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I live in Randolph county, North Carolina. I separated from my wife on August 8th due to irreconcilable differences. From what I understand North Carolina has a year long wait, in which time we must live apart, to file divorce papers. The house was hers from an inheritance and the only other... View More 
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answered on Aug 30, 2017
Separation papers are most commonly called a 'separation agreement' and there is no requirement that they be filed. It is likely a good idea to have a separation agreement and it would prevent you from being potentially responsible for any debt your spouse may incur (especially medical... View More
We live together without animosity,with our 2 children. I am seeking separation with intent to divorce after 19 years of marriage. We live in a rental house and have only my husband's income to cover expenses. I am a stay at home mom and homeschooler. Both of us are afraid to be the first one... View More
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answered on Aug 28, 2017
You have a simple separation agreement drafted. Our firm does them for a flat rate fee of $250.
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answered on Aug 22, 2017
If it is properly drafted and properly executed, it is likely still valid. If no lawyers were involved, the odds that something is screwed up are pretty good. Then there's the issue of whether or not it was incorporated into the divorce judgment.
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answered on Aug 22, 2017
Depends on if it was drafted properly and properly executed.
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answered on Aug 8, 2017
As long as you have: 1) been physically separated (not living together) from your spouse for at least one year AND
2) either you OR your spouse has resided in North Carolina for at least the last 6 months, you are likely eligible to file for divorce in North Carolina.
Also, if you... View More
My wife and I live in NC. We are separated by almost 200 miles. She is in a small town and I am near a major city. Where should I file? I suspect if will be a contested divorce. What are the advantages?
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answered on Aug 7, 2017
NC is a no fault state - if you meet the eligibility requirements, you are entitled to a divorce and there's nothing she can legally do to prevent it - so the separation date and residency are the only things that can be 'contested' regarding the divorce. If by contested, you mean... View More
My husband and I live in nc and have been married 33 years. I'm in the process of divorcing him for both alienation of affection and divorce from bed and board. He has moved marital assets to the paramours home in virgina and is in violation of a court order to only remove personal and... View More
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answered on Aug 5, 2017
North Carolina is a no fault state. So while you may have claims for alienation of affection and a divorce from bed and board - neither of these things are legal grounds for a divorce or an actual divorce. If you went through the trouble of having a judgment put into place, that judgment should... View More
I am trying to find a way to keep my children because the environment at my ex wifes home is not suitable for them. We did not file our separation agreement into our divorce, on the aagreement it says I have them on weekends. I usually have them longer than that. So, if the separation agreement... View More
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answered on Aug 2, 2017
First, your terminology is off - separation agreements aren't 'filed with a divorce' they are incorporated. If your Separation Agreement was properly drafted, it should continue to be a binding contract after divorce even if it was not incorporated into the divorce judgment.... View More
We have legal separation papers. They are filed with the court even. My "husband" has agreed to change some stuff in them. How do I go about this?
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answered on Jul 31, 2017
If by 'legal separation papers', you mean you have a separation agreement - then it isn't filed with the Court (at least not in NC) unless it has been incorporated into a divorce judgment or other Court order. If it has been incorporated, you likely should consult a local family... View More
I live in in raleigh, NC. I separated from my wife on oct 19th, 2016 in which I left my home on that day and my ex continued to live there to this day. speeding ticket was sent to my home from VA on Oct 30th, 2016. Ex wife never gave me the notice to pay the ticket and she waited until 1 month ago... View More
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answered on Jul 26, 2017
Let's see if I have this straight - you move, you don't bother to update your address with DVM or your license. You then get a ticket - which you proceed to forget about because of 'stress' (and keep in mind this would be forget about for months) and don't take care of.... View More
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answered on Jul 24, 2017
Yes, of course, unless you know how to do it yourself.
I am sponsor of my spose, we been married 2 years and currently seperated for a year. I want to have my application for sponsor withdrawn in the divorce i read it may still be valid after the divorce for his family. I also have already written a letter to have it withdrawn, but received no... View More
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answered on Jul 24, 2017
Doubtful you can do that in a divorce but I suppose its worth looking into but if he has enlisted in the Army National Guard he likely ain't going no where. The US Government didn't spend 50 plus grand to train him only to have a spouse attempt to deport him because of divorce.
Can i divorce him without an hassel
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answered on Jul 21, 2017
Yes, you very likely can. As long as you have:1) been physically separated (not living together) from your spouse for at least one year AND 2) either you OR your spouse has resided in North Carolina for at least the last 6 months, you are likely eligible to file for divorce in North Carolina.... View More
I owned or purchased both houses prior to marriage. I have a substantial 401k and savings that I paid in before, during and after marriage. My teen son gets a entitlement from the state due to his mom passing. My question what will she be entitled to. Only money's and property gained during... View More
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answered on Jul 20, 2017
After 2 years she ain't entitled to much depending on the circumstances regarding the separation. There is no 'set percnetage' or formula like there is in child support. Your best bet is to sit down together and work out something that seems fair to you both under the circumstances... View More
I have text from my "husband" stating that his attorney that typed up the paper work was working for both of us. That it's like a mediation. And threatened if I didn't sign, he would ruin both our credits and never talk to me again etc. I have these in text as well. Even when I... View More
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answered on Jul 13, 2017
Likely not. If you didn't agree - you shouldn't have signed. However, it may be worth your while to consult with a local family law attorney just to be sure.
I have a lot of questions, and I have no one to answer them, so I feel that I am at the mercy of however my wife interprets the separation agreement. I feel like I am paying too much, between alimony, child support, health insurance and all the other extras like co pays for the kids, school and... View More
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answered on Jul 7, 2017
Unless you know the law, you are right - you are pretty much at the mercy of your wife. I suppose just about everyone would like just about everything to be free but it is doubtful you will find a pro bono attorney under your circumstances. If you are paying alimony, child support etc. - you can... View More
I have done a financial analysis and after I pay the child support amount there is very little for post-separation spouse support. What happens? This is during our separation and not a divorce. Do I have to not eat, turn off the lights, sub-lease the house, sell property, etc.?
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answered on Jul 5, 2017
Do I have to not eat, turn off the lights, sub-lease the house, sell property, etc? if you are doing your own financial analysis and representing yourself, then the short answer is likely - yes. Even if you have a decent attorney, you will likely still have to tighten the belt a bit. Of course,... View More
My sister and her ex husband are divorced but never included the custody or child support in their divorce because the were both able to agree to certain terms. She now wants to take him to court for child support because he just got a big promotion and feels he should pay more. So they have... View More
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answered on Jul 2, 2017
If he has been paying what they agreed to then there is no 'back child support' owed - asking for that is just greedy but you can never tell what a court would do. Of course if she decides to rock the boat and go for an increase in child support he should counter with a custody action... View More
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answered on Jul 1, 2017
Calculating the odds of winning a custody case is virtually impossible - we'd need to know more about your situation to even give you an educated gess however, whether or not the baby is nursing is pretty much irrelevant.
Telling me that he is going to take my house away. He is going to basically take everything. I'm just wanting to see what I need to do to secure myself and if that's even possible if I bought the home before we got married?
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answered on Jun 22, 2017
Go consult with a local family law attorney that you are comfortable with and who charges reasonable rates and put your spouse in his place.
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