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North Carolina Divorce Questions & Answers
1 Answer | Asked in Divorce, Real Estate Law and Business Law for North Carolina on
Q: My mother and father are divorced but my mother's name is still on the house does she still have ownership of the house?

They had an absolute divorce and he pays the taxes on the house. The house was purchase with both of their names as 100% ownership

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 6, 2020

They are likely now tenants in common. Typically, this usually undesirable situation happens when people make the mistake of doing their own divorce.

1 Answer | Asked in Divorce for North Carolina on
Q: if a incarcerated woman files for divorce is the divorce automativc

it was an absolute divorce and there was no where for him to sign and he did not fight it

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 6, 2020

No divorces are not 'automatic' - you have to do stuff. Of course, there is no where for him to sign because he isn't required to sign. Essentially if you do not have a piece of paper signed by a Judge or Clerk of Court entitled Judgment of Absolute Divorce - then you are likely... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: My Husband and I signed a sales contract to build a new house in June 2019. We separated 2 weeks later but were not

able to cancel the contract. He is going ahead with the mortgage by himself and I will not be named on the property deed. I believe he intends to live in the new house rather than sell to avoid capital gains tax. I am not intending to claim anything regarding this house in the divorce but am I... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 3, 2020

Unless you are on the mortgage you likely won't be liable for anything but anytime real estate is involved, it is best to have a separation and property settlement agreement. If your spouse is agreeable, a separation agreement would protect you both and is quite affordable. Our firm drafts... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: My kids and I moved to NC when I left my X. He is in SC filing divorce paperwork they told him he had to put down they

Live with him or the courts wouldn’t accept it. He won’t even pay child support either. I had already filled out paperwork and all I was asked was if there was a custody battle going on over our children which there isn’t! Don’t have the money to pay for it right now. So I am confused and... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 29, 2020

What do you mean he won't pay child support? Just be-bop down to your local child support enforcement office and let them deal with it. It may take some time but odds are they will make him pony up the dough. As to the divorce, divorcewriter.com is a do it yourself site - frankly, most... Read more »

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1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: Separation and House

Me and my wife are about to separate in NC that requires 1 year separation before divorce can be final. She went and saw a lawyer, and in this state you dont need separation papers. She in moving out. She says I can keep the house for now and we discuss it in 6 months if we sell it or I buy my... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 22, 2020

I assume you want to limit yourself to just your legal options of stopping her. If so, no you can not stop her from trying but you may be able to stop her from winning if you do I what I told you to do in a prior question and that is go consult with a local family law attorney. Think of it this... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: I've been separated for 3 years and recently got a divorce. Can I remarry right away?

How do I know if and when my divorce finalized? And how long must I wait to remarry? I know for a fact that he has plans on remarrying as well so there will be no appeal. We ended this marriage non contested, outside of court, and are on good terms.

Melissa Averett
Melissa Averett answered on Feb 6, 2020

When you say you "got a divorce," did you go to court, or have an attorney go to court for you to have a judge sign a divorce order? You are divorced as soon as a Judge signs the order saying you are divorced and it's filed with the clerk. If the divorce has been done correctly, you... Read more »

1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: I'm pregnant and got divorced then remarried a week later. Who's name will be on the birth certificate?

I divorced my ex, and married my child's biological father. Just wanna know if my current husband (bio dad.) Or previous husband will be listed as father. The laws are pretty vague and confusing.

Adam Bull
Adam Bull answered on Feb 6, 2020

The biological father. Get a paternity test, then have the father file an action to legitimate the child.

1 Answer | Asked in Divorce for North Carolina on
Q: my Soon to be husband gave me money to buy a house can he ask for half during divorce when no papers where drawn up?

My soon to be husband told me to get $20,000 out of our account to buy a house and land for my son. We are now getting divorced can he make me pay half or all of that back. No papers or anything were drawn up saying I had to pay him back! We have not got divorced or legally separated yet.

Adam Bull
Adam Bull answered on Feb 6, 2020

The answer is maybe. If the house remained solely in your name it likely will be separate property. However if there were payments made during the marriage that would be marital. He can also argue for a bigger share of the marital estate to offset his separate property contribution.

Consult...
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2 Answers | Asked in Divorce and Family Law for North Carolina on
Q: Currently going through divorce and pregnant. How can my child's biological father be on the birth certificate?

I'm currently filing for divorce. I've been separated for 2 years, with a new boyfriend and my boyfriend and I are having a baby. How can we get my boyfriends name to be put on the birth certificate instead of my husbands? Do we sign the affidavit at the hospital or do we have to file... Read more »

Adam Bull
Adam Bull answered on Feb 5, 2020

First there is a presumption that your husband is the father until you are divorced. Second, your boyfriend will have to file an action to legitimate child once born. If you are not divorced at that time you will have to notify your husband.

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1 Answer | Asked in Divorce for North Carolina on
Q: I have been separated for 8 years now me and my spouse were married in Fl and I now reside in NC can i get divorced here

We were married in 2011 separated 2012, he reside out of the country and I reside in NC can I file for divorced NC? We have 8 year old son. We never shared any assets, there's no child support filed.

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 30, 2020

Depends on where he resides. If 'country' is not a typo and he actually resides outside the US, then you may have to comply with the Hague Convention to serve him - that is often and expensive and time consuming prospect. If so, and if you have lived in NC for at least the last 6... Read more »

2 Answers | Asked in Civil Litigation, Divorce and Family Law for North Carolina on
Q: Does a waiver of right to collect retirement benefits include new plans and contributions made during the marriage?

A California prenuptial contains the following clause.

"Each party agrees to execute a waiver of his or her right to collect benefits under the other parties qualified retirement plan or plans, if applicable."

Could this be interpreted to mean only those accounts that... Read more »

Adam Bull
Adam Bull answered on Jan 23, 2020

This is a contract issue and a matter of interpretation of the agreement. By the terms quoted it is ambiguous, meaning it has two possible meanings. The real question will be what was the parties intent at the time the agreement was entered. It is poorly drafted as this contingency should have... Read more »

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2 Answers | Asked in Divorce for North Carolina on
Q: How to divorce a Federal inmate?

This question is for a friend. She was married in Georgia but her husband has been in Butner prison in North Carolina since 2013 to be out in 2023. She lives in China and can not get a visa to enter the USA since she applied for a Green card before her husband was arrested. How can she get a... Read more »

Adam Bull
Adam Bull answered on Jan 20, 2020

She can file an action for divorce and have him served in prison. Assuming he doesn't contest any of the allegations, the divorce can be obtained by summary judgment so she would not have to be here.

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3 Answers | Asked in Divorce for North Carolina on
Q: I married in January 2019 and broke up in February 2019. What's my separation date?

We married the 18th of January, He left to live with his father on the 14th of February. I moved out into my own rental July 18. I just need to know which date to put so the divorce paperwork is properly filled out.

Adam Bull
Adam Bull answered on Jan 15, 2020

Whichever date is the date at which you were both physically apart, and had the intent not to resume the marital relationship.

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1 Answer | Asked in Divorce for North Carolina on
Q: I'm a citizen of North Carolina. My husband and I have a joint investment account through Morgan Stanley in California

My husband received an inheritance that was deposited into our Morgan Stanley investment account in his name only. Will I be able to receive any of this if we get divorced?

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 11, 2020

Inheritance would typically be his and you would have no claim to it unless he co-mingles it. So depending on the circumstances of the deposit into a joint investment account you may have some claim. However, regardless of what the law says, all other things being equal, you should not want a... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: I am married and I moved out 2 months ago. No separation papers.Can I see someone without the wife seeking legal action?

The new girlfriend is also married but moved out of her home too. Should we keep the relationship quiet or can we be open about it?

Adam Bull
Adam Bull answered on Dec 23, 2019

Until there are separation papers or other legal documents executed by both parties, you should be very careful and not flaunt any relationship. Both parties could be sued for alienation of affections.

1 Answer | Asked in Divorce for North Carolina on
Q: Who can I get a divorce from someone I don't know where they are at. Haven't seen this person in 5 years
Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 10, 2019

Assuming the someone you want to divorce is your spouse which by definition is the only person you can divorce, then you will need to do a diligent search to locate a good address for him. The best place to start is to inquire of his family and friends and maybe do a search of social media such as... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: I want to divorce someone but I haven't seen this person in 5 years and don't know where he is at . what can I do ?

He moved out of town in 2014

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 10, 2019

Assuming the someone you want to divorce is your spouse which by definition is the only person you can divorce, then you will need to do a diligent search to locate a good address for him. The best place to start is to inquire of his family and friends and maybe do a search of social media such as... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: Been divorced 4 years. Remained in house because I have 3 kids. Ex is pressuring me to move. I have no money to move.

I tried to get loan from bank but was turned down. Ex is only paying $225 towards house payment which is $909. Savings is being depleted. Have no money for down payment if I moved. He, by the way,has way more money than I do. He drives an Audi and goes on vacations. Me on the other hand am about... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 3, 2019

Consult with a family law attorney ASAP. Which is what you should have done 4 years ago to have avoided the current situation.

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1 Answer | Asked in Child Support, Divorce and Family Law for North Carolina on
Q: If my daughter who is my wife stepdaughter who enter college before we separated. Now me and my wife have a 10yrs

Together. She is seeking child support for the 10yrs ago. Can i carry my daughter as a dependent why im asking is because i retired from my job. And retirement is $160 000 less then what i was making. Carry my daughter would help reduce her child support money received. Right now we have joint... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 26, 2019

Your question doesn't really make much sense, if your daughter is your wife's step daughter she would have no claim to child support at all let alone from 10 years ago nor should she have any sort of custody. You daughter will be a dependent until she reaches the age of 18 and possibly a... Read more »

2 Answers | Asked in Child Support, Divorce and Family Law for North Carolina on
Q: Is my wife responsible for helping pay my daughter college tuition. Me and my wife separate and she is receiving post

Separation and alimony now. The child was 12yrs old when i marry my wife and i had custody of my daughter. And will i receive child credit for her in child support hearing because we also have a 6yrs during the marry and she is seeking support for the child we have together.

Adam Bull
Adam Bull answered on Nov 25, 2019

No and no. As your older daughter is not your wife's, she has no responsibility for her financial care. Second, child support ends when children turn 18 and graduate high school.

Because she is over 18 you do not ot get an offset for any of her expenses in college.

You each...
Read more »

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