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North Carolina Divorce Questions & Answers
1 Answer | Asked in Family Law and Divorce for North Carolina on
Q: Alienation of affection NC. Is there a lawyer I can call to get a clear-ish answer on this type of lawsuit.

Alienation of affection NC. Is there a lawyer I can call to get a clear-ish answer on this type of lawsuit.

Main concern is about jurisdiction.

Cheated on spouse is a NC resident recently relocated under false pretenses out of State. Both cheating spouse and paramour are Out of State residents.

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answered on Jan 9, 2018

This is certainly nothing complex - at least not the concept. This is a lawsuit where you would be suing your spouses lover and basically claiming the lover broke up your happy home and you need to be compensated. These types of law suits are often difficult to win because you have to prove your... View More

1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: What can I do about a quit claim deed that my ex spouse has not used?

My wife and I divorced 2 years ago. We both signed a quit claim deed in front a notary, "giving her the house" which was never filed in court or anything, she still has possession of it. She has still not sold the house, or taken my name off of the loan. I am still paying the mortgage. We... View More

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answered on Jan 6, 2018

I assume you did not have an attorney, as no attorney worth their salt would have allowed you to sign a quit claim deed while still on the mortgage. Hopefully there is something in the divorce judgment that addresses this issue or you are for lack of a better word very likely screwed.... View More

1 Answer | Asked in Divorce for North Carolina on
Q: I have been separated from my husband since May 2017. He has a son from a previous relationship and we have a daughter

together she lives with me. My ex stayed at the house we lived in together and I left. Right now I roommate and pay 1/2 of the bills and provide for my daughter 100%. she does not see her dad unless he calls on facetime or holidays, no overnight visits. How do I file my taxes? Can I file head of... View More

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answered on Jan 6, 2018

These are questions for your tax preparer. If you plan to do your own taxes and you don't know the answer to these questions then you need someone to do your taxes for you.

1 Answer | Asked in Divorce for North Carolina on
Q: What happens in a divorce if the man walked out on his wife and child and have given no support to either is this wife i
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answered on Jan 3, 2018

Depends. If you do nothing, then he basically walks away and pays nothing. If you hire an attorney and get the Court involved, they usually at least make him pay you child support maybe more.

1 Answer | Asked in Divorce for North Carolina on
Q: Separation agreements in divorce if I sign saying I will pay something can I get in trouble if I don't

If you sign a separation agreement in a divorce saying you will pay off his credit card bill but circumstances have changed. Like he is only paying you 700 a month because he is making you pay the car payment, a mortgage that is 1100 and other bills to keep a roof over your kids head. Also now he... View More

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answered on Jan 3, 2018

Depends on a bunch of things. First, what you mean by trouble? Second it depends if the agreement is properly drafted and if so what the terms say. Third, it depends on if it is just a separation agreement or if it has been incorporated into a divorce judgment. Regardless, it is likely the... View More

1 Answer | Asked in Child Support and Divorce for North Carolina on
Q: In North Carolina with an uncontested divorce once final can either spouse go back and ask for child support or alimony
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answered on Jan 2, 2018

Sure, you can ask for anything but it is likely you really want to know what the odds of getting it are. You may get child support. You likely will not get alimony unless that was brought up during the divorce.

1 Answer | Asked in Divorce for North Carolina on
Q: In NC while being separated are you allowed to go on a date with someone whom you met after already being separated?
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answered on Jan 1, 2018

Of course you can but it is likely the real question you want to know is will I get into trouble. The answer is possibly and it depends on how much of a you know what you ex chooses to be if they find out. If you want to date and associated without worry of issues later down the road, just get a... View More

1 Answer | Asked in Divorce for North Carolina on
Q: My husband and I are separated right now. I have my own apartment and he is living in our house. I can't afford to pay

for my apartment and still somewhat help at the house when he is struggling. Am I able to move back home and continue to be separated but just for financial reasons? I can also stay at friends homes in the meantime as well. Just to save some money, but that means that legally we will have the same... View More

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answered on Dec 30, 2017

You can not move back in with your husband and remain separated.

1 Answer | Asked in Divorce for North Carolina on
Q: I'm married to my husband in NC and found out He is still married to another women in NY. Who marriage is legeal
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answered on Dec 29, 2017

If what you are saying is true - you are not married.

1 Answer | Asked in Divorce, Family Law and Immigration Law for North Carolina on
Q: Contact During the Divorce Process

During the divorce process, if a lawyer is involved, does the filer need to contact the other person, or can the filer give all the contact info to the attorney and they do the hunt downs and such, contacting any family member if needed to find the person (out of state) and get the needed info?

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answered on Dec 28, 2017

Not sure what you are asking. When you say 'filer' who are you referring to? And when you say 'lawyer involved' do you mean your lawyer or your spouses lawyer? You can have what ever arrangement you want with an attorney but the best way to get divorced is to pay a flat rate... View More

1 Answer | Asked in Divorce, Family Law and Immigration Law for North Carolina on
Q: Getting a Lawyer with Nothing in the Bank

I asked this twice already with no answers. Last question was sitting a month without a reply. I am sure I know why. Yet, I will keep asking until I get help.

With an upcoming divorce that needs to be done from a spouse who did bad things, how does one get a lawyer to assist? Got nothing in... View More

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answered on Dec 28, 2017

If you are at McDonald's and want a cheeseburger and don't have any money, the most often out come is - youse don't get a cheeseburger. Its the same for legal work. However, it never hurts to ask. As far as I know, your cheapest viable option would be to have divorce forms and... View More

1 Answer | Asked in Divorce for North Carolina on
Q: I have been separated for 2 !/2 years. I can't find my husband to have him served. What's my options?

I have been looking for him for over a year to get an address to serve him with divorce papers. He's no longer at his last known address.

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answered on Dec 27, 2017

You need an attorney to serve by legal publication basically an specialized ad in an approved newspaper.

1 Answer | Asked in Divorce for North Carolina on
Q: Separated, I have the home in my name, she left me. Can I sell the home without her signature?
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answered on Dec 23, 2017

We'd need more information but likely not - at least likely not without possible consequences.

1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: My Husband and I have discussed divorce however, he doesn't want to move out of my house so we can start the separation.

He is not on my deed and has not paid any mortgage payments. No utilities are in his name. Can I give him a 60 day notice to vacate.

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answered on Dec 14, 2017

No - a 'notice' won't work unless he wants to move out. If he won't agree to move out, the only way to get him out legally is to file a divorce from bed and board or if he ever get violent with you a DVPO will likely work as well.

1 Answer | Asked in Divorce for North Carolina on
Q: Can my ex have visits, if the divroce decree does not mention them, and no separation papers were attached?

My ex filed the divorce papers in a wrong manner. This did not attach the separation papers. Apparently my attorney did not get the answer to the court in time , and I am only concerned my daughter not have to visit my ex. There is no mention of visitation in the divorce dcree, only in the... View More

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answered on Dec 14, 2017

If your ex did not want the Separation Agreement incorporated and purposefully left it out - then she likely filed correctly. So unless your Separation Agreement states that it 'shall be incorporated' or words to that effect, it is likely too late to now have it included in your divorce... View More

1 Answer | Asked in Divorce for North Carolina on
Q: Can a person get a divorce by posting a divorce ad in the news paper if the spouse refuses to sign the papers

Been married for over 13 years but we've been separated for 10 years

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answered on Dec 12, 2017

If you are talking about a divorce in North Carolina - you likely have the wrong idea. There are no papers to sign. NC is a no fault state. You do not need your spouses consent or permission to divorce. While it is nice if they sign an acceptance it is not required and in most cases there is no... View More

1 Answer | Asked in Divorce for North Carolina on
Q: Wife abandone'd me week before thxgiving.living with her mother can I change locks on house to keep her out of house

House loan is in my name she maybe on deed of truat. She has been comunicating with another man since sept i have 100s of texts and calls..which multiplied greatly the day she left..do I have to notify.her before i change them?

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answered on Dec 11, 2017

The short answer is yes, you can change the locks. You own the property - you can do with it what you wish. Lawyers prefer that you not change the locks unless your spouse has indicated to you that she is leaving with the intent not to resume the marital relationship and you can prove it or if... View More

2 Answers | Asked in Divorce for North Carolina on
Q: Do i have to notify her locks are change because of abandonment and state some article number
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answered on Dec 10, 2017

No. Of course, if she is still on the deed she can break in likely without penalty. Your best bet is to consult with a local family law attorney.

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1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: My wife left me the Fri before tsgiving with the kids...can I change my locks for her abandonment there is another man

She has. Been co.municating with another man since sept..i have hundreds and hundreds of text and calls between them..can I change locks..house loan I. My name she.maybe o. Dead of trust

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answered on Dec 10, 2017

You can change the locks and maybe refinance in your name alone but refinancing in your name would be a bad idea because you can not change the deed without her consent or a court order.

1 Answer | Asked in Divorce for North Carolina on
Q: My ex is holding mail that has been accidentally delivered.

We have everything divided up per a separation agreement. I put a forward in the post office. However, some items are still being sent to the home we shared. Additionally, bills that I am responsible for that are in both of our names, are going to the house. He hasn't sent me anything, and... View More

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answered on Dec 4, 2017

In addition to filing a forwarding address, you should have changed your address directly with those you do business with. So at this point, now that you know there is a problem, your best option is to do what you should have done in the beginning.

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