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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... View More 
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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... View More
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... View More
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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... View More
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.
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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... View More
insurance for 10 yrs. His employer says they only cover for 60 days. Can the separations paper force them to cover me?
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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.
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.
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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... View More
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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... View More
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.
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.
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... View More
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... View More
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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... View More
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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.
I’ve been separated since 2017. I live in NC but my spouse lives in SC
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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... View More
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... View More
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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... View More
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answered on Mar 19, 2019
It mostly depends on whether you have a properly drafted and execute separation agreement or not. As to the beneficiary - you control that (unless you have contractually agreed otherwise) but without a separation agreement that specifically addresses that issue, the money you spend on it may be... View More
Can i get my name off the loan?
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answered on Feb 10, 2019
Yes, if he refinances in his name or the loan is paid off. Otherwise - no.
She filed for divorce from post separation child support and divorce from bed and board but she is still living at home with the children and I am providing all the support. So what am I going to pay for? Can I file motion to dismiss Post separate child support and jury duty for divorce hearing? I... View More
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answered on Jan 28, 2019
You need an attorney, as how you are describing things makes no sense. If your are living together and she has filed a divorce from bed and board - she is essentially asking the court to kick you out. And if you don't hire an attorney ASAP she may very well prevail.
Have no intention on pursuing a marriage ... He has been incarcerated months to years ...has not been a father or husband ...no desire to further marriage please assist
Thanking you in advance for your time and consideration in this matter..
answered on Jan 22, 2019
There's no such thing as an immediate divorce. You have to have been separated for a year before you can file for divorce. how to file for divorce in North Carolina you have to have lived here for at least 6 months. Then the process typically takes a couple of months after that. An attorney... View More
answered on Jan 15, 2019
One first step might be mediation. That would allow each of you to, with the assistance of a third-party neutral, attempt to resolve all issues relating to the divorce on your own. This is much less costly than hiring attorneys and going to court, and keeps control in you and your wife's... View More
I have been married for 13years. I have a DVPO against my husband. We have a house that we have only had for 4yrs. Everything is in my name. I would like a divorce and would like to know what's my rights and my best recourse to take.
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answered on Jan 12, 2019
You need to be separated for at least a year to be eligible for divorce in NC. At this point you likely need to consult with a local family law attorney who can review your situation in more detail and lay out your options for you. Best of luck
Can he still be ordered to pay alimony?
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answered on Dec 28, 2018
Possibly. but what do you expect to get? Besides it may be you that ends up paying the alimony.
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