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.
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 »
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 »
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 »
It should be corrected - yes. There are several different ways to do this. If you did the divorce yourself, this is one of the prime reasons that is always a very bad idea. Especially considering that the only reason to even consider doing it yourself is to save money and with several NC firms...Read more »
I moved to NC he decides to take me to court for custody. He gives them my old Philadelphia address not my NC address. Can he take custody? And because he lied and gave an old address knowing my new address is that grounds to move my case to NC?
If the children are with you in NC and have been here for at least six months - jurisdiction is likely here in NC unless another court retained jurisdiction. If the father sued for custody in NC but gave an old Philadelphia address for you there would be no benefit to doing that because you...Read more »
In the divorce decree it states, she will sign over at will. No where in the decree that it states is she entitled to or awarded to the estate. She doesn't live in the country and she's not a citizen of the United States.
This is a cop-out of an answer, but you would need to speak to local real estate attorney on this issue, as they would need to look at the specific language on the deed and the divorce filings. I'm not sure there is an easy answer with mom being out of the country (her citizenship status...Read more »
Im currently thinking about divorcing my husband but I’m worried that if I do he will take back his permission to move back to Germany with our son like he and I agreed on I don’t have anything in written or notarized but I’m kinda curious what rights I have and what would be important to... Read more »
In North Carolina, spousal and custody agreements have to be in writing and notarized. For custody matters, the court can ignore any agreement you make regarding custody if they feel that's in the best interests of the child. Typically, you also have to disclose all material facts (like your...Read more »
I'm not clear what the question is. There are some pro bono programs for domestic abuse victims. They usually focus on restraining orders and the like, rather than property and divorce. They also usually have more cases than they have resources to handle.
A common answer to any legal question is that "it depends," but that is particularly true here where I don't have access to the specific language you are referencing. Depending on the actual language used, it might mean that both parties are releasing (waiving) any other claims they...Read more »
I am much younger than my husband and we have not been actual husband and wife for many years although we were never divorced. I wouldn’t mind taking care of him but need to divorce him now so I can seek other life partner. What would be your best recommendation? He is in North Carolina and I am... Read more »
If you are at all concerned about the liability of your assets for the payment of your husband’s long term care you should consult with an elder law attorney in the state where he is likely to receive the care. It is not clear which state that is. The laws of the states of California and North...Read more »
My husband spoke to an attorney and wanted to understand his rights and what he would need to do to start the separation process. Could he move out and it not be considered abandonment? I guess I'm trying to find out if he would have been advised to not leave the house and to do other steps first?
I'm not going to speculate on what some other attorney may or may not have told your husband, but I can say that "abandonment" isn't a distinct legal claim and is usually not something I spend a lot of time talking about with clients who have yet to separate. Abandonment might...Read more »
I moved out July 27 of 2019, I have paid for everything at the house and paid her monthly for our son. I would like to know if I can essentially counter file against her for absolute divorce instead of the DBB, as far as I understand it a DBB gives us another year of legal separation where I have... Read more »
Divorce from Bed and board in no way tolls the one year separation for eligibility for divorce. You can absolutely countersue for an absolute divorce and schedule it as soon as legally possible. But more importantly what you need to do is consult with an attorney in your area regarding your options.
If he wants to waste a hundred bucks or more - let him. Of course, you can simply take him to court and likely force him to give you access since you are a co-owner. However, likely the best option is for him to buy you out and you sign over your interest in the truck to him. If you opt to do...Read more »
My experience with men like you have described is once I punch them in the wallet good and proper one or two times they all of a sudden miraculously want to stop being jerks and want to be reasonable (this is especially true if they are military). So do not let him intimidate you with his...Read more »
'OK' is a matter of subjective opinion - some people will say it is totally cool and others that it is a douchey thing for him to have done (unless he had good cause such as preventing you from driving drunk). However, if what you are really asking is whether he can do it without getting...Read more »
My hours have been reduced due to covid and I am struggling to pay the full amount of child support. I’ve communicated this and have been paying what I can monthly as well as continuing to pay medical insurance for him.
Technically, I am behind in the monthly amount, and need to have my... Read more »
Non-payment of child support is not grounds to withhold visitation. However, if she is seeking a protective order and has legitimate grounds to do so then that would potentially be grounds to withhold visitation but she would have to have a legitimate and reasonable fear for the safety of herself...Read more »
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