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North Carolina Divorce Legal Questions

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138 legal [2, *]questions have been posted about divorce by real users in North Carolina. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child custody. All topics and other states can be accessed in the dropdowns below.
North Carolina Divorce Questions & Legal Answers - Page 6
Do you have any North Carolina Divorce questions page 6 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 138 previously answered North Carolina Divorce questions.
Divorce
North Carolina

Recent Legal Answers

What goes along with answer to divorce complaint?

Answered 13 years and 4 months ago by attorney Ms. Amanda Bowden Johnson   |   1 Answer   |  Legal Topics: Divorce
Ms. Amanda Bowden Johnson
You most likely would not do surgery on yourself if you didn't know what your doing, so why attempt to do your own legal work when you don't know what your doing? Odds are you have mucked this up pretty good - go see an attorney.
You most likely would not do surgery on yourself if you didn't know what your doing, so why attempt to do your own legal work when you don't know ... Read Answer

What are the annulment qualifications?

Answered 13 years and 5 months ago by John F Brennan (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Divorce
Most probably, but it can be requested. What you really need is to be rid of him, leave NOW.
Most probably, but it can be requested. What you really need is to be rid of him, leave NOW.

How to separate when he wont leave my home

Answered 13 years and 6 months ago by attorney John G. Miskey IV   |   1 Answer   |  Legal Topics: Divorce
John G. Miskey IV
You have several options.   One is to try to negotiate an agreement with one of the key terms granting you possession of the residence.  You can schedule a mediation before separation.   If you and the other party have a child together, you can file a lawsuit for custody before you separate.  ... Read Answer
You have several options.   One is to try to negotiate an agreement with one of the key terms granting you possession of the residence.... Read Answer

is there a NC law still on the books as alienation of affection.

Answered 13 years and 7 months ago by attorney John G. Miskey IV   |   1 Answer   |  Legal Topics: Divorce
John G. Miskey IV
Yes, Alienation of Affects and Criminal Conversation are still recognized claims in North Carolina.  You may want to speak with an attorney about the strengths of your potential claims considering all relevant circumstances.  Your attorney can also advise you how to gather information before separating from your spouse.  Good luck.  ... Read Answer
Yes, Alienation of Affects and Criminal Conversation are still recognized claims in North Carolina.  You may want to speak with an attorney... Read Answer

How do I find a excellent divorce lawyer for my case because there is property, land, and money to be divided? I just obtained my divorce Nov.13, 2012

Answered 13 years and 7 months ago by attorney John G. Miskey IV   |   1 Answer   |  Legal Topics: Divorce
John G. Miskey IV
There are many ways to find an excellent attorney, including attorney directories, websites and referrals.  You are generally well-served to find an attorney who practices in the county in which the case exists and has significant experience practicing Family Law.   Do you have a pending claim for equitable distribution (of marital assets and debts) on 11/13/12 when the divorce was finalized?  Be sure to bring all relevant paperwork to your attorney's attention.  Good luck. ... Read Answer
There are many ways to find an excellent attorney, including attorney directories, websites and referrals.  You are generally well-served to... Read Answer

i want a DIVORCE and husband cant be found what do i do

Answered 13 years and 7 months ago by attorney John G. Miskey IV   |   1 Answer   |  Legal Topics: Divorce
John G. Miskey IV
Review Rule 4 of the NC Rules of Civil Procedure.  After you file your Complaint for Absolute Divorce, send a file-stamped copy of the Complaint and issued Civil Summons to his last known address.  Service by publication is possible as last resort.  
Review Rule 4 of the NC Rules of Civil Procedure.  After you file your Complaint for Absolute Divorce, send a file-stamped copy of the Complaint... Read Answer

filed bankruptcy a week ago.Now husband telling me i have two weeks to get out.Help please.

Answered 13 years and 8 months ago by attorney Jason Witt   |   1 Answer   |  Legal Topics: Divorce
Jason Witt
I don't understand the connection between bankruptcy and your husband saying you have 2 weeks to get out.  Please elaborate...  Sounds like you need to talk to a good divorce attorney.   Jason Witt Charlotte Bankruptcy Attorney  
I don't understand the connection between bankruptcy and your husband saying you have 2 weeks to get out.  Please elaborate...  Sounds like... Read Answer

What are my options to modify a divorce agreement that is not part of a court order?

Answered 13 years and 9 months ago by J. Blomeley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The answer depends on what kind of custody agreement you have.  If custody was settled by way of a court order, either by consent or after a hearing, then you will need to file a motion in the cause.  This will ask the court to modify the existing order upon a showing of a substantial change in circumstances affecting the welfare of the children. If there was never a court order regarding custody, you may need to file a lawsuit seeking a custody determination.  If there is no prior order, the judge will make a decision based on the best interests of the children. Good luck!... Read Answer
The answer depends on what kind of custody agreement you have.  If custody was settled by way of a court order, either by consent or after a... Read Answer

What rights does my husband have on the properties before our marriage in case of divorce?

Answered 13 years and 10 months ago by Mr. Cathy Rose Cook (Unclaimed Profile)   |   27 Answers   |  Legal Topics: Divorce
no photo
You are entitled to the equity you had in the property prior to marriage. However, the equity built after marriage is marital, and your husband is entitled to half of that.
You are entitled to the equity you had in the property prior to marriage. However, the equity built after marriage is marital, and your husband is... Read Answer

If you got married in NY and relocated to another state. Where should you file your divorce papers?

Answered 13 years and 10 months ago by attorney Jason Witt   |   1 Answer   |  Legal Topics: Divorce
Jason Witt
Depends.  Do you want any alimony, property etc...?
Depends.  Do you want any alimony, property etc...?

My astranged husband and I have not lived together for three years. He now wants to sell the vehicle I have been driving.

Answered 13 years and 10 months ago by attorney Jason Witt   |   1 Answer   |  Legal Topics: Divorce
Jason Witt
Are you divorced?  Who is on the title to this car?
Are you divorced?  Who is on the title to this car?

My friend said she would pay me to fill out the forms in her Do It Yourself Divorce Kit because she doesn''t know how.

Answered 14 years and 3 months ago by William/J Joanis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It is a violation of the law.  It will possibly even bite you if you aren't caught, as she will blame you for anything that doesn't turn out right, or if someone in the future says she could have had more than she got (property, indemnity on debt, alimony, etc.). Run from this offer. ... Read Answer
It is a violation of the law.  It will possibly even bite you if you aren't caught, as she will blame you for anything that doesn't turn out... Read Answer

Can ex-wife still use my last name after 4 yrs of divorce and sated in dvorce decree she caould use her maiden name immediately.

Answered 14 years and 7 months ago by William/J Joanis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
She could probably change her name back to your last name if she wanted to do so.  Some ex-spouses do this just because of the hassle of changing it.  We have one client who, as part of her divorce, agreed to change her name to anything but her husband's name.  She made up a totally new first and last name for herself.  That must have been one bitter spouse to require that.... Read Answer
She could probably change her name back to your last name if she wanted to do so.  Some ex-spouses do this just because of the hassle of... Read Answer
Divorce
North Carolina

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