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North Carolina Divorce Questions & Answers
1 Answer | Asked in Divorce and Child Custody for North Carolina on
Q: Hi. How do I respond to a Complaint for Absolute Divorce? I'm confused about what forms to use and where to find them

We have a pending parenting agreement and a temporary hearing for custody due to his filing for legal custody to avoid paying child support.

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answered on Jun 8, 2018

First things first, time is a factor - you only have 30 days from the date you were served to respond. There are multiple ways to respond. Typically you respond with an Answer and possibly a counter claim if applicable. This is not a 'form' type proposition - you will need an attorney.... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for North Carolina on
Q: In NC, male divorced, non court ordered sep aggrement. Ex can’t care for our kids anymore and I have them full time.

In the aggrement it says I get them every other weekend and pay $400/mo child support. But now I had to get the kids from her because she has no place to live, no job and can’t care for them anymore. So for the past 2 months I have had them full time. Witch is good with me I want them full time.... View More

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answered on Jun 7, 2018

Things happen. If you have to take the kids full time because mom can't care for them - you are likely not in willful breech. You should consider stopping child support and deal with things on a wait and see basis. If it turns out you will be keeping the kids long term, you may want to... View More

1 Answer | Asked in Divorce for North Carolina on
Q: I filed indigent divorce in NC. My spouse last known address was in Maryland. Which state do notice of publication go ?

Affidavit of due diligence can be sign when affidavit from notice of publication turned in

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answered on Jun 7, 2018

If you are in GA why are you filing in NC? Anyhoo, you may have your terminology mixed up - which is a good indicator you are not competent to do your own divorce. A Notice of Publication is only applicable if you end up having to serve your spouse by legal publication. If you are in fact... View More

1 Answer | Asked in Divorce for North Carolina on
Q: How do I get a non contested divorce?
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answered on Jun 6, 2018

Go to www.easyncdivorce.com

1 Answer | Asked in Divorce for North Carolina on
Q: I have a signed separation agreement in Union County NC. Now I reside in Mecklenberg. Where and how do I file for divo

I want to include agreement in the court with divorce. Can I file it easily by myself as I have spent too much already on separation agreement. Or can someone do it for a reasonable flat fee.

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answered on May 29, 2018

A fully comprehensive Separation Agreement for an average couple should cost in the $250 to $500 range. A uncontested divorce (and yours should be uncontested since you have a separation agreement) can be filed in any county in NC and done for a flat rate fee of $395 that covers everything needed.... View More

1 Answer | Asked in Child Custody and Divorce for North Carolina on
Q: I’m thinking about ending my marriage. We have one child. I only care about what’s best for her. What are my first steps
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answered on May 26, 2018

The first step is to separate. You must be physically separated for one year to be eligible for divorce in NC. At this point you may want to consider entering into a formal separation agreement to resolve child issues such as custody, support, visitation as well as other marital issues. You can... View More

1 Answer | Asked in Child Support, Divorce and Family Law for North Carolina on
Q: If wages are being garnished for back taxes do I still have to pay full amount of child support. 1/2 paycheck is taken

Half my paycheck is being garnished for back taxes that she and I owe together. After garnishment I don’t bring home enough to cover the full amount of child support. Can she hold me in contempt? I am still paying child support which comes out of my check, she’s just not receiving the full... View More

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answered on May 18, 2018

Of course. You have two choices, lower your standard of living or go off the grid.

1 Answer | Asked in Divorce and Animal / Dog Law for North Carolina on
Q: In the seperation/settlement agreement,can I include the expense of the dog care I'm providing?

I'm trying to settle with a seperation agreement and avoid court. 50/50 split debt and equity. No kids. Minimal assests. I'm refinancing and keeping the house. Paying out her equity. Close to equal income. She is planning on taking 5 dogs. I will be keeping 1 dog, 2 rabbits, 1 goat and 6... View More

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answered on May 14, 2018

What makes you think the Court would award a 50/50 split? As to the agreement - you can set it up virtually anyway you want. The trick is to get her to agree to it and sign it. Of course, if you are doing your own agreement odds are you should be more concerned about properly drafting it instead... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: My ex is not paying child support for the last 3 months. No court order just a notarized agreement.

His lawyer says she is going to put it on the child support calender. But that was about a month ago. His lawyer nor him will answer any of my emails. I do not have a lawyer. Nor can I afford one after our child custody court. I should add that there is an insurance issue. That is why it was... View More

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answered on May 14, 2018

Why would his lawyer put the case on for child support? Anyhoo, you don't need an attorney. Just bee bop down to yon local child support enforcement office and they will get things rolling for you.

1 Answer | Asked in Divorce for North Carolina on
Q: I am dating someone whose divorce has been decreed and the marital house sold and that money divided equally.

There are two vehicles with both names on the titles...one used and retained by each. She refuses to go with him to the DMV to separate ownership and retitle them. What is his recourse?

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answered on May 12, 2018

It sounds very much like he did his own divorce. If so, this situation would be a primary example of why that is an incredibly dumb thing to do. If the issue of the cars was not addressed during the divorce he may have to rely on her good graces to get the titles squared away. Unless he provides... View More

1 Answer | Asked in Divorce and Small Claims for North Carolina on
Q: Can my friend take her kayak back from her ex boyfriend?

My friend and her then boyfriend had an agreement. She bought 2 kayaks, and he bought 2 paddles. He is claiming this is a gift and that she cannot take the kayaks back , even though she has the receipts to prove her purchase. Legally, is she right to take the kayaks that she purchased ?

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answered on May 5, 2018

Receipts only prove she purchased the kayaks - not that she currently owns them. He is claiming they are a gift (although why he would claim she gave him both kayaks is sort of dubious). If she can get the kayaks without breaching the peace, she can take them back but he may call law enforcement... View More

1 Answer | Asked in Divorce for North Carolina on
Q: I live in another state but me and my wife got married and have a property in NC .Where should I apply my divorce from?

Me and my wife got married in NC and we lived together only for 2 months. I then moved to another state. It has been 10 months since then . We have a property together in NC and she is still a resident there . I need to get a divorce so what do you think would be the best approach ?

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answered on May 5, 2018

Where you were married or where you may own property is irrelevant. One of you must have resided in NC for the last 6 months and have been physically separated for one year to be eligible to file in NC. Since she still lives in NC and once you meet the one year separation requirement, it would... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for North Carolina on
Q: I really want to get a divorce. I've been married for 8 years with 2 kids. Im not working, but I am in school.

My husband cheated in the 3rd year of our marriage, while we were both stationed in Oklahoma. We currently reside in NC. He is over 110k in debt and he has done nothing but lied. I'm actively looking for employment so that I can separate from him. We haven't been intimate in 3 years. I am... View More

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answered on Apr 28, 2018

You need to be physically separated for at least one year to be eligible for divorce. At this stage you should be considering a separation agreement.

1 Answer | Asked in Divorce for North Carolina on
Q: We have been separated a week. We filled taxes together a week before she told me she wanted to separate she wants to

Keep all the refund because her business lost money do I have to let her keep it

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answered on Apr 25, 2018

No. It should be a simple matter to divide the refund based on your incomes. If you filed the taxes properly and opted for a check the check should come payable to you and your spouse meaning it should not be cashed without both of your signatures. If you opted for direct deposit you may have... View More

1 Answer | Asked in Divorce for North Carolina on
Q: Have been separated for 10 years from estranged husband. Can not find him. What do i need to do to get a divorce.
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answered on Apr 21, 2018

If you can not locate him you can still get divorced it will just cost more and take longer. So it is to your advantage to find him. Unless he is living off the grid most people can be found in 15 minutes or less by a competent PI. If you can't find him he will need to be served by legal... View More

1 Answer | Asked in Divorce for North Carolina on
Q: I was married in sc. Have lived in nc for 2 years. Do I need to return to sc for divorce or can I file in nc.
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answered on Apr 21, 2018

You can file in NC as long as you have also been physically separated for at least a year. If the divorce is uncontested, it can also be relatively inexpensive. Our firm does uncontested divorces for a total flat rate fee of $395. Just visit www.easyncdivorce.com to see if our service is a good... View More

1 Answer | Asked in Divorce for North Carolina on
Q: When I divorced I didn't seek any of his retirement funds. Can I go back and do that now?

We've been divorced for about 7 years.

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answered on Apr 16, 2018

No. If you did your own divorce - this is a prime reason why you should not have,.

1 Answer | Asked in Divorce for North Carolina on
Q: My brother and sister in law are divorcing bUT live in our childhood home. Can judge make my brother move?

Our Father owns it . They were both given permission to stay there with my 2 nephews . My father wrote them both a letter giving permission. My opinion is she should just leave on her own and not take advantage and start a fued.

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answered on Apr 15, 2018

As your sister in law, she should be considered family and a family member being able to live in the marital residence is not 'taking advantage'. However, it mostly depends on the circumstances of the divorce. Because your father owns the property, it would be highly unlikely that a... View More

1 Answer | Asked in Divorce for North Carolina on
Q: Been married 8 months, want to get a divorce been separated 4 months,what do i do?
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answered on Apr 14, 2018

Stay separated for 8 more months. NC requires one year of separation in order to be eligible to file for divorce.

1 Answer | Asked in Divorce for North Carolina on
Q: My spouse and I are in agreement for a non-contested simple divorce (no children, property, etc)...but...

his work sometimes sends him out-of-state (usually SC or GA) for extended periods (varies, but has been months at times). How can I still "serve" him with the documents when the time comes if he's *known* to be working elsewhere? [Due to costs and that I will be paying for this... View More

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answered on Apr 11, 2018

He can be served anywhere he can receive certified mail. You'd likely be better off to just have us do the divorce for you. We charge a total flat rate fee of $395 which often works out to be less expensive than you can do it yourself. Visit us at www.easyncdivorce.com to see if our service... View More

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