Ask a Question

Get free answers to your Divorce legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
North Carolina Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: Is there a precedent in NC when the ex-spouse has refused to sign a quitclaim deed and now cannot be found?

My ex has refused to sign the quitclaim deed despite my having been awarded the property as a part of the divorce decree. Now she has stopped all contact and all attempts to contact her are fruitless. All attempts have been returned with 'moved and left no forwarding address'. Is there... View More

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2018

You don't need precedent - when someone fails to do right and you are faced with the prospect of having to force them to do right - you hire an attorney. Go consult with a local family law or real property attorney. They should be able to get your situation squared away. Best of luck.

1 Answer | Asked in Divorce for North Carolina on
Q: I have been separated from my wife for 15 years. In the divorce, how are assets acquired since the separation split?

My wife previously had a lower income, but now hers is higher than mine. We split assets when we separated (she kept the house, etc), but never went to court to get a legal separation. We have no children together or shared assets any longer.

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2018

Hopefully according to your properly drafted and executed Separation Agreement. Otherwise, after 15 years, likely the fair thing to do is each keeps his own and just move on.

1 Answer | Asked in Divorce, Family Law and Child Support for North Carolina on
Q: My daughter turned 18 last April, her classes finished near thend of May but her Grad ceremony was June 10. What day

does my child support obligation End? DSS is billing me for the entire month of June? Is this correct or should it be prorated to one of the three termination dates specifically on a per diem from the beggining of the month to the day of the specific event that ends the obligation? It... View More

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2018

You are obligated to pay until the child graduates. You likely ought to be glad its not a July ceremony. You could always simply refuse to pay for June and see if the other side has the tenacity to go after you for it - if they do, just pay it then. Or you could just pay June now with a smile on... View More

1 Answer | Asked in Divorce for North Carolina on
Q: Ex husband wants to send divorce papers. I'm currently in NC and he is in VA. Will I have to travel to VA?

We've been separated for almost 3 years. He wants to have a sheriff serve me the papers. I am curious if the papers would still be valid if he would just send them via mail? Can divorces be done without repeated court appearences? Never been through a divorce and I am curious due to the states... View More

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2018

if he has not already filed, you may want to consider filing here in NC first so you can control most aspects of the divorce process. If you let him file, the only reason you would need to appear is if you are contesting things he may be asking for. If all he is asking for is a divorce, you can... View More

1 Answer | Asked in Real Estate Law and Divorce for North Carolina on
Q: Who owns the timeshare that I purchased with my ex-wife prior to our divorce?

The deed was never changed to give ownership to either party prior to the divorce. The mortgage on the unit has been satisfied. Who is responsible for accrued maintenance fees?

Michael Hales
Michael Hales
answered on Feb 21, 2018

As it stands right now, you are both owners and both are therefore liable for the ongoing maintenance fees. If you don't want it, you could offer it to your ex-wife. In many cases I've had, I usually help communicate with the ex-spouse to determine who will take ownership. In the... View More

1 Answer | Asked in Divorce for North Carolina on
Q: divorced with no separation agreement need to get my name off the mortgage is there any way to do that

my name is on the mortgage and the deed of trust but not on the deed itself. there is only $18K owed on the house but he is living there and making the payments each month but he does not work and the payments got behind about 3 years ago when we divorced so they are continuing reporting behind on... View More

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2018

It sounds very much like you did your own divorce - if so, the situation you are in now is a prime reason why that is an incredibly bad idea. If property issues were not addressed at the time of the divorce, you can not now address that under normal equitable distribution. You likely should talk... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: Changing Custody Rights from Another State

ONE has full custody of children from another state from living there for two years after leaving NC until returning many years ago. ONE is quite controlling of the kids from TWO. TWO wants to have either (by people's law since God's law differs) half rights or no custody papers at all.... View More

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2018

TWO is simply going to have to bite the bullet and hire an attorney or if TWO want's to invoke god's law, I suppose TWO could ask god to smite ONE. An attorney will likely yield better results.

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: my friend is 15 and the judge is still giving both parents custody. why can’t she choose who she wants to stay with?

she is 15 and the judge ordered her to go back and forth between parents, and to start going to public school although she’s been homeschooled through the whole 1st semester. does she have any say in the matter? if not now when?

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2018

She has no say because she is a child - that changes at 18.

1 Answer | Asked in Child Custody and Divorce for North Carolina on
Q: If my wife cheats on me during the marriage, what would likely happen in a custody battle?

My wife is in love with another man, but doesn't want to fight for custody, if things go bad and we do what will likely happen?

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2018

The guiding principle for custody is 'what is in the best interest of the children'. Typically cheating will have no bearing on a custody issue unless the cheating affected or continues to affect the children in some negative way.

1 Answer | Asked in Divorce for North Carolina on
Q: My husband and I are seeking a divorce in NC. The problem is that he cannot live on his own, and I am is payee.

We are very amicable with one another, but feel it is best not to be married. We have not slept in the same bed for well over a year. There is no where that he or I can go (to officially separate). We are both on disability, and on a fixed income. What are my options?

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 15, 2018

Likely none. You must be physically separated (not living in the same residence) for one year to legally get divorced in NC. Some people lie about the separation period but if you get caught it is a potential felony perjury charge. You could go to another jurisdiction like Guam but even that... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: I am separated in NC since november, I just found out that my separated spouse is pregnant by another man, what do I do?

She and I separated November 12th 2017, I found out she got pregnant by another man in January 2018, does this change anything? We currently have 4 children together that I want split custody of that she doesn't want me to have, how should I handle this?

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2018

The best way to handle it is for you and her to agree to something fair and have that agreement formalized in a written Separation Agreement that will resolve all of your marital issues in preparation for divorce. We can guide you through that process very affordably with a flat rate fee of $250... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for North Carolina on
Q: In NC, what is considered sufficient evidence of physical abuse, infidelity, and financial abuse in divorce proceedings

I have audio recording of physical abuse, pictures of the abuse, and a hospital visit for one injury. The cheating I only have screenshots of mild conversations and a screenshot of his location when he was in a hotel room with a prostitute.

Daphne Edwards
PREMIUM
Daphne Edwards
answered on Feb 12, 2018

When a husband and wife are divorcing, I often address (1) division of marital property, (2) alimony, and (3) custody. In dividing the marital property, a court does not consider any misconduct except misconduct that harms the value of marital property, such as excessively spending of assets or... View More

1 Answer | Asked in Divorce for North Carolina on
Q: Please help me

I have some questions I hope you can help me with I got married oct 19 2017 and I was pressured into it because he’s in the navy and wanted to get BAH which he went and got an apartment in Virginia Beach but I still live in NC and we have never lived together. Will I have to be separated for a... View More

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 11, 2018

You are likely not eligible for an annulment as you don't seem to meet any of the grounds for annulment. Based on your description, you may be eligible to file for divorce as early as October 20, 2018. One year of separation is the only legal way to divorce in NC. You may however, be able... View More

1 Answer | Asked in Divorce for North Carolina on
Q: I have divorce papers signed and notarized from my husband dated in 2012. Can I still use them?

I still need to sign them and get notarized.

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 7, 2018

If they are 'divorce' papers then there is nothing for you to sign. If you mean a separation agreement, 2012 may be too long a period of time to form a valid contract and you should consult with a local family law attorney.

1 Answer | Asked in Divorce for North Carolina on
Q: In case we both want the divorce and we can submit it in one month by mutual agreement, we have no kids, nothing jointly

What should be the next step, is all going to be online, or we will meet the lawyer in person? Do we need separate lawyers or can we do it together, we don't want nothing from each other. The $395 are with fees included, we won't have to pay nothing else?

Can we start now so the... View More

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2018

You can not do you divorce online and it is likely cheaper to hire an attorney (at least our firm is often cheaper than you can do it yourself). $395 is our flat rate fee and covers everything needed for a standard uncontested divorce. Just visit us at www.easyncdivorce.com

1 Answer | Asked in Child Custody and Divorce for North Carolina on
Q: If I am separated, children live with me, no custody order in place. Can I relocate to another state? is it kidnapping?

If he is being a jerk about everything, refuses to sign or acknowledge a separation agreement and is now determined to take me to litigation for full custody, but there is still no custody order in place, do I have any leg to stand on with relocating?

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2018

It could be a problem for you depending on how much of an issue your spouse wants to make of it. Your best bet is to either get consent to move or better yet get all of your marital issues resolved in a separation agreement. Our firm can do a separation agreement for an average couple for a flat... View More

1 Answer | Asked in Criminal Law and Divorce for North Carolina on
Q: My husband assaulted me in Florida but I fled to NC before I could press charges. It's been a month, can I press charhe

His whereabouts are unknown his visa is expired

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2018

This is a personal choice you are going to have to make. But if you have already 'fled', it has been a month and you don't know where he is - why bother?

1 Answer | Asked in Divorce for North Carolina on
Q: Is it necessary in North Carolina to file a complaint in order to have a separation agreement in place?
Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2018

A separation agreement is nothing more than a contract. There is no filing requirement nor does there have to be a complaint of any kind in place. All that is required is that it be properly drafted and signed by both parties in front of a notary. For the average couple, there is also no reason... View More

1 Answer | Asked in Divorce for North Carolina on
Q: How can I retain a lawyer when husband controls all the money? 30 year marriage,3 grown children own buisness

Emotionally abused

Own home and other property in joint names.

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2018

Typical options include borrowing the money from family and / or friends or traditional sources.

1 Answer | Asked in Divorce for North Carolina on
Q: We’ve been separated for a year and. He wants my w-2 do I legally have to give it to him?

In our separation agreement it states that he gets my 2017 income yet he hasn’t supported me for the whole year I moved out got a job in a different state and started over do I legally have to give it to him?

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2018

Depends on what the agreement says. A properly drafted agreement will have a clause that says you must provide all documentation necessary to give proper effect to any of the terms in the agreement. If your agreement has such as clause you may have to provide the W-2. Our firm does offer... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.