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He has been texting for years & been sexual with this person since last June. I just learned of her in Jan. I thought he changed and dumped her in March so we talked about reconciliation. He was still seeing her and is still with her today. How does that affect Alienation of Affection to sue... View More 
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answered on Apr 10, 2018
Adultery is technically a crime in NC but you likely will not have any luck getting any DA to prosecute it. As to Alienation of Affection, step one is determining if she has assets worth going after - if not you are wasting your time and money to sue her. If she does, your next hurdle will be to... View More
I live in NC
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answered on Apr 8, 2018
Well what a smart person often does when they need something done that they don't know how to do themselves is they is hire someone who does. In your case, you'd hire a family law attorney to likely do what is known as a legal publication. Best of luck.
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answered on Apr 4, 2018
No. Where you were married is irrelevant. In order to get divorced you must meet the requirements of the area where you or your spouse currently reside. In NC the requirements are you must have been physically separated for one year and you or your spouse must have resided in NC for at least the... View More
The spouse cheated on my boyfriend and now has 2 children with the other guy and is engaged. She is now making excuses not to sign the actual papers. All steps are completed. What can he do to get this going?
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answered on Apr 3, 2018
There is no such thing as 'legally separated'. In NC, one is simply either separated or not. Also, NC is a no fault state, your boyfriend does not need his wife's permission, consent or for her to 'sign the actual papers' to get divorced.
We're still legally married what actions can I take in stautue 14-183
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answered on Mar 27, 2018
None. NCGS 14-183 is a statute regarding bigamy. Nothing in your question alluded to bigamy, just that you are married and your spouse has moved to South Carolina.
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answered on Mar 25, 2018
No.
The property and home are both in my name only. He also bought a home in Toledo Ohio prior to marriage that we have both paid on.
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answered on Mar 22, 2018
Since you likely both paid on these properties during the marriage with likely marital funds, you will both have a marital interest in each others properties whether you are on the deeds or not. How much of an interest depends on several factors such as how much of who's money was used to pay... View More
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answered on Mar 21, 2018
What? Are you the Plaintiff or the Defendant? If you are the Plaintiff - not only does your spouse not need to sign the divorce complaint, if he did, it may screw things up. He may need to sign something regarding his military status and the Servicemembers Civil Relief Act but if he refuses,... View More
I have been divorced paying alimony for fifteen years now and my ex has not fulfilled her obligation according to the divorce paperwork. We filed and completed the divorce in California. Accordingly, she was suppose to maintain a job (minimum 30 hrs a week) and reside in California to receive the... View More
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answered on Mar 21, 2018
I'm quite sure most people would like to not pay any taxes as well. What does how much she works and where she resides have to do with the amount of alimony you pay? Are you really with a straight face trying to say you want to dictate how she lives her life in order to receive alimony?... View More
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answered on Mar 20, 2018
Depends of if the man has a properly drafted and executed separation agreement that addresses that issue. If not, it is possible for wife to sue new partner but wife would likely be hard pressed to prove that the new partner broke up a happy marriage if the man's relationship with the new... View More
I will be moving to North Carolina soon, but I do not intend to live in the apartment my wife has found. She wanted it so I helped by giving my name on the lease. I don't plan to spend one night there. If I get another place on my own and live separate for you, will I still be eligible for... View More
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answered on Mar 14, 2018
There is no such thing as 'legal separation' in NC - one is simply either separated or they are not. If you are living in separate residences and at least one of you has the intent not to resume the marital relationship - you are as legally separated as you will ever be. It is important... View More
We have an agreement that just needs to be signed/notarized. I am able and want to start the divorce paperwork process, but want to incorporate this agreement with the divorce. Do I need to submit this agreement with the divorce paperwork or can this still be legal separately, as long as it is... View More
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answered on Mar 14, 2018
If it isn't signed and notarized then it is not an agreement yet. When it gets signed and notarized, yes, you will need to submit it with your divorce paperwork if you want it incorporated. If you do not submit it with the divorce paperwork it may still be a mere contract (assuming the... View More
She keeps calling my job non stop. She even dropped our 4 year old son of at my job and left, even after i told her not too. She then returned to take him back just minutes later. Her goal is to provoke me into getting into an argument with her in public. I was over at my brothers house and she... View More
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answered on Mar 13, 2018
Really? If she is doing it in such a way that there is no proof - then she's likely not doing anything wrong. For example - the license plate incident. If she tried to rip it off to the point she cut her self - it'd be bent and likely have blood on it. Any officer would be able to... View More
We have a signed agreement on file with the county - the mother wants to change this, I do not. She had an attorney draft a new agreement which I do not agree with. She is pressuring me to accept the agreement or she will file a motion to alter. I do not agree with the language or the items... View More
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answered on Mar 13, 2018
Your approval would make things easier and cheaper for her but why would you think she needs your approval? She can certainly roll the dice and see what a Judge says. There's likely no downside to her (except the expense of hiring an attorney) as she likely won't lose anything she... View More
We don’t think his ex wife is changing her Name back to her maiden name. They have no kids, only married 2 years. Is there a way to file an answer requesting her to change back to her maiden name?
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answered on Mar 13, 2018
Of course not.
I haven't seen him or heard from him in 9 years come September 22nd.
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answered on Mar 12, 2018
Until paternity is established in some form, the court orders it or perhaps if you are collecting child support from him - he will not have any rights to the child without taking some action to establish it.
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answered on Mar 12, 2018
One of you must have resided in NC for at least the 6 months immediately prior to the filing of the divorce. If neither of you reside in NC now - you will not be eligible to file in NC.
bought a home after we had separated put it only in my name and now i want to sell it but someone is trying to tell me he has to sign b4 i can sell the home we are still separated but not divorced
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answered on Mar 6, 2018
Depends on if you have a formal written separation agreement and if so, what is in your separation agreement, whether that agreement is properly drafted and if the agreement is valid. If you bought property while separated but without a having a formal separation agreement with the appropriate... View More
Wife and I are splitting, she had an affair. However, she refuses to leave the house and start the separation. She is waiting for separation agreement, which we don't have. She is going out of state to supposedly have a job interview next weekend. However, she probably meeting with the man... View More
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answered on Mar 4, 2018
You can't stop the trip - at least not legally. As to the separation, agreement or not, you aren't separated until one of you leaves the house and at least one of you has the intent not to resume the marital relationship. Now when you mention she is signing a lease, is that a new lease... View More
My spouse and I have been separated since March of 2017. No legal separation as we could not afford it, just been living under different roofs since then. It's right at the time for us to file for our divorce. We have both been seeing other people since we split. He gets mad and sends me... View More
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answered on Mar 2, 2018
There is no such thing as a 'legal separation' nor do you have to pay for it. All that is required is that you live in separate residences and at least one of you has the intent not to resume the marital relationship - meet those two simple requirements and you are as separated as you... View More
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