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answered on Oct 11, 2017
While it would have been nice if you had mentioned what kind of complaint that is really is moot because the odds of a non-lawyer successfully drafting any complaint properly is less than slim and none. If you aren't a mechanic you would never even consider rebuilding your cars transmission... View More 
My ex wife has it stated that our daughter cannot be around my new girlfriend in our divorce papers is that legal even if we get married can she do that
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answered on Oct 10, 2017
Who cares what your wife states? What matters is what a Judge states in a Court order. You see, your wife doesn't get to dictate the terms of the divorce. She files a divorce complaint and asks for what she wants. You are suppose to respond to the divorce complaint and state why she... View More
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answered on Oct 10, 2017
She can't but a Judge could especially if you failed to properly respond to the divorce complaint.
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answered on Oct 10, 2017
Even if it is not legal, why would you want your ex-wife around your new wife? Besides it doesn't have to be a Court order, if your ex doesn't want to be around your new wife, she has a right not to and she has a right to insist you and your new wife respect that desire.
he has been lieing and cheating on me all this time we have live together for 3 years in this condo and 2 years married we have no prenup
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answered on Oct 5, 2017
You likey have a marital interest in the property but after only 2 years, it is likely an incredibly small interest not worth pursuing.
He lives in PA now. I want to buy a new home without him. Can this be done? Does he have to sign the deed? Our divorce process starts in Nov. and my closing is October.
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answered on Sep 29, 2017
There is no such thing as a 'legal separation'. In NC you are simply either separated or you are not. If you are living in separate residences and at least one of you has the intention not to resume the marital relationship you are as 'legally separated' as you ever will be.... View More
He blows large amounts of money on weed and is verbally abusive. We have no kids
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answered on Sep 28, 2017
You have basically three legal choices:
1) move out yourself - this is likely your best option.
2) file for a divorce from bed and board which is a way to have the Court force him to leave. This is time consuming and expensive.
3) stay and deal with it.
If you stay,... View More
I hear my husband is planning on dating once the separation agreement is finalized, would that be considered cheating since we are technically still married?
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answered on Sep 21, 2017
Dating is legal while married with or without a separation agreement. Sexual intercourse with someone other than your spouse while still married (adultery) is illegal in NC but good luck getting a DA to prosecute it. It may however have an impact on the divorce aspect of things. However, if the... View More
My ex wants us to draft our own separation agreement. How binding is that in court, so he fail to comply once it has been notarized?
We don't have kids.
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answered on Sep 21, 2017
The bottom line is if you do your own separation agreement and you aren't an attorney, you will have no idea how binding it is until it is too late to do anything about it. Just have a law firm draft it for you and you won't have to worry about it. Our firm does comprehensive separation... View More
I am in Jacksonville, North Carolina Onslow county
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answered on Sep 20, 2017
The short answer is likely no. Adultery is a crime in NC but good luck getting any DA to prosecute it. There is no such thing as 'legally separated' in NC. All that is required to be what a lot of people like to mistakenly refer to as 'legally separated' is 1) not living... View More
My husband opened credit cards on his own. I never signed anything. Why should I pay for half of something when I didn't use half of the cards? I researched this and it seems like to the creditors, I wouldn't owe them anything because I didn't open them with him. IF that is the... View More
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answered on Sep 15, 2017
NC is an equitable distribution state. Equitable means 'fair'. So basically property and debt acquired during the marriage and prior to separation are divided and distributed fairly. Fairly does not mean evenly. So you could end up paying debt that isn't 'yours'. You... View More
If I have asked my husband to move out do i have to go to a Lawyer to have a separation agreement drafted and filed? Or can we just write up something with the date he left?
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answered on Sep 13, 2017
Separation Agreements are a great way to establish your separation date and resolve all marital issues except for the divorce. They are not required to be filed however, if you want it to be done properly and be enforceable you should have an attorney do it. The good news is they are fairly... View More
My husband committed adultery and he thinks he has done nothing wrong, he is trying to sell our house, both names our on the deed, we have 2 cars both in his name, we have 4 children together, I have stayed put in our house, I truly believe we can fix our marriage and he refused to try, but I need... View More
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answered on Sep 9, 2017
He can up and leave and quite frankly that would likely be best for you, but if your name is on the deed, he can not sale the house without your consent. Your best bet is to consult with a local family law attorney ASAP. Best of luck.
1st 19 months of marriage we've never lived in the same state with each other. He lived in Alabama while I lived in Louisiana. I quickly saw unsettling signs about him that was just too much for me so I cut off communication. 17 months later he started calling again. By this time he was in NC,... View More
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answered on Sep 4, 2017
You had what you needed to get divorced in NC before you moved here but because you decided to try and make the marriage work and reside together for a month, you now have to wait an additional year to get divorced in NC. Since you have not established residency here you may want to check the... View More
The agreement says what's in his name only remains his only. He has died.Can I record the agreement and will it be enforced? He did not have a will and has a 6 year old daughter he wanted to have everything.
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answered on Sep 2, 2017
In NC you can not disinherit your spouse - she would have the option to take an 'elective share'. So he couldn't have left everything to his daughter without his wife's consent even if he had a will and that's what he wanted. As to the Agreement - there is nothing to... View More
my "husband" on the birth certificate or not?
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answered on Sep 2, 2017
If you have the child in VA you will have to ask a VA attorney or look into VA law.
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answered on Sep 1, 2017
In NC there is no such distinction as 'legally separated'. Here you are simply either separated or you are not. If you are still married or even divorced but within a certain period of time of giving birth, your husband is presumed to be the father (even if he is not). During this time... View More
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answered on Sep 1, 2017
No.
I need to hire a lawyer to help me asap.
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answered on Aug 31, 2017
If you mean contingency - usually only personal injury lawyers work on those types of fee arrangements.
Hi, my soon to be ex is refinancing the house to his name and I said yes! Because I felt that that was the fastest way to move out. Here is the catch:
1. He says I am not getting any equity, profit whatever from this house. We bought the house in 2011. His reason was since I was the one... View More
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answered on Aug 30, 2017
I normally recommend that couples sit down and work things out fairly themselves. Its cheaper and less stress. But that's likely a waste of time for you. Your husband sounds like a bully and he's likely wrong in his assessment of how things will turn out. Go see a local family law... View More
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