Get free answers to your Divorce legal questions from lawyers in your area.
While we were separated my ex and I created a vehicle property notice agreement which we both signed and had notarized prior to our divorce. He was to get the car refi'd in his name or sell it and pay the difference on the loan as of 12/5. He has not followed up with his end of the agreement.... View More 
answered on Dec 21, 2018
If you do not file for equitable distribution prior to having your divorce entered, then you waive the right to have the family court decide this issue. However, since you have a written agreement, you may still be able to seek relief in the form of a breach of contract claim. I would recommend... View More
I also purchased a 1957 chevy Bel air for $20,000. It's under his name because I had bad credit. He said after I paid it of he would transfer it to me, he hasn't. Now I filed for divorce, what can I do?
answered on Dec 16, 2018
Did you file for equitable distribution? If not, you need to do that BEFORE the divorce is entered by the court. In NC, that claim will protect your marital interest in the property regardless of title. The claim just has to be pending when the divorce is entered. There are no forms to file... View More
The waiting period in my divorce case expired nearly 3 months ago. I am the defendant. How long can plaintiff wait before scheduling a hearing?
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answered on Nov 30, 2018
That is the classic way for a party who doesn't want a divorce or has some interest in the divorce not going through (for example keeping some sort of marital benefit in place) to delay the divorce as long as possible - be the first to file and then simply never calendar the case for... View More
I am wanting to leave my husband and collect child support. I am on SSDI but my husband is telling me that he will not pay me anything because when we were separated a year ago but still living in the same home due to financial reasons, I dated someone else, whom he told me to date, and he will... View More
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answered on Nov 30, 2018
You seem to have the wrong idea about things. You need to consult a with a local family law attorney who can review your situation in more detail and lay out your options. If you were living together in the same house - you were not separated. As to him 'coming after you' for adultery,... View More
They want to raise my support by close to 100%. My ex-wife thought that was too high. She's the one that initiated a review. Will the court allow us to negotiate a reasonable amount or am I bound by their terms?
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answered on Nov 27, 2018
Child Support is based on guidelines. Basically, plug in your incomes and out comes a child support amount. If that amount is what your ex wants - it will be non-negotiable. The only thing you can really do is hire an attorney to make sure the calculation is correct or convince your ex to either... View More
answered on Nov 24, 2018
Yes. County is called the venue. Venue is not jurisdictional, which means it can be waived. If a divorce is filed in a county where neither party lives, then the defendant can file a motion to move the divorce to the proper county. But it's not grounds to dismiss the action.here is the case:... View More
i live in nc; my husband in pa. been living apart for 2 years now. he has filed for divorce.
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answered on Nov 18, 2018
You would likely end up needing to consult a Pennsylvania attorney. If you have been served with the divorce paperwork, you should take some action ASAP. Most states have a short time frame within which to respond. In NC, it is 30 days - not sure what the time limit to respond in PA is. If you... View More
I live in North Carolina and plan on separating from my wife. She has a stay-at-home internet business in which she makes approximately 75% of what I do. I plan on moving out and getting my own place. I want to open a separate checking account in my name only for budgeting and security purposes.... View More
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answered on Nov 18, 2018
You can do it that way but you will have definitely and unnecessarily over complicated things. If you are worried she will spend too much, just get your own separate account that she doesn't have access to (as you already plan to do) and simply cut her a check every month. She can't... View More
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answered on Nov 14, 2018
The short answer is yes. You need to consult with a local family law attorney who can assess your situation in more detail and lay out the options available to you so that you can begin the process of making an informed decision about what to do from here. Best of luck.
My husband moved out of our home in January 2018 with the intention of filing for divorce in January 2019. I just bought another house and am moving out of our jointly-owned home in a few weeks, after which my husband will move back in.
He has been paying the mortgage and health insurance... View More
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answered on Nov 9, 2018
It is possibly but highly unlikely. Of course you, buying a house while separated with no formal separation agreement in place was not a smart thing to do as he will likely have a small marital interest in your new house that he can use as some bit of leverage against you. Bottom line here is... View More
So, partner #1 moves out end of March but divorce case isn't until February. Partner #2 stays in house, wants to keep it and pays on mortgage and upkeep, etc. Included in that would be escrow for taxes and insurance. There is also small homeowner's association bill coming out next... View More
answered on Nov 5, 2018
You need to bring all the information to a family law attorney to get an accurate answer. Amounts paid to maintain the martial home is a distributional factor, which may or may not be treated as a dollar for dollar credit by the judge. The same is true as having sole possession of the house, its a... View More
Each party covenants and represents to the other that a full and fair disclosure of all property owned, or believed to be owned, by the parties has been made to the other party and that this agreement is predicated upon this full and complete disclosure. This agreement shall not constitute a waiver... View More
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answered on Nov 2, 2018
It's a really poorly drafted way of saying you were fair and honest with your spouse regarding property you may own and if you weren't there may be consequences.
We are both are US citizens, married in NC, still have NC driver license NC bank account NC voter registration and use a relatives NC address for our mail and want to know where would we file for divorce?
We do have minor children here with us.
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answered on Oct 30, 2018
Jurisdiction to file for divorce is based on residency and if you are both in Europe that is your current residency which likely makes you ineligible to file here in NC. You will need to file somewhere where you meet the eligibility requirements.
My husband and I rushed into marriage and shortly thereafter I realized it was a terrible mistake and told him I want a divorce. However, we have never lived together, so how would we determine our date of separation for the purposes of filing for divorce?
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answered on Oct 26, 2018
In North Carolina, all that is required to be separated is not reside in the same residence and at least one of you must have the intention not to resume the marital relationship - meet those two simple requirements and you are as separated as you ever will be. So the date of separation for... View More
Still working and we been together for 20 years. I have remarried and I want to know when I can stop paying the ex-wife
answered on Oct 18, 2018
you are posting this in a North Carolina forum. You need to repost it in a New Jersey for him so that New Jersey lawyers can answer the question. only attorneys licensed in New Jersey can answer a question regarding New Jersey Law
I would like to get some advice and legal help. I am a Spanish citizen (from Spain, Europe) and got married in CHarlotte Mecklenburg County in August 2008 with a British citizen. We lived there for two years (until 2010) and then moved back to Europe. We have been separated for the last five years.... View More
answered on Oct 17, 2018
One of the two of has to have lived in NC for the last six months to file for divorce here. So, no.
We've been separated for 7 years, I've lived in NC since the beginning of the separation & they have lived in CA their whole life. My spouse has changed addresses & jobs a lot & they won't give me their address so I can't serve them divorce papers and I don't... View More
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answered on Oct 13, 2018
You can not divorce without proper service of process. Also you can't just skip to going the legal publication route. There are certain steps you need to take. Look, when the transmission in your car goes out, you call a mechanic. Unless you are a mechanic, you'd never in a million... View More
i live in north Carolina with my wife and tow kids, we came from mexico and i have work visa.
now she wants to divorce and plannign to take to Mexico or out of NC, so i cnat see them anymore.
if i am divorced how i can stop her to take the kids away of me.
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answered on Oct 12, 2018
If the children have resided in North Carolina for at least the last 6 months then you should consult with a local family law attorney regarding an injunction to prevent her from doing that. Best of luck.
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answered on Oct 2, 2018
Depends on a several factors. The most important of which are: If you broke any laws, if you get caught and if you get convicted. Of course, making admissions on a public forum doesn't help your situation at all.
I ask because I also see this QRDO and wonder was that necessary before Final Divorce Decree?
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answered on Sep 25, 2018
The QDRO likely needs to have been signed by the Judge as well. If you had an attorney and the attorney was aware of the QDRO you are likely good to go. Call your attorney just to be on the safe side. If you did your own divorce, you have likely screwed things up - go hire an attorney ASAP... View More
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