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North Carolina Divorce Questions & Answers
1 Answer | Asked in Divorce for North Carolina on
Q: Can I get alimony if legal aid helps with my divorce?
Melissa Averett
Melissa Averett
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...
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1 Answer | Asked in Divorce, Family Law and Personal Injury for North Carolina on
Q: i'm 16 this woman plans to get married to my step dad refuse to even let me speak with him shes never met me what do i

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.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
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

1 Answer | Asked in Divorce for North Carolina on
Q: Wife got house in the separation but has been steadily behind on the payments, does that forfeit the house to husband

Divorce papers not signed yet

Amanda Bowden Johnson
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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

1 Answer | Asked in Divorce for North Carolina on
Q: I received my home in a previous marriage settlement. I am the sole name on the deed. Do I have to split proceeds 50/50?

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.

Amanda Bowden Johnson
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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

1 Answer | Asked in Divorce for North Carolina on
Q: So me and my ex husband got a divorce. He keep the dog and I got stuck with the vet bill can I sue for the money. NC

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.

Amanda Bowden Johnson
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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

1 Answer | Asked in Divorce for North Carolina on
Q: What do I put in the blanks? (Wake County, NC)

"THIS CAUSE, coming to be heard and being heard before the undersigned District Court Judge at the (blank) 20 (blank) Civil Session of District Court of Wake County, on Plaintiff's Complaint for an absolute divorce, and the Plaintiff, appearing pro se...

I go to court tomorrow... View More

Amanda Bowden Johnson
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answered on Jul 9, 2020

Those appear to be blanks for the date. You will likely be unsuccessful tomorrow, If so, you should really consider hiring an attorney who knows what they are doing instead of Google.

1 Answer | Asked in Divorce for North Carolina on
Q: Getting a divorce. Husband has outside child unknowing to wife. Now she knows & wants child support
Amanda Bowden Johnson
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answered on Jun 26, 2020

I am not sure I follow your question. It seems like you are saying husband had a child with another woman and wife at one time did not know. However, wife now knows and wife wants child support. If that is the case, wife is not entitled to child support if the child is not hers. Regardless,... View More

1 Answer | Asked in Divorce for North Carolina on
Q: Divorce If I move out, will I get financial help before the divorce (child support/alimony/ssi). Husband pays for things

Husband works 2 full time jobs and a part-time job. I work part-time from home. Aug marks 11 years of marriage. We have 10 yr old with autism. We rent a townhouse and everything is in his name. Should I move out? If I do, can I get financial help before the actual divorce? I just don't have... View More

Amanda Bowden Johnson
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answered on Jun 25, 2020

Generally it is best to resolve your marital issues before moving out. The easiest and least expensive way to resolve all your marital issues is to be fair with each other and have your agreements put into a formal written Separation and Property Settlement Agreement. This can be done very... View More

1 Answer | Asked in Divorce for North Carolina on
Q: Is a spouse entitled to any portion of your inheritance when divorcing?

My spouse and I married April 2019, and he abandoned the marriage in April 2020 but stated he is going to take half of my inheritance is this possible? My mom's estate is not even closed, but she died before we were married.

Amanda Bowden Johnson
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answered on Jun 19, 2020

Typically, inheritance is your separate property and your spouse would have no claim to it - even during divorce. You would have to do something like co-mingle funds into a joint account or gift portions of the inheritance to your spouse for your spouse to have a claim. As long as you keep the... View More

2 Answers | Asked in Divorce and Family Law for North Carolina on
Q: I want a divorce and my husband refuses to leave the house. I have the mortgage in my name he is on the deed, help in NC

He has been emotionally abusive, saying negative stuff about me to our 22 year old daughter. He has been sleeping on the couch for years I keep asking him to please move I am miserable living with him. I have paid the mortgage by myself for over 11 years, he has only paid half of the mortgage... View More

Amanda Bowden Johnson
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answered on Jun 13, 2020

Assuming you want to limit things to your legal options, your best bet is to simply shop around and consult with a local family law attorney regarding the possibility of filing a Divorce From Bed and Board. This is a way to essentially have the court force him to move out whether he likes it or... View More

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1 Answer | Asked in Divorce for North Carolina on
Q: I mailed divorce papers 2 my wife who said she'd cooperate. She won't acknowledge receipt. Can I reserve the papers?

She lives in Florida, so I would like to go through the sheriff or third party to serve the papers.

Amanda Bowden Johnson
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answered on May 31, 2020

Depends on what you mean by 'she won't acknowledge receipt'. Did you send the mail certified with a PS Form 3811 attached? If you didn't - you didn't do it right. If you did and she signed for the certified letter, the return PS Form 3811 is all the acknowledgement you... View More

2 Answers | Asked in Divorce for North Carolina on
Q: Trying to file an uncontested divorce in NC how much does it cost
Amanda Bowden Johnson
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answered on May 27, 2020

Our firm charges a total flat rate fee of $395 to do everything for you, which if your spouse is somewhat cooperative and willing to sign for service of process by certified mail, would cover everything needed for a standard uncontested divorce including court cost and other fees. It often works... View More

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3 Answers | Asked in Tax Law, Divorce and Family Law for North Carolina on
Q: I live in NC I do not work I’m a homemaker my husband and I file married joint tax returns. If we get a refund 50/50

Do we split it 50/50 or Im I not intitled to any of it.

Katlyn Ashley Reh
Katlyn Ashley Reh
answered on May 23, 2020

If you and your husband are married and file your tax returns jointly, any refund received will be in both spouses names, and it should be divided equally.

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2 Answers | Asked in Divorce for North Carolina on
Q: My daughter and 3 children live in NC. He estranged husband lives in VA. Which state does she file for divorce?
Amanda Bowden Johnson
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answered on May 9, 2020

If she has lived in NC for at least the last six months and has been separated for at least one year, it would likely be better for her to file here in NC. If she just wants a simple divorce that can be done very easily and affordably.

The easiest way to get started is to fill out the...
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1 Answer | Asked in Child Custody, Child Support, Criminal Law and Divorce for North Carolina on
Q: My ex wife is trying to blackmail me in order to see my kids is that legal
William Jaksa
William Jaksa
answered on May 5, 2020

No. You should direct the question to a lawyer that practices family law.

3 Answers | Asked in Divorce for North Carolina on
Q: Can a signed agreement between husband and wife be valid before divorce is filed in NC?

In NC you have to separated for 12 months before your considered separated and can file divorce. My wife won’t leave home until we agree on terms. If we draft a document and sign it will it be enforceable once I file for divorce months from now? I don’t want to give her money and property only... View More

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answered on Apr 17, 2020

If you have car trouble and you are not a mechanic - you hire a mechanic. The same is true for legal work. If you need a properly drafted separation agreement and you aren't an attorney - you hire an attorney. Our firm can draft a fully comprehensive separation agreement tailored to your... View More

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1 Answer | Asked in Criminal Law, Divorce, Domestic Violence and Small Claims for North Carolina on
Q: My ex stole my car and is refusing to return it it’s in my name.

My ex and I recently broke up and he has stolen my car and is hiding it somewhere and refuses to bring it back. The title is in my name. Will the police do anything?

Amanda Bowden Johnson
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answered on Apr 15, 2020

If by ex you mean husband - the police likely will not do anything. If you mean ex as in boyfriend - then is is possible they will consider it theft. You should call either way. Best of luck.

2 Answers | Asked in Divorce for North Carolina on
Q: My ex wife baptized my son without my knowledge or consent. We have Joint Legal custody. Is this contempt?!

She has primary physical custody. Our order is in Hawaii.

Adam Bull
Adam Bull
answered on Mar 20, 2020

Probably not. Religion is a deeply personal decision. With joint custody there should have been communication regarding the baptism however i do not think either parent could force it nor prevent it. This is similar to non essential medical care decisions (dental sealant, HPV,). the law presumes... View More

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2 Answers | Asked in Divorce for North Carolina on
Q: Hi. My husband and I own our place together. He wants me to leave. We have about $80,000 in equity.

He also has a pension and we both draw SS. He said he might give me about $700 a month. I only make $790 a month from SS. I don't know what to do. He said that if I stay something bad might happen. I have no idea what to do. I was going to ask him for 1/2 the equity..... But I think he... View More

Adam Bull
Adam Bull
answered on Mar 19, 2020

Mrs. Boone,

Your are entitled to one half of all assets and potentially spousal support and alimony. You should not give in to his threats.

Please contact an experienced family law attorney who can stand up and fight for you in your location to assist you.

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1 Answer | Asked in Divorce for North Carolina on
Q: do you have free forms for separation/child custody/spousal support available?
Amanda Bowden Johnson
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answered on Mar 11, 2020

What you are suggesting would be the functional equivalent of taking some random pill that you had no idea what it was with the idea that it might help you. And the results would likely be the same as well - maybe it helps maybe it makes things worse. Do you really want to take that risk? Your... View More

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