Get free answers to your Divorce legal questions from lawyers in your area.
I have heard claim must be filed in the County you live, is this true or can any attorney do it anywhere in NC?
answered on Mar 10, 2022
It can be in any county, although the other side could theoretically attempt to have it moved to a more proper venue. I've filed plenty in 'my' county when both parties live somewhere else.
My husband wants to file seperation papers legally. It's my understanding that separation papers are not filed on record but are signed by both parties and witnessed by a member of the court.
answered on Feb 1, 2022
While it is a common misconception, there really isn't something called 'separation papers,' and you don't need any such papers to become legally separated. Some couples negotiate a contract between themselves that settles issues they may have (property division, spousal... View More
We also have a 10 yr old child. I want him to leave the house.
answered on Jan 20, 2022
You can leave the house anytime you want. You will still be liable to pay the loan, however. If there is a substance abuse issue, there are other ways to force him to leave (if the right facts apply). Consult with a family law attorney about your options, and take that opportunity to have a... View More
answered on Dec 6, 2021
I'm sure that you would love for there to be a simple and easy answer, but you likely are going to be required to get a "normal" divorce like everyone else, which requires one year of separation. Annulment may be a possibility, but it is only available in very limited circumstances... View More
Have not lived with husband in 5-6 yrs after discovering he was cheating. After all these years alone, I would like to date, if possible. However, am afraid to even consider, not wanting to be seen as an adulterous in court should I desire a divorce in near future.
answered on Dec 20, 2021
So long as the sex/dating occurs after the "separation date", you are free to do as you please with no adverse consequences. The separation date is the day one of the spouses moved out of the marital home intending the separation be permanent (for you, that was 5-6 years ago).... View More
answered on Nov 3, 2021
I'm not aware of any probono divorce lawyers, if that is what the question is asking about. There are pro bono programs for domestic abuse victims, but they usually stick to getting a restraining order and do not touch the divorce items.
While rare, there are some law firms that work... View More
Lied on je preformed torts against and hot custody of my daughter snd he is not her father
Can I reach out to my spouse attorney to get the original document so I can record it myself.
answered on Nov 3, 2021
If you also have a separation agreement in place, it will likely specify that your spouse must cooperate with anything reasonable and necessary to effectuate the terms of the agreement. If it is reasonable and necessary to file an original with the register of deeds to effectuate the terms, then... View More
My divorce consent order specifies I pay a set amount until 1. A specific date 2. Her vehicle is paid off. Does this imply that I have the ability to ask her for a payoff of the vehicle and pay it off early to end alimony? She lied when we added the vehicle condition, stating it was paid off prior... View More
answered on Oct 28, 2021
We don't have much context (or a copy of the order) to be very informed on what the judge intended. However, that seems like a compelling argument to me.
House and the husband keeps the original house with his ex wives name on the deed. My question is quite simple but slightly complicated, does the husband have to wait until the divorce process is over before renting out his house because the name of his house is still on the deed?
answered on Oct 28, 2021
This is a complicated question. Most homes owned by spouses are owend by "tenants in the entirety" which means the spouses do not own a 50% interest - rather each spouse owns the entire property. You are prohibited from selling or refinancing the home without your spouse's consent,... View More
answered on Oct 21, 2021
Without seeing the divorce decree and your deed I cannot give specific advice. You and your ex-wife likely owned the land in tenancy by the entireties in the deed. And when the divorce was finalized that was automatically converted into tenants in common. So you may be a 50% owner of the property... View More
I don’t think he’s using legal counsel. I think he’s using the self help on the 3rd floor in Mecklenburg county court house. He emailed me a updated notary form with my name spelled correctly where I sign but the title page still has my name spelled wrong. Just want to know if this is legit.
answered on Oct 18, 2021
If it's meant for you and you got it, you should answer it. A court would likely deem it a mere inadvertent mistake when considering whether or not service is effective under Rule 4.
answered on Oct 10, 2021
Yes, you can send them interrogatories (questions), requests for admission, and requests for production without having a lawyer. Essentially, you are your own lawyer.
To get disability. I am in NC. I am wanting to know if I could get spousal support or alimony since I'm not able to work to be able to live on my own if I left.
answered on Oct 10, 2021
First, a judge must determine that you are substantially financially dependent on your spouse. If the judge feels you are, they look at 16 factors to determine the duration and amount of monthly alimony payments. You can find the statute related to alimony here:... View More
We have 3 kids together. He wants to get them every other weekend and split holidays but he doesn’t have a license so I’m not sure what to do about him getting the kids.
answered on Oct 10, 2021
You have two options to formalize your custody agreement. One is a custody agreement contract. The other is a consent order from the court. Every divorce, even if no disputes are litigated, is technically a lawsuit. You'd have to start the lawsuit first (read lots of formal legal paperwork),... View More
answered on Jul 2, 2021
You shouldn't need her consent or participation - the only requirement is that you must be separated for one year. No way to speed the process up unfortunately. So after that year is run, you just need to file your divorce, serve her, and then proceed.
She will not talk to me at all, changed phone, won’t even discuss school, health, etc about our remaining minor child. Once COVID protections are lifted our lender will foreclose. She won’t talk but I need to sell. It is best for her and kids as well. I am unemployed for over a year
answered on May 25, 2021
It sounds like you are separated from her. The only way possible would be to file for "equitable distribution" and the Court could enter an Order requiring her to cooperate with the disposal of any marital assets. Otherwise, you cannot force her to sell. You should get an equitable... View More
I was I was supposed to have surgery on both eyes the Monday after he left and I had to put that off and I was considered legally blind
answered on May 20, 2021
Not in North Carolina as you have to wait a year after separation. From the facts you've presented, you can't sue until 9/13/2021.
I know you have to live apart for a year to file for a divorce and live apart to file for custody of children. I’ve been trying for over a year to find someplace to move to, but because of the size of my family no one wants to rent to us, so I’m trying to buy a house but because I’m still... View More
answered on Apr 22, 2021
You can buy a house in your name only, your marital status has nothing to do with it. A bank may not lend you money without your spouse joining but that is completely up to the bank.
Judge wouldn't tell me what form was missing or what i need to do next to finalize the divorce
answered on Mar 15, 2021
I could guess, but without looking at the file I have no idea what form you are missing. You will unfortunately need to consult with a local family law attorney about the status of your case. Perhaps you can just file the correct form and get a new date scheduled.
I can't speak for... View 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.