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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
"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
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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.
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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
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
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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
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.
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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
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
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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
She lives in Florida, so I would like to go through the sheriff or third party to serve the papers.
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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
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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
Do we split it 50/50 or Im I not intitled to any of it.
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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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... View More
answered on May 5, 2020
No. You should direct the question to a lawyer that practices family law.
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
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?
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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.
She has primary physical custody. Our order is in Hawaii.
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
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
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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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
They had an absolute divorce and he pays the taxes on the house. The house was purchase with both of their names as 100% ownership
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answered on Mar 6, 2020
They are likely now tenants in common. Typically, this usually undesirable situation happens when people make the mistake of doing their own divorce.
it was an absolute divorce and there was no where for him to sign and he did not fight it
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answered on Mar 6, 2020
No divorces are not 'automatic' - you have to do stuff. Of course, there is no where for him to sign because he isn't required to sign. Essentially if you do not have a piece of paper signed by a Judge or Clerk of Court entitled Judgment of Absolute Divorce - then you are likely... View More
able to cancel the contract. He is going ahead with the mortgage by himself and I will not be named on the property deed. I believe he intends to live in the new house rather than sell to avoid capital gains tax. I am not intending to claim anything regarding this house in the divorce but am I... View More
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answered on Mar 3, 2020
Unless you are on the mortgage you likely won't be liable for anything but anytime real estate is involved, it is best to have a separation and property settlement agreement. If your spouse is agreeable, a separation agreement would protect you both and is quite affordable. Our firm drafts... View More
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