contract, which he just decided not to honor.... View More
I would need to review the deed to the house to give a definite answer.
However, it is likely that the house is in both your names and you and he own it as tenants in common. He is allowed to live there rent-free, but he is responsible for 50% of all expenses, taxes, utilities, hoa fees,...View More
Sure. There is no requirement that both actions are handled together. However, I do question why you haven't been divorced yet. Many family law attorneys offer a "flat-fee" divorce package that isn't too expensive. Alternatively, you can attempt to file it yourself.
Wouldn't be great, but it largely depends on what claims are being raised, and on additional facts (how long have you been separated, did you know this person before you separated). If there is some suspicion that you were being unfaithful on your spouse, this new person moving in will...View More
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