Get free answers to your Divorce legal questions from lawyers in your area.
Basically - will I need to go down there to do anything in person or can I do it all by mail?
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answered on Sep 25, 2018
One of you needs to have resided in North Carolina for at least 6 months immediately prior to the divorce being filed. So if your spouse lives in NC and you have been separated for at least a year, you are likely eligible to file in NC. If the divorce is expected to be uncontested and your spouse... View More 
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answered on Sep 22, 2018
Yes.
We have 2 children, 11 and 13. Substantial amounts of credit card debt.
answered on Sep 21, 2018
I am assuming that there is no prenuptial or marital agreement in place in answering your question. If there is an executed agreement that address is alimony than that agreement is controlling.
The first step in determining if alimony will be awarded is seeing if one spouse is the... View More
I’ve been living apart from my wife for a month now with the intentions of getting a divorce. I want to purchase a home, but she won’t sign a free trader agreement. She’s doing this for no other reason than she’s mad. We have no other monies, assets, or properties to divide. So this... View More
answered on Sep 20, 2018
If you buy a house while you are still married, then she has an ownership interest and an inheritance interest in the house. You can't make her sign a free trader. So you either need to wait until you get the divorce after you've been separated for a year, or you need to hire an attorney... View More
I agree to everything in the papers but the custody. He wants primary care, control, and custody. I want 50/50. He claims he is ok w 50/50. and we are doing mediation. how do i answer this complaint before i fill it with the clerk of court? Even if he is asking for primary and we are going through... View More
answered on Sep 13, 2018
You might not be able to afford to hire a lawyer, but perhaps you can afford to pay for a consultation with one. If not, contact Legal Aid in your area and see if they are having any free divorce workshops. You can also try to find a lawyer that will let you pay as you go, in other words, the... View More
I lived with my ex-boyfriend more than 10 yrs, we now have 3 adult and 1 minor children. The minor and 2 adult children live with him and the 1 other adult child with me? Both our names are on the mortgage but I kicked him out of our house and refuse to let him come back due to having a child by... View More
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answered on Sep 8, 2018
You can ask him for what ever you want but since it appears you were never married and because NC does not have common law marriage, unless you have some enforceable agreement with him, he has zero legal obligation to assist you financially or otherwise. In fact, you likely should be paying him... View More
Where do I start? Divorce lawyer? Immigration lawyer? Child custody? I just need help. He is mentally unstable and violent. I don't put it past him.
If I don't have his address how do I have him served?
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answered on Sep 6, 2018
If he is deported and out of the US, then depending on where he is, getting custody or a divorce will be very difficult because it will likely be expensive and difficult if not impossible to get him properly served. Your best bet is to consult with a local family law attorney who can review your... View More
I’m in NC and I have been separated from my husband and living separately since May. We were only married for 1yr and don’t have any kids or assets. I didn't file for legal separation and I plan to move in with a good friend of mine. We are platonic but my ex is convinced there's more... View More
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answered on Sep 6, 2018
There is no such thing as 'legal separation' in NC. One is simply either separated or they are not. And you don't 'file' for separation as there is nothing to file for. All that is required to be what a lot of people mistakenly think of as legally separated is not live... View More
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answered on Sep 4, 2018
Setion 7? Are you using some sort of form? If so, are you indigent and approved to have court cost waived? If not and you have to pay court cost, doing your own divorce is not a smart thing to do not only in terms of you don't know what you are doing but in terms of saving money - you... View More
He wont leave the house and I cant do a eviction on him until I file for separation but he is not on the deed to the house
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answered on Sep 2, 2018
You don't 'file' for separation in North Carolina and if he is on the deed - you can't evict him. If you want the separation to start in preparation for a divorce, you have three options, 1) either you leave, 2) do what ever you legally can to motivate him to leave or 3) you... View More
Will getting married allow me to sign it without having to pay 2,500 to a lawyer and sue the ex husband for rights? It really aggravating me, it’s my daughter I signed the affidavit in the hospital but they wouldn’t let me sign the birth certificate because some stupid law about divorce.
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answered on Sep 1, 2018
Getting married won't help but then again neither will paying $2,500 for a lawyer to sue the ex husband (where did you even get such a notion). You likely need an attorney to assist you with properly filling out the Affidavit of Parentage and applying for a corrected birth certificate. It... View More
divorce papers state the ex will be responsible for said minor child's tuition (at the time our child was 9yrs old) Does this termiante when the child turns 18 or does it continue as long as they are being claimed on taxes?
There was no child support as we had joint custody 50/50.
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answered on Aug 22, 2018
Typically a Court would not have the authority to obligate a parent beyond 18 without the consent of the parent.
However, it depends on how the order was worded but if it specifically said 'minor child' then it stands to reason, the obligation to pay ends when the child is no... View More
I've asked him for an update twice and I keep checking with the courthouse. Can he drag this step out indefinitely or does the period to file a notice expire? As the defendant, am I allowed to file the motion? Thank you in advance.
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answered on Aug 9, 2018
You may already be divorced and he just didn't send you a copy of the divorce judgment as he is required to do. You should check that possibility first. If not and you know how to do it, you should be able to put the matter on the calendar and serve him with notice of the hearing.
6 months after the divorce he bought new furniture, new truck , vacations , and is spending alot of money on his next wedding. Can I subpoena his financial forms from the sale of his new truck to prove he lied about his income during our divorce? Is there some way I can get the courts to compare... View More
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answered on Aug 3, 2018
Is there some way I can . . . (fill in the blank with what ever legal issue you have). Yes, there is - hire an attorney who knows what they are doing. If you had transmission trouble and you aren't a mechanic, you'd never think to yourself, you know what, I'mma pull that sucker out... View More
I wanted to ask if it’s possible for someone to sue you for sleeping with their husband if you didn’t know? I didn’t know this guy was married and his wife messaged me on Facebook threatening to fight me and sue me. I read that it’s possible in North Carolina and I’m kinda scared. I’m only 19
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answered on Jul 31, 2018
At 19 you likely possess nothing worth suing for and should likely be more afraid of the threat to 'fight you' than the threat of being sued.
Is this enough to change her name on the birth certificate to her real biological fathers last name.
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answered on Jul 20, 2018
No.
old daughter of lying and collusion. If I file for divorce, can I get a restraining order to protect myself and my daughter?
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answered on Jul 6, 2018
You do not need a divorce or to have filed for divorce in order to get a restraining or protective order.
First one did not go thru I then filepaper to the frist married got it taken care off 8 years we been married .
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answered on Jun 27, 2018
You kinda have to ask a question in order to get any meaningful response.
is it possible to file a motion to modify divorce judgment to remove a separation agreement that incorporated the separation agreement into the divorce judgment thus making it part of the order when no consent was received at time of judgement?
per this article : "What about... View More
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answered on Jun 15, 2018
If you are the Defendant and you failed to respond and your separation agreement is now a court order - there is likely very little you can do about it. Your best bet at having the separation agreement removed from the judgment is to have the whole divorce judgment set aside and your best bet at... View More
live in Mecklenburg County and filed for a divorce. I have filed all required forms and the hearing date has been scheduled. Is there a way I can get a sooner date? Or do you know when pro se divorce hearings are scheduled? I was told once I file my motions, my hearing would be 2 weeks later, but... View More
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answered on Jun 10, 2018
Obviously, you should have hired an attorney in the beginning - it would have likely been cheaper and quicker than you can do it yourself. At this point, likely the only thing you can do to speed things up (assuming of course you haven't screwed something up as about 50% of pro se... View More
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