North Carolina Divorce Legal Questions

You can be sued for Alienation of Affection or Criminal Conversation if you engaged in a romantic or sexual relationship with the Husband prior to his date of separation. If your romantic relationship began after date of separation, then the law says you cannot be sued for either of the two claims. Wife knowing about the relationship or even condoning it, if it occurred before the date of separation, is not a defense. It can be used to convince a jury that the damages should be little or nothing, but it can't usually be used to have the suit dismissed. You need to consult an attorney. The specific facts are very important in cases like yours.... Read Answer

1. If your current attorney is not actively assisting you then you need different representation. 2. If she has committed adultery and you have a protective order, you should not be paying her alimony. The adultery acts as a bar to alimony. 3. If she has filed a complaint for support or equitable distribution, you need to file an answer and counterclaims. You can also file for interim distribution and ask that the furniture be distributed to you and brought back to the house. 4. Go to the post office and stop the mail forwarding. Warn them that she is not a resident at your home anymore and she cannot forward the mail.... Read Answer

Generally either of you can file in your state of residence.. you in Michigan or him elsewhere.The person that files is the plaintiff. then it must be served on the other who becomes the defendant if after 30 days or so after personal service of the complaint the defendant does not answer and fight you can get a default judgment. You can then fashion a divorce judgment that indicates that you want the status quo in terms of financial and simply be divorced. as along as he agrees to the judgment can be entered as a consent judgment.. if he does not agree it can be entered as a default judgment. This will be easier with an attorney... Read Answer

Yes, you can. The procedure for doing it when you do not know where the other person lives, however, can be very complicated. I would recommend getting an attorney to help you with it because if you mess it up, you may have to start over again completely and it costs $225 every time you file a new complaint for Divorce. You can go back to your maiden name. Include it in your request for relief in the divorce complaint. You will have to go to the Clerk of Court after the judgment is entered to fill out forms for the name change.... Read Answer

No, you cannot get a judgment set aside for marital misconduct that you were previously unaware of. You can, however, challenge the judgment and ask that it be overturned if he obtained the judgment without first serving you with the complaint and summons and then serving you with notice of the pending divorce hearing.... Read Answer

From the family law perspective, if you are divorced without having resolved your equitable distribution or at least filing a claim (including the house and loan) you have lost the ability to use the statutes for equitable distribution. I cannot tell you if there is a criminal or regulatory problem with how the loan was obtained. That is an issue best answered by the NC Attorney General's office.... Read Answer

Usually you cannot "cash out" a 401k. It is an ERISA plan and falls under specific federal regulations that prohibit withdrawals absent some sort of special circumstance. You can take loans against it, however. It is possible for him to take a loan against his 401k without your consent. IRAs and Roth IRAs are different from 401k plans. They are not ERISA plans and, if you are willing to pay the penalties, you can cash them out any time with or without the consent of a spouse. If he leaves his job and converts the 401k to an IRA, then he can cash it out. If you have not attempted to settle your financial matters from the separation, or have not gotten a Court order resolving them, you should consider commencing that process immediately. Contact a lawyer as soon as possible.... Read Answer

In North Carolina, you would have to wait one year to file for a divorce. However, there are some very limited situations where you may qualify for an annulment.   It will depend on the facts of your particular case, and the vast majority of NC marriages do not qualify for an annulment.  You should find a competent local family law attorney to consult regarding whether you might qualify for an annulment.  If you would like to consult with us, please call.   ... Read Answer

Under North Carolina law, there are only two grounds for divorce.  According to Chapter 50 of the North Carolina General Statutes, you may apply for a divorce based on one years separation, or you can apply based on three years separation caused by the incurable insanity of the defendant.  If you are interested in divorcing your husband,  and he is not incurably insane, you still have to separate from him for at least one year in order to file for divorce.  When you are thinking about divorce, there are other issues which should be considered.  Issues such as alimony, post-separation support, distribution of marital property, child custody and child support are all things that need to be considered in relation to separation or divorce.   These issues can get pretty complicated, and are invariably a great source of stress.  A competent family law attorney can provide invaluable assistance in helping you navigate the divorce minefield.  You should find a local family law attorney to consult before you make any decisions.  If you need our help, please call.   ... Read Answer

First, you have to determine whether the car is marital or separate property. Next, was the money used to purchase the car earned during the Marriage or separate funds. Also, do you have other documentation which supports your contention that the car was intended for yourself. Title alone does not necessarily equal ownership in a marriage. There are other considerations as well. A consult with a family law attorney should be considered.... Read Answer

It depends if the house was completely purchased and paid for prior to the marriage or is there a mortgage. The payment of a mortgage is in part the responsibility of both parties of a marriage, not usually only one. So there can always be an argument made that if the house was not completely yours prior to the marriage that it should be divided at the time of divorce. But if you purchase the home completely free and clear, the best way to handle the situation is to put the home in trust just for yourself and for your family members in case you pass away. This way the house doesn't legally belong to you and it cannot be taken from you in a divorce. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147   http://massachusettslawyeronline.com/   #child, #support, #custody, #divorce, #lawyer, #attorney, #separation, #family, #probate... Read Answer

I don't think so. Even if a judge has the authority to award costs in a Divorce, it is highly unlikely to happen. I have never seen it happen in an absolute divorce. In order to get the filing fees waived, she would have to apply for a waiver based on indigency. That paperwork would be in the court file.... Read Answer

You can't do much about the wedding ring unless she already agreed to pay you something or return it in a separation agreement. Engagement and wedding rings are separate property of the individual spouse. The bigger issue is taking $40k from a retirement account. If it was from an account that was built up during the marriage, then 50% of the money was yours and she's responsible for reimbursing you those funds. Any bills she paid after separation, unless they were marital debts, are her separate debts and not your responsibility. That's the basic answer, but there are plenty of complications that could affect the outcome on those retirement funds. You need an attorney.... Read Answer

If they are married and he resides in the home she has no legal means available to evict him from the premises absent some sort of domestic violence problem. Some attorneys will try to use something called Divorce from Bed and Board, but that does not technically provide the authority to evict a party. It is possible to commence an action for custody and ask for possession of the residence as part of a custody order, but that is a much different thing than simply evicting a spouse.... Read Answer

She can make an argument that she created an interest in the property via her contributions during the marriage, but if she did not pay the mortgage, taxes, or maintenance expenses for the property it would be tough to show what the value of that interest is. So she can make the argument, but it will probably be a tough sell to a court.... Read Answer

The grounds for annulment are very specific impotence or some fatal legal defect to the marriage that renders it void (like bigamy, incest, one person was a minor, or some other legal prohibition to the marriage). The statutes that set out what marriages are void are N.C.G.S. 51-1 to 51-5. If you have a living child with the Husband, then the statute specifically prohibits annulment. If you have one of the requirements for an annulment that are listed in the statute, then you have to file a lawsuit, go to Court, have a trial and prove your case. It is time consuming and expensive plus, after all that time and expense you can actually lose and end up having to go get a divorce anyway. It is almost never worth the time and the money to try to get an annulment. A divorce is almost always the faster and more certain approach to terminating a marriage. Not living together is not one of the grounds for annulment.... Read Answer

It depends on whether the restraining order is a civil Domestic Violence Protection Order or if it is a criminal no contact order that was issued because of a criminal charge of assault on a female. If it is a civil order, then you will have a chance to go to court for trial within 10 days and can present your issues to the judge at that time. If it is a criminal no contact order, then you will need to get into regular family court in order to get anything done. As for the divorce issues, you would need to start a lawsuit for equitable distribution. As part of that you can file a motion for interim distribution and ask that the house be distributed to you in the short term. All of this depends on some of the details of the situation. You have a tough situation and should contact an attorney immediately before it gets worse.... Read Answer

Hard to say since you mucked things up by 'drawing up your own papers' - had you not done that I'd say you'd likely have a much better claim to the van - as it stands now, simply taking the van could get you into trouble. Absent some new agreement with her - you are likely gonna have to have the Court decide.... Read Answer