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North Carolina Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: Can I file for divorce if my wife's 27 year old son won't leave ? She doesn't work and I'm taking care of both of them.
Amanda Bowden Johnson
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answered on Dec 3, 2017

You don't needs 'grounds' for divorce in NC. If you meet the eligibility requirements, you are entitled to a divorce as a matter of law and there is nothing your spouse can legally do to prevent it.

2 Answers | Asked in Divorce for North Carolina on
Q: Separation agreement merged into my divorce decree in NC. My ex husband is in CA, how can I take action for breach?

My ex husband was supposed to be responsible for half of our debts at the time of divorce, but he disappeared and I was unable to find him until recently when I found out he is living in California. I want to take action for breaching the agreement (which became part of the divorce) but am not... View More

Stephanie E. Emanuel
Stephanie E. Emanuel
answered on Dec 1, 2017

This would be best dealt by an attorney by an attorney. Please reach out to an attorney for a legal and free consultation.

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1 Answer | Asked in Divorce for North Carolina on
Q: My husband was incarcerated a year and a half ago & I need to get divorce papers to him that he refuses to sign.How?
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answered on Dec 1, 2017

What makes you think he needs to sign anything? NC is a no fault state - you do not need your husband's permission, consent or for him to 'sign papers' to divorce him. You'd likely be better off to just have our firm handle your divorce for you for a total flat rate fee of... View More

1 Answer | Asked in Family Law and Divorce for North Carolina on
Q: Can I move back into the house I jointly own with my husband even though we are legally separated?

We are separated and seeking divorce but have not been able to divide property yet.

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answered on Nov 29, 2017

Yes, you can likely move back in (especially if your spouse consents to it) but if so, you will no longer be 'legally separated' and your one year waiting period will likely restart.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: I have 50/50 custody of my son for four years now and now my ex is trying to force me to give up my 50% based on lies

Can she do this?

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answered on Nov 22, 2017

Sure, if you allow it. Go consult with a local family law attorney ASAP.

1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for North Carolina on
Q: I was served in NC with a DVPO that is full of false accusations. What can I do?

*I have added additional information to the bottom of this form *

This order was served after she began manipulation and gaslighting in order to make me jump through hoops to get time with my son ( we are separated) The order claims violence, threats and many other claims that are not true.... View More

Amanda Bowden Johnson
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answered on Nov 21, 2017

If you can not afford an attorney your options are to go to court, do the best you can and let the chips fall where they may. If you lose, you likely won't get to see your son. And yes, it is very possible you got played.

1 Answer | Asked in Divorce for North Carolina on
Q: My husband was willed 50% of his fathers share of a business. He bought his uncle out for the remaining 50%. I work

there part time. How much am I entitled to when we divorce?

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answered on Nov 9, 2017

Maybe some sort of very minor severance pay but all things being equal and from a fairness standpoint - you likely ought to be entitled to no portion of the business. However, issues like this are too detailed and complex to be answered with any degree of accuracy in a forum like this so your best... View More

1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: My Future Divorce Ruined?

I am in a pickle. After a bad argument with my exwife she filed domestic assault against me. Believe me, was just a scary fight with a lot of yelling and regrettable words said. But she decided to run to the courts. Now I can not have any contact with her for a year (and she is supposed to be my... View More

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answered on Nov 8, 2017

NC is a no fault state meaning if you meet the eligibility requirements for a divorce you are entitled to it as a matter of law. So the no contact order will have zero effect on your divorce.

1 Answer | Asked in Divorce for North Carolina on
Q: If i had a savings account in my daughter and my name before I got married, is my husband entitle to any of the money

My husband name was never on the account. Was married for a total of 15 months before separating. I want to verify that he is not entitle to half of the money that I accumulated in the count while we was married, cause the account was initially established for my daughter.

Amanda Bowden Johnson
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answered on Nov 2, 2017

If you put any funds in the account that were earned during the marriage then theoretically he will have some sort of marital claim but in reality, the odds of him getting a portion of that account are likely slim.

1 Answer | Asked in Divorce for North Carolina on
Q: Seeking a divorce while living together.

I am thinking about divorcing my husband, but at the moment it makes more sense for us to continue living together. From my understanding you must live apart for one year to divorce in NC. Is there anyway around this? We would not be sharing a room or being romantically involved with each other.

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answered on Oct 31, 2017

There is no legal way around the required one year separation period. You must live in separate residences (separate rooms is not sufficient). Some people think to themselves 'Hey, I'll just lie about the separation period - it's only a little white lie. What's the... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: In family court proceedings that last more than one day, can opposing council take your evidence binder?

Just wondering if this has any legal significance.

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answered on Oct 30, 2017

If it was part of discovery they are likely entitled to it if it was merely evidence that was intended to be used at trial they should not have received a copy of it until it was introduced. Basically, if you were represented by an attorney, you likely have nothing to worry about. However, if you... View More

1 Answer | Asked in Divorce for North Carolina on
Q: My husband and I have been separated 10 years. We never signed separation papers. How long would it take to get a divor

How long would it take to get a divorce in the state of North Carolina

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answered on Oct 25, 2017

Depends on how cooperative your spouse is with you. If your spouse is cooperative and also wants the divorce it can be done in a matter of a few weeks for a total cost between $395 and $495. Feel free to visit our site at www.easyncdivorce.com

1 Answer | Asked in Divorce for North Carolina on
Q: How do I get divorce in NC if married in Jamaica but never registered here? I have lost the marriage certifcate.

I do not have the needed information to get a copy from Jamaica. I have been married for 20 years. I have been separated for 2 years.

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answered on Oct 25, 2017

What is it you think you need to register? The marriage? If so, you are misinformed. If you were legally married in Jamacia and you meet the eligibility requirements for divorce in NC then you can certianly get divorced in NC. Further if your spouse is cooperative with you and wants the divorce... View More

1 Answer | Asked in Divorce and Probate for North Carolina on
Q: Can I still get the house if something happens to my husband. Even though we haven't been together for 13 years

He has a live in girlfriend for.the past 13 years. But we bought the house together when we were still with each other. We aren't divorced or legally separated. Just want to know what will happen if he passes away

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answered on Oct 25, 2017

There is no such thing as 'legally separated'. In NC you are simply either separated or you are not and after 13 years, odds are you are likely as 'legally separated' as you ever will be. What does that mean regarding the house? If you are still on the deed it will likely be your house.

1 Answer | Asked in Divorce for North Carolina on
Q: Childern born for another spouse after seperation have to be included in complaint of absolute divorce?

Spouse and I have been separated for 6 years just never divorced. I have two children with my current boyfriend of 5 years. Do I have to include them in my Complaint for Absolute Divorce?

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answered on Oct 23, 2017

Yes. Paternity is irrelevant.

1 Answer | Asked in Child Custody and Divorce for North Carolina on
Q: Can I get divorced now and file for legal and physical custody later on?

My husband is in prison. I would like to divorce him and I want to have full legal and physical custody of our daughter due to the nature of his crime (2nd degree sexual exploitation of a minor) but cannot afford the retainer fee that comes along with a divorce involving child custody. Is it... View More

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answered on Oct 18, 2017

Yes, child issues are always open issues until the child ages out at 18 - meaning they can be addressed at virtually anytime. The divorce can be done very inexpensively - likely cheaper than you can do it yourself. Just call us at (910) 333-9679 or visit www.easyncdivorce.com if you have other... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: My wife and I are wanting to get divorced. Need to legal advice.

there are children involved and that is really the only issue that has kept us from getting a divorce. well, that and we are both very poor.

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answered on Oct 17, 2017

You need to physically separated (not living together) for one year to be eligible to file for divorce. If you want an agreement regarding the children to be part of the divorce, the easiest way to do that is enter into a parenting or separation agreement. While some attorney's still charge... View More

1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: When to Start a Divorce Process?

During the one year separation of spouses, when does one start seeking a lawyer for the process?

But I mean WHEN? To start filing the day of, what is the minimum to speak to a lawyer? There are hundreds with countless high rates, where to begin and how soon as to not find a place where no... View More

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answered on Oct 17, 2017

It's a personal preference. You must be separated for one year to file for divorce but there are other marital issues that can be resolved right away.through a consensual separation agreement or court action if necessary. There is no question that being fair with your spouse and resolving... View More

1 Answer | Asked in Divorce for North Carolina on
Q: Divorce and child custody

My ex wife and I are getting a divorce and she is trying to put a child custody agreement in the divorce papers and is not letting me see the papers until I pay for half of it is this legal or can she do this

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answered on Oct 12, 2017

She can do it if you let her or you can hire an attorney.

1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: My husband got a VA Loan in Gastonia, NC in his name, but I had to sign all papers too. can he sell our home without me?

I had to verify my income as well and signed papers. My name is on the deed with his.

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answered on Oct 11, 2017

If you are on the deed then of course he can't sell the property without your consent.

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