Lawyers, Answer Questions  & Get Points Log In

North Carolina Divorce Questions & Answers

1 Answer | Asked in Child Custody and Divorce for North Carolina on

Q: Hello, my husband and I have been living separately for 2 years. Do we need a separation agreement or file divorce?

Amanda Bowden Houser answered on Apr 25, 2019

The time for a separation agreement would have been at the beginning of the separation. If you have been separated for two years with no issues it is unlikely you need a separation agreement now unless there is property, assets/debts to be divided and / or child related issues. At this point, if... Read more »

1 Answer | Asked in Divorce for North Carolina on

Q: I need a little bit of information about how to get help with paying for a divorce

Amanda Bowden Houser answered on Apr 24, 2019

If the divorce is uncontested it is relatively cheap. We can handle your uncontested divorce for a total flat rate fee of $395 which includes court cost and other necessary fees. Visit us at www.easyncdivorce.com to see if our service is a good fit for you.

1 Answer | Asked in Divorce and DUI / DWI for North Carolina on

Q: I need a divorce lawyer but have no money How can I find one. I’m on disability with very limited income

I’ve been separated since 2017. I live in NC but my spouse lives in SC

Amanda Bowden Houser answered on Apr 14, 2019

You can potentially do it yourself somewhat for free if you are indigent and your local court provides a divorce forms packet. It is extremely difficult and confusing for most people and most basically end up wasting their time and some money trying to do it themselves. We can provide... Read more »

1 Answer | Asked in Divorce and Family Law for North Carolina on

Q: Will I receive alimony and possibly a majority share of assets and/or reimbursement for attorney fees?

My husband of 8 yrs left in 3/18 and is filing for divorce (100% his choice).

I moved from TX, where my family lives, to NC to marry him. I gave up 3 yrs’ of alimony from my ex and sold stock I received in that divorce to make $60k in repairs to my husband’s home (we refinanced in both... Read more »

Amanda Bowden Houser answered on Mar 30, 2019

You can look at a chart and calculate child support - you can't do that with equitable distribution. There are many factors that can be considered and a Judge has wide discretion to decide. The best thing is for you and your spouse to sit down and decide something fair yourselves for free or at... Read more »

1 Answer | Asked in Divorce for North Carolina on

Q: If I get life insurance while separated, does the wife have any say on it during the divorce?

Amanda Bowden Houser answered on Mar 19, 2019

It mostly depends on whether you have a properly drafted and execute separation agreement or not. As to the beneficiary - you control that (unless you have contractually agreed otherwise) but without a separation agreement that specifically addresses that issue, the money you spend on it may be... Read more »

1 Answer | Asked in Divorce for North Carolina on

Q: I signed a loan for my husband to get a car. It’s in my name. We are currently separated and seeking divorce.

Can i get my name off the loan?

Amanda Bowden Houser answered on Feb 10, 2019

Yes, if he refinances in his name or the loan is paid off. Otherwise - no.

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on

Q: Is it appropriate to file 12B6 in a divorce from bread and board? Filed for PSCS but still living in the home w/chldrn

She filed for divorce from post separation child support and divorce from bed and board but she is still living at home with the children and I am providing all the support. So what am I going to pay for? Can I file motion to dismiss Post separate child support and jury duty for divorce hearing? I... Read more »

Amanda Bowden Houser answered on Jan 28, 2019

You need an attorney, as how you are describing things makes no sense. If your are living together and she has filed a divorce from bed and board - she is essentially asking the court to kick you out. And if you don't hire an attorney ASAP she may very well prevail.

1 Answer | Asked in Divorce for North Carolina on

Q: seeking immediate divorce...

Have no intention on pursuing a marriage ... He has been incarcerated months to years ...has not been a father or husband ...no desire to further marriage please assist

Thanking you in advance for your time and consideration in this matter..

Melissa Averett answered on Jan 22, 2019

There's no such thing as an immediate divorce. You have to have been separated for a year before you can file for divorce. how to file for divorce in North Carolina you have to have lived here for at least 6 months. Then the process typically takes a couple of months after that. An attorney can... Read more »

1 Answer | Asked in Divorce for North Carolina on

Q: One line says defendant is not incompetent legally disabled i answered no but she is on social security disability

Kelli Y Allen answered on Jan 18, 2019

Please clarify the question.

1 Answer | Asked in Divorce for North Carolina on

Q: My Wife wants a divorce there is no property are anything accumulated in the marriage and wants me to pay her bills ?

Kelli Y Allen answered on Jan 15, 2019

One first step might be mediation. That would allow each of you to, with the assistance of a third-party neutral, attempt to resolve all issues relating to the divorce on your own. This is much less costly than hiring attorneys and going to court, and keeps control in you and your wife's hands... Read more »

2 Answers | Asked in Divorce and Family Law for North Carolina on

Q: I would like to know my rights for a divorce.

I have been married for 13years. I have a DVPO against my husband. We have a house that we have only had for 4yrs. Everything is in my name. I would like a divorce and would like to know what's my rights and my best recourse to take.

Amanda Bowden Houser answered on Jan 12, 2019

You need to be separated for at least a year to be eligible for divorce in NC. At this point you likely need to consult with a local family law attorney who can review your situation in more detail and lay out your options for you. Best of luck

View More Answers

1 Answer | Asked in Divorce for North Carolina on

Q: During our separation my ex filed bankruptcy and quit his job. Our divorce has been filed, but no final yet.

Can he still be ordered to pay alimony?

Amanda Bowden Houser answered on Dec 28, 2018

Possibly. but what do you expect to get? Besides it may be you that ends up paying the alimony.

1 Answer | Asked in Divorce for North Carolina on

Q: How can I get my ex husband to follow through with our vehicle property notice?

While we were separated my ex and I created a vehicle property notice agreement which we both signed and had notarized prior to our divorce. He was to get the car refi'd in his name or sell it and pay the difference on the loan as of 12/5. He has not followed up with his end of the agreement.... Read more »

James Williams Hart answered on Dec 21, 2018

If you do not file for equitable distribution prior to having your divorce entered, then you waive the right to have the family court decide this issue. However, since you have a written agreement, you may still be able to seek relief in the form of a breach of contract claim. I would recommend... Read more »

1 Answer | Asked in Divorce for North Carolina on

Q: After we were married my husband upgraded his Time-Share involving me making the payments each month. $543 x 48 mos.

I also purchased a 1957 chevy Bel air for $20,000. It's under his name because I had bad credit. He said after I paid it of he would transfer it to me, he hasn't. Now I filed for divorce, what can I do?

Melissa Averett answered on Dec 16, 2018

Did you file for equitable distribution? If not, you need to do that BEFORE the divorce is entered by the court. In NC, that claim will protect your marital interest in the property regardless of title. The claim just has to be pending when the divorce is entered. There are no forms to file... Read more »

2 Answers | Asked in Divorce for North Carolina on

Q: In an uncontested divorce case, where defendant filed no answer, is it unusual not to have a hearing after 3 months?

The waiting period in my divorce case expired nearly 3 months ago. I am the defendant. How long can plaintiff wait before scheduling a hearing?

Amanda Bowden Houser answered on Nov 30, 2018

That is the classic way for a party who doesn't want a divorce or has some interest in the divorce not going through (for example keeping some sort of marital benefit in place) to delay the divorce as long as possible - be the first to file and then simply never calendar the case for disposition.... Read more »

View More Answers

1 Answer | Asked in Child Support, Divorce and Family Law for North Carolina on

Q: About child support in NC

I am wanting to leave my husband and collect child support. I am on SSDI but my husband is telling me that he will not pay me anything because when we were separated a year ago but still living in the same home due to financial reasons, I dated someone else, whom he told me to date, and he will... Read more »

Amanda Bowden Houser answered on Nov 30, 2018

You seem to have the wrong idea about things. You need to consult a with a local family law attorney who can review your situation in more detail and lay out your options. If you were living together in the same house - you were not separated. As to him 'coming after you' for adultery, what does... Read more »

1 Answer | Asked in Child Support and Divorce for North Carolina on

Q: The child support agency in North Carolina has sent me a letter saying that after a review they want to raise my support

They want to raise my support by close to 100%. My ex-wife thought that was too high. She's the one that initiated a review. Will the court allow us to negotiate a reasonable amount or am I bound by their terms?

Amanda Bowden Houser answered on Nov 27, 2018

Child Support is based on guidelines. Basically, plug in your incomes and out comes a child support amount. If that amount is what your ex wants - it will be non-negotiable. The only thing you can really do is hire an attorney to make sure the calculation is correct or convince your ex to either... Read more »

2 Answers | Asked in Divorce for North Carolina on

Q: I am a defendant in a divorce in NC. Can the divorce be filed in a county neither I or the plaintiff reside?

Melissa Averett answered on Nov 24, 2018

Yes. County is called the venue. Venue is not jurisdictional, which means it can be waived. If a divorce is filed in a county where neither party lives, then the defendant can file a motion to move the divorce to the proper county. But it's not grounds to dismiss the action.here is the case:... Read more »

View More Answers

1 Answer | Asked in Divorce for North Carolina on

Q: how is alimony determined in penn.?

i live in nc; my husband in pa. been living apart for 2 years now. he has filed for divorce.

Amanda Bowden Houser answered on Nov 18, 2018

You would likely end up needing to consult a Pennsylvania attorney. If you have been served with the divorce paperwork, you should take some action ASAP. Most states have a short time frame within which to respond. In NC, it is 30 days - not sure what the time limit to respond in PA is. If you... Read more »

1 Answer | Asked in Divorce for North Carolina on

Q: Can I open a new account in my name then xfer half the money after bills into the joint account for my soon 2 be xwife?

I live in North Carolina and plan on separating from my wife. She has a stay-at-home internet business in which she makes approximately 75% of what I do. I plan on moving out and getting my own place. I want to open a separate checking account in my name only for budgeting and security purposes.... Read more »

Amanda Bowden Houser answered on Nov 18, 2018

You can do it that way but you will have definitely and unnecessarily over complicated things. If you are worried she will spend too much, just get your own separate account that she doesn't have access to (as you already plan to do) and simply cut her a check every month. She can't spend what... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.