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
answered on Aug 3, 2020
It appears that you're posting from Tennessee. Are you getting divorced in Tennessee? If so you need to post your question in the Tennessee forum.
Legal aid typically does not handle divorce cases in North Carolina. You can go to a workshop where they'll show you how to fill out... View More
she has also been threatening my step fathers sister and is going to court aug 7th but i wanna know what can i do cause my mom and him are not officially divorced shes highly controlling a liar.
answered on Aug 3, 2020
I'm afraid I can't help you very well as I don't understand the various relationships and don't think I comprehend what you are asking. That said, you are unfortunately only 16 and don't seem to have a lot of legal options at this point. Perhaps things would be different... View More
Divorce papers not signed yet
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answered on Jul 29, 2020
We'd need more information to answer your question. Your use of legal terminology is likely not accurate. For example, not sure what you mean by 'divorce papers'. Do you mean a Separation and Property Settlement Agreement? If so, if it isn't signed - how did she get the... View More
I remarried in 2011 and have solely supported household for 5 years with present husband refusing to work. He claims he’s entitled to half of sale of the home. It’s this true? I want to separate and divorce.
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answered on Jul 23, 2020
Of course not. Based on your description, he may have some extremely minor marital interest but likely nothing of significance - so essentially, he likely has zero leverage against you. The best way to handle this is to sit down and be fair with each other and resolve all your marital issues with... View More
The credit debt has been given to a debt collector. He has all the log ins, refuses to pay and the people wont give me an option to reset log in so i CAN pay even if i wanted too cause he was the cosigner and the one that signed us up for it in the first place.
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answered on Jul 10, 2020
It sounds very much like you divorced without consulting with an attorney. If so - that was likely a bad idea. The time to have resolved mutual marital debt (and a whole host of other marital issues) was during the divorce. If you did not do that, you are now likely barred from having the court... View More
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