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North Carolina Divorce Questions & Answers
1 Answer | Asked in Divorce for North Carolina on
Q: How long does it take to get a judgement on divorce from bed and board?
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answered on Feb 1, 2018

Each case varies based on numerous factors. Suffice to say it won't be cheap and it won't be quick. In the best of circumstances, it will likely take several months. It is far better and less expensive for you and your spouse to sit down and work out something fair. If you go the... View More

1 Answer | Asked in Divorce for North Carolina on
Q: Husband gets an attorney through the military is there anyway to get free legal aid through the state or court system?
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answered on Feb 1, 2018

Since you posted in 'divorce' I assume it is for a divorce. If so, you really don't need free legal aid unless you are completely indigent or if the divorce is contested with other marital issue you and your spouse can't agree on. If the divorce is uncontested, it can likely... View More

1 Answer | Asked in Divorce for North Carolina on
Q: We never lived together, and in 1 month we'll have one year. We don't have kids. Can I file for divorce at 1 exact year?

In March 2nd we'll have one year, how long should I wait, I want a divorce him fast as possible, I'm planning on filing a divorce by myself, I was unemployee for a few months after we lost the baby at 4 month being pregnant so I don't have much money right now to hire a lawyer, we... View More

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answered on Feb 1, 2018

If March 2nd is your separation date, filing on March 4th would be best to avoid any issues with filing too soon. As to him not wanting the divorce, NC is a no fault state, if you meet the eligibility requirements for a divorce you are entitled to it and there is nothing he can legally do to... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for North Carolina on
Q: Are child custody and support handled separately from a separation agreement?

Or can they be included in the separation agreement (assuming the divorce is uncontested)?

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answered on Feb 1, 2018

They can be done separately but most people include them in their Separation Agreement. Doing them together is also great way to keep costs down. For an average couple, we can do Separation Agreements for a flat rate fee of $250 and if you want, the Agreement can be incorporated into your divorce... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: What rights do I have to see my child after my uncontested divorce?

My ex-wife and I had an uncontested divorce. No separation agreement or custody paperwork were ever filed. Nor did we submit any documents for child support. She has our child and has been denying me all forms of contact and visitation. Do I have any rights as the biological father? Or do I have to... View More

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answered on Feb 1, 2018

if you are on the birth certificate and there are no court orders or agreements to the contrary, then you have as much right to the child as the mother. If she is denying visitation and she does not have a legitimate reason for the denial then you may have to hire an attorney. Most Judges take a... View More

1 Answer | Asked in Divorce for North Carolina on
Q: Can my husband be served with a p.o. box address because I don't know the physical address

Can I write the physical address in the box with his p.o.box address if I get it

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answered on Jan 31, 2018

You can serve him by certified mail at a PO Box. As long as he signs the return receipt card indicating he was the one that picked it up, then a PO Box is fine. You can not use a PO Box to serve by sheriff.

1 Answer | Asked in Divorce for North Carolina on
Q: My wife is still married to her first husband. If she divorces Him will we still have to get an annulment?

We got married October 18, 2015

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answered on Jan 31, 2018

Technically, no because you and your wife are not married. Bigamy is a felony crime so the first step may be for her to talk to a local attorney about that aspect of things. Typically as long as it was due to a mistake, DA's are not real interested in prosecuting bigamy but if it was done... View More

1 Answer | Asked in Divorce and Adoption for North Carolina on
Q: Can termination of parental rights be sought during the divorce process, or must the petition wait until afterward?

The biological father has not had contact with my son (who is now 5) for close to three years. I have been with my partner for these past three years, and my son calls him dad. My partner and I would like to get married and he would like to adopt my son. Should the petition wait until after the... View More

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answered on Jan 31, 2018

The petition is separate from the divorce and neither will have much if any impact on the other. So they can be done at the same time or either one before the other.

1 Answer | Asked in Divorce for North Carolina on
Q: Can my ex-wife of 10 years ask for alimony now if her circumstances have changed? She was not previously receiving it.

My husband's ex-wife is asking for alimony. They have been divorced for almost 10 years and were married for 11. She lives in South Carolina, we live in North Carolina. She has not been receiving alimony all this time, but she was receiving $1,000/month child support until 6 months ago when... View More

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answered on Jan 27, 2018

Can she ask for alimony after all this time? She can ask but she won't get it.

Or is it too late after the divorce. Yes, it is too late - she is now barred for getting alimony.

If she can, will the judge consider the income discrepancy between her and my husband? If she could,...
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1 Answer | Asked in Divorce for North Carolina on
Q: If I decide to separate and divorce in NC soon and my husband quits his job and decides to live off the money saved, how

do I ask for alimony if he won't be working for longer that a couple of years?

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answered on Jan 24, 2018

You may be confusing alimony with spousal support. Your best bet is likely to consult with a local family law attorney.

1 Answer | Asked in Divorce for North Carolina on
Q: Spouse wants to separate and move out. We live in NC. We have a 13 month lease.

I am currently on his insurance. Although I work I cannot afford the lease and my health insurance. What are my options?

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answered on Jan 23, 2018

If he doesn't want to do right. you can likely force him to pay you his fair share. You should likely consult with a local family law attorney ASAP.

1 Answer | Asked in Bankruptcy, Consumer Law, Divorce and Real Estate Law for North Carolina on
Q: Can I remove my name from the deed of a home that I own with my spouse in NC?

My husband and I can't agree on several important issues, including income requirements for our family, and I'm planning to file for divorce, giving up the home to him in the decree. Given the possibility of a lengthy divorce, I'd like to remove my name from the deed before filing so... View More

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answered on Jan 22, 2018

You can certainly file a quit claim deed releasing you from the property. However, you'd likely be giving up a major source of leverage against him in the divorce if you plan to do this before filing. Also, it seems you are likely still living together in the house. If so, you will not be... View More

1 Answer | Asked in Divorce and Domestic Violence for North Carolina on
Q: I have been separated from my abusive husband for 10 years I want a divorce but I don't know where he is

He is illegal and I haven't the slightest idea where he is since he has been on the run from the police. My question is what would be the easiest and fastest way for me to get a divorce? I would really like to move on from this chapter of my life. Thanks!

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answered on Jan 22, 2018

the easiest and fastest way would be for you to find him and get him properly served. If you can not do that, you can still get divorced but it will take much longer and be way more expensive. Visit our site at www.easyncdivorce.com

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: I am in the middle of a divorce and my ex will not agree to 50/50 custody. Will a judge give father 50%?

I travel for work but I can limit my schedule to certain days. She is saying since I won't agree to her schedule she won't let me see the kids. Will a judge rule towards a mother having primary custody vs 50% when a father wants it and there is no reason she can support as to why I shouldn't?

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answered on Jan 19, 2018

Most Judges will be quite displeased with a mother who attempts to dictate the schedule by withholding visitation. I have literally seen children go into to Court with the mother and come out of Court with the father. So you need to be able to prove she is doing what you are saying. There is no... View More

1 Answer | Asked in Divorce for North Carolina on
Q: My husband and I are separated and he is driving a car that I own and carry ins on but is refusing to pay for it.

I purchased the vehicle before I was married and when I was making a substantially higher income. I can no longer afford two car payments on my own and he is refusing to help with the payment or the insurance. Am I able to take the car and sell it?

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answered on Jan 19, 2018

If you had the car and made payments on it during the marriage, he will likely have some minor marital interest in it even if you bought it prior to the marriage and it is titled and insured solely in your name. So if you take it you definitely should not sell it without his consent or if you do... View More

1 Answer | Asked in Divorce for North Carolina on
Q: How do I file for divorce in NC when my ex spouse lives in SC? We were married in SC
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answered on Jan 18, 2018

As long as you have lived in NC for at least the last 6 months and you have been physically separated for one year, you are likely eligible to file for divorce in NC. Your spouse being in SC is no problem as long as they have a valid address there and where you were married is completely... View More

1 Answer | Asked in Divorce for North Carolina on
Q: Rights to Home bought while legally married?

I have been married since 2013. We have not lived together in sometime. No legal separation or divorce. He recent bought a home. Do I have rights to that? No papers were signed on my part at all.

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answered on Jan 17, 2018

You may have some extremely slight marital interest in it but likely not enough to cause any real issues for him unless he dies without a will. Also, just so you know, there is no such thing as 'legal separation' in N.C. In N.C. one is simply either separated or not. In order to be... View More

1 Answer | Asked in Divorce for North Carolina on
Q: Is our uncontested divorce legally valid if we never lived apart? We didn't "break up" it was for dire financial reasons

What are the consequences of our actions? We want to make it right and we would like to be rid of our divorced status.

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answered on Jan 15, 2018

If you are saying you got divorced by lying and without being separated for one year then who ever filed the divorce complaint is likely guilty of felony perjury and if the defendant went along with it, they are likely guilty of aid and abet felony perjury (which will carry the same punishment) and... View More

1 Answer | Asked in Divorce for North Carolina on
Q: How do I go about getting a divorce ?We have been separated since Aug.2012. I live in N.C. and he lives in Texas.

We have no kids or protey between us. Also can I get my maiden name back even if I'm on Disabilty?

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answered on Jan 12, 2018

Just go to www.easyncdivorce.com $395 covers everything needed for a standard uncontested divorce - that often works out to be cheaper than trying to do it yourself.. Yes, you can resume your maiden name - the fact that you are on disability is irrelevant - and that is included in the $395 flat... View More

1 Answer | Asked in Divorce, Probate and Estate Planning for North Carolina on
Q: I have a court order stating my ex should have a policy worth one hundred thousan dollars on his life he died and did n

and did not have the policy my divorce states that i should go on his estate. how do i get added to his will.

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answered on Jan 10, 2018

You can not be 'added to his will' but you may have a claim against the estate. You will need to contact an attorney ASAP because this is likely a time sensitive issue.

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