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.
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
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 »
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 »
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.