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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... View More 
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answered on Nov 14, 2020
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... View 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... View More
answered on Nov 11, 2020
I am not licensed to practice law in Florida, so if you reside there, you should get a Florida attorney.
That caveat aside, the loan IS marital property and should have been accounted for in the settlement of your equitable distribution (property division) claim. However, the creditor (the... View 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.
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answered on Nov 6, 2020
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... View More
Ex is behind $14,000 per our divorce decree and never took any of his visitation.
answered on Oct 28, 2020
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... View 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... View More
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answered on Oct 16, 2020
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... View 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
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answered on Oct 3, 2020
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... View 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 .
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answered on Oct 2, 2020
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... View 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... View More
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answered on Sep 29, 2020
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... View 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... View More
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answered on Sep 23, 2020
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... View More
My husband and I are legally separated and working toward a divorce. He is an illegal alien and has no driver's license. He is in possession of a 98 Toyota Corolla that is in my name, but he is the one that paid for it (while we were married). He claims it is his because he bought it, but... View More
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answered on Sep 23, 2020
Of course not - this is a civil domestic issue not a criminal one - police will likely not assist you. However, if you have a key and can get to it without breaching the peace, you can go get it yourself. You have as much right (likely more right since it is in your name) than he does. The fact... View More
He abused sexually when she was 9.
He fled the state when he was found out and not heard from since except attending a funeral
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answered on Sep 21, 2020
The bottom line is you need to find your spouse if you want the divorce to be affordable. If you can locate a good address to serve him at, there are several NC firms that can handle your divorce for you for a total flat rate fee of around $395 to $495 depending on whether you need the sheriff to... View More
answered on Sep 17, 2020
He shouldn't be entitled to half, but would potentially have a claim to a smaller fractional interest. He may have a claim to any mortgage principal reductions made during the marriage due to the monthly mortgage payments. He may have a claim to the active appreciation of the home during the... View More
I have a past with him with domestic violence and he cheated on me all the time I finally found a amazing man that treats me the way a women should be treated......
Could I divorce in any faster even though it's not been a complete year but it's been a little over six months as... View More
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answered on Sep 14, 2020
You are essentially asking if you can lie to the court. The answer to that is - yes, you can. However, if you do and get caught it is potentially a felony and you may end up being with your husband in jail. There is no legal way around the one year separation requirement in North Carolina.... View More
We never had custody papers done as were share, but I recently came across a form that he filled out saying I do not have custody, I feel this is to make me look bad
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answered on Sep 14, 2020
There is a difference between whether he can and whether he ought to in the sense of it being right or legal. Since he has done it - obviously he can, so the real question is whether it was right or legal for him to do so and the answer to that is not so easy. If there is no court order or... View More
For example, say the supporting spouse was making $50,000 as of the date of separation but got a raise 9 months later to $75,000. Should the alimony be based on the $50,000 or $75,000? Also, is this county dependent?
answered on Sep 3, 2020
There isn't one answer and It is really going to be judge dependent. You would make the argument that it should be based on the $75,000, the other side will make the argument it should be based on $50,000, and most likely the judge would factor both of those amounts into their final award.... View More
I have screenshots of text messages between my wife and another man that show that their relationship is more than just friendship.
answered on Aug 23, 2020
In North Carolina, alimony is awarded based on a "totality of the circumstances" test. Cheating (or baseless accusations of cheating) are one of the factors the judge considers, especially in determining the amount. However, your spouse is not legally-barred from pursuing alimony as a... View More
We have been living together as husband and wife, in the same house as a married couple. I was served with divorce papers, out of the blue, for an absolute divorce. It states we have been separated for one year and we have not. We were married in 2013 and have been together on and off. However... View More
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answered on Aug 21, 2020
Yes, he can for felony perjury and he likely should. More importantly so can you, if you go along with it. You have the right idea about consulting with a local attorney, so go do that as soon as you can to get options on how to best deal with this and a separation if that is ultimately what you... View More
Married 22 years, two children ages 18 and 21. Youngest child currently living at home while enrolled in college taking online classes during COVID. Wife has been stay at home mom entire marriage. We have reached an impasse on our relationship. I need to move out to avoid further arguing and... View More
answered on Aug 18, 2020
This question can only be fully answered through a consultation with a family law attorney. That said, you've got to consider (1) how to equitably divide your marital property, and you've got to consider (2) whether any spousal support should be paid.
The property that needs to... View More
We both signed a separation agreement in May of this year. The document was supposed to be filed in June. I found out a few weeks ago that the document was not going to be filed until the end of this month and that his lawyer is filing divorce papers. He also recently reported the tags on my car... View More
answered on Aug 10, 2020
Separation agreements are private contracts that are generally enforceable once signed and notarized. They do not always need to be filed with a court.
"Divorce papers" typically refers to the Complaint and Summons, two legal documents that must be filed with the court and served... View More
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