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 »
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 »
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?
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 »
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 »
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.
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 »
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 »
'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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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...Read more »
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 »
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 »
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
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 »
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 .
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 »
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 »
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 »
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 »
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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