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North Carolina Divorce Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Divorce and Military Law for North Carolina on
Q: 100% disabled veteran. Him and wife divorce. They have 1 kid and a house. Is she entitled to his disability if divorce.

He had been getting 100% military disability before they married.

Paul Ylvisaker
Paul Ylvisaker answered on Jan 4, 2021

No. By federal law is not divisible or an asset of the marriage to be divided. However, the income can be used in calculating child support in most states.

1 Answer | Asked in Divorce and Estate Planning for North Carolina on
Q: Divorce my elderly husband but still taking care of him

I am much younger than my husband and we have not been actual husband and wife for many years although we were never divorced. I wouldn’t mind taking care of him but need to divorce him now so I can seek other life partner. What would be your best recommendation? He is in North Carolina and I am... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 23, 2020

If you are at all concerned about the liability of your assets for the payment of your husband’s long term care you should consult with an elder law attorney in the state where he is likely to receive the care. It is not clear which state that is. The laws of the states of California and North... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: Anything that can be legally done if a spouse is working but not contributing or helping with household expenses?

My husband is working full time but claims to not have money for bills and household needs. Is there something I can do since he isn't helping financially?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Dec 21, 2020

Legally done? No, there isn't a way you can legally force your spouse to contribute to the household bills. He can't force you to do anything, and you can't force him to do anything.

You are on a site full of divorce attorneys, so perhaps you'll receive some feedback...
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3 Answers | Asked in Divorce for North Carolina on
Q: what would an attorney advise if you are considering a divorce and wanting to move out?

My husband spoke to an attorney and wanted to understand his rights and what he would need to do to start the separation process. Could he move out and it not be considered abandonment? I guess I'm trying to find out if he would have been advised to not leave the house and to do other steps first?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Dec 21, 2020

I'm not going to speculate on what some other attorney may or may not have told your husband, but I can say that "abandonment" isn't a distinct legal claim and is usually not something I spend a lot of time talking about with clients who have yet to separate. Abandonment might... Read more »

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1 Answer | Asked in Divorce for North Carolina on
Q: My spouse filed a DBB against me.We have been physically separated for 1 year and 4 mo. Can I file an absolute divorce?

I moved out July 27 of 2019, I have paid for everything at the house and paid her monthly for our son. I would like to know if I can essentially counter file against her for absolute divorce instead of the DBB, as far as I understand it a DBB gives us another year of legal separation where I have... Read more »

Melissa Averett
Melissa Averett answered on Dec 20, 2020

Divorce from Bed and board in no way tolls the one year separation for eligibility for divorce. You can absolutely countersue for an absolute divorce and schedule it as soon as legally possible. But more importantly what you need to do is consult with an attorney in your area regarding your options.

1 Answer | Asked in Divorce for North Carolina on
Q: Is it legal in NC to change vehicle locks to keep the co-owner from having access to it?

We are not married but my boyfriend and I have split up. His truck is in both of our names as Co-owners. He says he is going to change the locks so that I cannot take the truck anywhere.

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Dec 3, 2020

If he wants to waste a hundred bucks or more - let him. Of course, you can simply take him to court and likely force him to give you access since you are a co-owner. However, likely the best option is for him to buy you out and you sign over your interest in the truck to him. If you opt to do... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: Okay I have been a stay at home mom for 20 years my husband makes the money but we are talking divorce and he is saying

How he will leave me with nothing take out all cash stop paying phones WiFi which my kids use for school can he take it he says he will leave us with nothing no food nothing

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Dec 2, 2020

My experience with men like you have described is once I punch them in the wallet good and proper one or two times they all of a sudden miraculously want to stop being jerks and want to be reasonable (this is especially true if they are military). So do not let him intimidate you with his... Read more »

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1 Answer | Asked in Divorce for North Carolina on
Q: is it ok for a husband to take the keys out of car of wife in north carolina

It is registered in his name, but it is the vehicle I drive. I have no way to leave the house

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Dec 1, 2020

'OK' is a matter of subjective opinion - some people will say it is totally cool and others that it is a douchey thing for him to have done (unless he had good cause such as preventing you from driving drunk). However, if what you are really asking is whether he can do it without getting... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: If you’re behind on child support payments, can the custodial parent take away my visitation?

My hours have been reduced due to covid and I am struggling to pay the full amount of child support. I’ve communicated this and have been paying what I can monthly as well as continuing to pay medical insurance for him.

Technically, I am behind in the monthly amount, and need to have my... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Dec 1, 2020

Non-payment of child support is not grounds to withhold visitation. However, if she is seeking a protective order and has legitimate grounds to do so then that would potentially be grounds to withhold visitation but she would have to have a legitimate and reasonable fear for the safety of herself... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: In NC, can I be sued for alienation of affection? I had an affair with a married man

He was very unhappy, and we met on a dating site. I did not know he was married until I had already developed feelings for him. Can his wife sue me if I was not the cause of the problems? They separated soon after we met and are getting a divorce now. He was unhappy for a long time before me, but... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Nov 16, 2020

Can she sue you - yes. However, based on your description her odds of winning a likely less than slim and none. She would need to prove you purposely or at least knowingly broke up what was otherwise a happy marriage. So you likely have nothing to worry about. The other thing is if you are like... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for North Carolina on
Q: If I move out of the home I live in with my husband to seperate, can I take our children with me? Buy a home myself?

Would he be entitled to the home I bought for myself and children while we were seperated waiting the one year to get a divorce? Should i get a custody agreement in court first before moving out? Can he get me for failing to continue to pay HIS mortgage after I leave? My name is on deed not... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Nov 14, 2020

It would be best to have a formal written Separation Agreement done before you move. If you can be fair with each other, all of your marital issues (including child related issues of custody, visitation and support) can be resolved for a flat rate fee of around $250 for most average couples. If... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: Wife and I are separating. I have a loan in my name alone, got while married, are we both responsible for the loan?

The wife and I are currently separated and wife drew up some standard separation papers from the internet and not through a lawyer. The wife and I got a loan one year ago to help with bill. The loan is only in my (husbands name) because i had better credit at the time. We both were knowledgeable... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 11, 2020

I am not licensed to practice law in Florida, so if you reside there, you should get a Florida attorney.

That caveat aside, the loan IS marital property and should have been accounted for in the settlement of your equitable distribution (property division) claim. However, the creditor (the...
Read more »

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1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: My husband and I are separating and the house we rent is on a month-to-month lease in both of our names. My husband has

rented another house in just his name and I want to sign our current lease in my name. Does he have any rights to the rental because we are married i.e his family comes on property and I don't want them there, or he comes on property and I don't want him there.

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Nov 6, 2020

If the lease is put in just your name, you would control who can and can not come on to the property. Also, in a separation situation and under certain circumstances North Carolina's Domestic Criminal Trespass law may apply to yur spouse. Here is the statute: § 14-134.3. Domestic criminal... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: Ex is behind in child support and take our child 6 weeks out of the year. Can those months be added as money owed me?

Ex is behind $14,000 per our divorce decree and never took any of his visitation.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Oct 28, 2020

I'm not sure I quite understand the question, but will point out that child support and the rights of the non-custodial parent to see the child aren't connected. They are handled on completely different paths.

To the extent he isn't paying, any efforts on your part to have...
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2 Answers | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: We live in NC. I got a job in FL. Husband wants divorce and is saying he will not move. We have a child, is this legal?

Is it legal to force a parent to stay in current state even though they got a job in another state. I got a good paying job with benefits in another state but now my husband wont leave our current state so we can live close to each other to share custody over your son. We are still married and have... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Oct 16, 2020

Of course it is legal - you don't get to dictate to or force someone to move just because you got a job out of state or are married and have a child together. If you can't come to a fair agreement together essentially you will have to decide to stay or go and involve the court to decide... Read more »

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1 Answer | Asked in Divorce for North Carolina on
Q: can someone file for divorce 4 months after legally separating?

So my co worker just celebrated her divorce this past September and she mentioned she had filed in Oct of 2019 but she seperated in June 2019. I had always assumed you had to wait a year to file for divorce? He did cheat and have a baby on her

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Oct 3, 2020

Yes, you can file a divorce in North Carolina after only being separated for four months but you will likely have purposely committed felony perjury and if you get caught, will likely be in a boat load of trouble for presenting false information to the court. There is no legal way around the one... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: can my ex husband evict me from a home he hasn’t stayed in for over a year ? he removed my name from the house loan .

i was a 3rd party on the loan before he removed me he hasn’t lived there since the divorce in 2019 . so now he is saying he can evict me in 10 days verbally and after that he will file a motion to have me evicted in the next 30 days .

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Oct 2, 2020

Removing you from the loan is irrelevant. If you divorced and did not properly resolve the property issues before or during the divorce - that was likely a huge mistake and depending on who is listed on the deed - you may no longer have an interest in the property. If so, you will likely be forced... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: I need a lawyer who will do pro bono do you have one to recommend?

my husband of 25 yrs has filed for divorce l have not worked since we were married other than in our church non paid. l understand that l have file for division of assets and spousal support. l was informed l should have lawyer but he is the sole provider and l no way of paying for lawyer..he on... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Sep 29, 2020

Go consult with a family law attorney. If you are the dependent spouse, it is possible to petition the court to have him pay your attorney fees. If he gets popped with that, it will tend to wipe the smug right off his face and make him more agreeable to sitting down and working out something fair... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: How do you prove you have been separated for a year
Ben Corcoran
Ben Corcoran answered on Sep 24, 2020

You simply state it in court under oath.

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1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: I divorced my ex-husband about a year ago in Tennessee. He owned a home in North Carolina at the time of our divorce.

My lawyer put in the divorce paperwork that he needed to give me a quit claim deed for this property. My ex told me I don't have to sign a quit claim deed because my claim to the property only existed while we were married. Is that true? Should I sign one anyway since my lawyer included that... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Sep 23, 2020

Assuming you mean you want to sign a quit claim deed to him - why bother with the time and expense of doing that? If he wants or needs one - he will ask you. If you divorced in North Carolina and if the property was only in his name and you made no claim for the property then yes, very likely any... Read more »

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