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North Carolina Divorce Questions & Answers
2 Answers | Asked in Divorce for North Carolina on
Q: How can I find a divorce lawyer that help with income taxes owed?

My husband and I have been separated since March 2018, we owed also 10,000 dollars in federal taxes and I need him to pay half of this responsibility. I paid all of state taxes since 2013 to 2018. I also, paid all of 2013 and 2018 federal taxes but we still owe some of 2014 thru 2017. He just... Read more »

Adam Bull
Adam Bull answered on Oct 15, 2019

When going thru a divorce, rarely is the marital estate comprised of a single asset. Are there other debts that were incurred during the marriage. All assets and debts need to considered and allocated.

If there is only debt there are ways to arrange a payment plan or structure payments....
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1 Answer | Asked in Divorce for North Carolina on
Q: If your wife gets pregnant by another man while you are separated, do you still have to wait a full year to divorce?

I heard you can still be held responsible for another man's child if the child is born into your marriage.

Melissa Averett
Melissa Averett answered on Oct 10, 2019

You still have to wait a year. You need to talk to a family law attorney in your jurisdiction about the steps you can take to protect yourself from having to support the child born to the marriage.

1 Answer | Asked in Divorce for North Carolina on
Q: If my spouse is in prison in another state will I be able to send him the divorce papers through certified mail?

If my spouse is in prison in another state will I be able to send him the divorce papers through certified mail? The divorce is uncontested, will there be any additional paper work and any additional fees? I want to use easyncdivorce.com but I don't know if him being in prison will make the... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 1, 2019

No. He will need to be served by Sheriff. Why are you bothering to do this yourself? For a flat rate total of $395 plus the cost of service by sheriff, we can do everything for you. Unless you are indigent (extremely low or no income) and eligible to have court cost waived - you will likely not... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: How much is an uncontested divorce?

I got married July 6, 2015 and separated on April 2016. My husband is in jail in Georgia and I live in North Carolina. He said that he would sign the divorce papers, I don't have any children, property, etc. How much would it cost for an uncontested divorce including lawyer fees, sheriff fees,... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 30, 2019

It would be a total flat rate fee of $395 plus whatever it costs to have a Sheriff's deputy serve your spouse in jail - we would need to get a quote for you for that but for most states it is less than $100. Just visit our website at easyncdivorce.com to see if our service is a good fit for you.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: Can my dad legally kick me out of his house?

My parents are divorced and my father forced me to pack all my things and make me leave and go to my moms house. I have siblings still at his house and I want to go back but my father won’t let me. Is this legal?

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 29, 2019

As long as you have a safe place to go, yep, 100% legal. What in the world would make you think you get to dictate the rules in your dad's house?

1 Answer | Asked in Divorce for North Carolina on
Q: My wife wants a divorce. I was told that moving out was the worst decision I could make, but in NC it's required.

What do I do?

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 29, 2019

Separating for at least one year is required to be eligible to file for divorce in NC. Generally separating requires at least one of you to move out but nothing says that it has to be you that is the one to move out. If neither of you has moved out yet, your best bet is to consult with an... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: Can my husband withhold my half of the money after we separated?

Married for 18 years. Money from his retirement account was withdrawn before we separated for us to pay Bill's after separation. He blocked me access to his checking account where the money was deposited and refused to transfer my half into our joint account or my personal account.

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 25, 2019

Of course, and he likely should do that as it gives him some leverage in negotiating with you. Unless there is a court order or other enforceable agreement to the contrary, then right now there is no 'your half' and it is, as you say "his retirement". You should go consult with a local family law... Read more »

2 Answers | Asked in Divorce and Estate Planning for North Carolina on
Q: I live in NC. I have been separated from my wife for 7+ years and want to buy a house without her having claim to it.

I would like to purchase a house knowing my wife (separated for 7+ years) will not get it in the eventual divorce.

Melissa Averett
Melissa Averett answered on Sep 25, 2019

You need a divorce, or you need a free trader agreement signed by your wife (this is a document that says both of you can engage in financial transactions as if unmarried), or quit claim deed signed by your wife giving up her interest and the new house. A separation agreement typically contains a... Read more »

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1 Answer | Asked in Divorce for North Carolina on
Q: Can my husband sell our sons truck if we are separated?

My husband and I are separated and our 17 year old son has a truck, which is in his dads name and it's paid for, says he is going to sell the truck if he has to pay me $635 in child support? Child support papers have been filed with Social Services and he has already received the papers.

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 23, 2019

If the truck in in your husbands name - then it isn't your son's truck.

So yes, he could (and very likely should) sell it to minimize the impact of child support - especially if he is the one who paid for the truck.

1 Answer | Asked in Divorce for North Carolina on
Q: Are marital assets calculated through date of separation or date of divorce?
Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 23, 2019

Depends on whether you have a valid enforceable Separation Agreement.

2 Answers | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: During a separation can one spouse take the other to court to get money or visitation with kids?

He was on drugs and I put him out. He has taken personal possessions but I refuse to give him money. I know what he’ll do with it. Can he do anything before the year is up?

Krispen Culbertson
Krispen Culbertson answered on Sep 23, 2019

Yes, if there was a marriage, he theoretically can file as a "dependent spouse" for what is called post spousal support. He'd probably need to consult with and pay an attorney to figure this out, however. The pleading requirements are a little complicated. He could also ask for what is known as... Read more »

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1 Answer | Asked in Child Support, Divorce and Family Law for North Carolina on
Q: what should i do? my ex and me have been separated for a year. we split cause he cheated we also have a 2 year old

He recently decided he didnt wanna help with our daughter because he says he only married me for a citizen ship our daughter was a mistake.

Denise Anderson
Denise Anderson answered on Sep 18, 2019

If he refuses to pay child support, an attorney can assist you to file an action for child support. The father will then pay because the order will be enforceable by the court.

2 Answers | Asked in Divorce and Family Law for North Carolina on
Q: I have a 50B no contact on my wife. After I told her I was separating because the relationship is toxic.

In my case I want to file for bed and board divorce and I’m moving our before the 10 days on the 50b. What if she files the bed and board before me? Or what if we both file at the same time?

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 16, 2019

First, you'd need an attorney to file a divorce from bed & board (which BTW despite the name is not an actual divorce) - that isn't something you or your spouse could do yourselves. Second, there's no way it'd be ready or even needed if you are moving out in the time frame you say you are.... Read more »

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2 Answers | Asked in Divorce for North Carolina on
Q: What other options do I have to have my ex husband served the divorce papers if he does not pick up certified mail.

I filed for divorce 8/4/19, he did not collect the 1st copy I sent by certified mail. I sent a second copy 9/2/19. I do not want to miss the 90 day deadline to have a courtdate issued.

Melissa Averett
Melissa Averett answered on Sep 15, 2019

If he's not served within the first 90 days, you just have to issue a new summons, and have law enforcement try to serve him.

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1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: Requirement to provide ex with current relationship details?

My GF's ex husband is requesting she give him my address, full name, and birth date. I am against this because he has a history of domestic abuse, and he lied to the parent coordinator in order to get this info. He claimed her children spend nights at my house, but that is not true. And I've... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 11, 2019

Neither you nor your girlfriend are required to provide this information. However, unless the ex is a total idiot he can likely find out everything he wants to know about you whether you like it or not. If you have safety concerns - get a gun.

1 Answer | Asked in Divorce for North Carolina on
Q: How do I get a copy of my divorce back in the late 80s if I have no idea where or when it was filed?
Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 4, 2019

If you at least know the divorce was granted in North Carolina, the most common place people file is the county they resided in. So you pretty much have to give it you best guess and start contacting the clerk of civil district court for each of the 100 North Carolina counties until you hit a... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: divorced 3 years but have not had an ED settlement judgement on anything... can a judge force me to quit claim a house?

There has been no Ed hearing or even pre-trial my ex wants to re-finance but lies on everything.. he wants to take me to court to have a judge rule to force me to sign a quit claim... is this legal?

Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 30, 2019

Sounds very much like you do not have an attorney of if you do, that you have paid them to complete the job. The short answer to your question is, yes, under certain circumstances, a Judge can take your property. They don't even need to force to to sign anything - the Judge will just sign your... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: I filed divorce in Wake Country and my ex filed a 30 day extension but never responded after that.What do I do now?
Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 21, 2019

You should have hired an attorney - it likely would have been cheaper and you wouldn't have had to bother schlepping to court or dealing with surprises. Typically, in Wake county if the 30 day extension has expired, you will likely need to file a Motion for Default Judgment (also called a Motion... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: Can a divorce lawyer in NC handle a divorce from Massachusetts?

Wife with parents in Chapel Hill, NC, but husband and home is Massachusetts.

Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 20, 2019

If the divorce is done in North Carolina - yes. If the divorce is done in Massachusetts then no, unless the attorney is also licensed there but even in that case travel with likely be cost prohibitive expense. If you expect the divorce to be uncontested and wife has resided in NC for at least the... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: Husband owns the house we live in been there 20yrs.

Husband wants me removed within a week is that legal in NC. No paperwork filed.

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 30, 2019

Is it legal for him to want it? Sure, he can want what whatever he wants. However, you have a marital interest in the property so he can not legally force you out unless you want to leave. You likely need to consult with a local family law attorney ASAP who can review your situation in more... Read more »

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