North Carolina Divorce Legal Questions

You need to file in the state that you live in. You already have residency there. Immediately file papers and ask that there be orders for Spousal Support (assuming he earns more than you earn), and for Child Support if he is the father of your child. If you wait for him to file, you will have to go to that state in order to ask for support, and for every hearing and your trial.... Read More

If your name is on the lease and there hasn't been an eviction, you should still be able to access the apartment. You can file for support, but you have to have an address to serve him the papers. While most states require at least six months residency in order to file for divorce, each state is different and many people misrepresent their situation on court papers.... Read More

You can try contacting law enforcement and explaining that he locked you and your child out of your home and you need to get back in. They will want to see some proof that you reside there, such as a lease with your name on it. As for a remedy through the Courts, what you described is a form of marital misconduct called malicious turning out of doors. You should commence an action against this man for custody, child support, and potentially alimony if you depended on him for your own support. As part of that lawsuit, you can also ask for a form of a restraining order called a preliminary injunction that prevents him from interfering with your access to the residence.... Read More

You have every right to retrieve your belongings and if your husband will not allow you to do this voluntarily, you can request that a police officer go to his residence with you and force him to give you time to get your belongings. You can also petition a Court where he is residing to draft a temporary order which would set out things like spousal and child support and also parenting time. This task may be difficult and although money is short you may want to look into some form of legal aid (many areas offer free legal aid clinics) to make sure that you are protected.... Read More

You have a few options. If you were awarded property in the court's order and your ex denies access to the property, you could file a motion for order to show cause against your ex directing your ex to explain why either he/he is justified in keeping you from accessing your property or should be held in contempt of court and sanctioned. If the court ruled in your favor, it will typically direct your asked to return the property or risk having judgment entered against him/her for the value of the property and/or jailed for failure to comply with the courts previous order awarding the property to you. Under certain circumstances, you may be able to report the property to the police as stolen are you legally withheld from you, although usually the police are not eager to help people in divorce situations by charging each other with crimes, even if there really is a crime or crimes being committed. Be prepared for the police to tell you that this is a "civil matter" whether it really is or isn't. A third option is to sue incivil court for conversion or replevin. When you sue for conversion you are asking the court to award you the value of the items withheld from you, but you do not get the items back. Suing for conversion is often a good way to recover when you're exclaves the items have been lost or stolen away from him/her. While you may not get the item back, you will get damages in the form of money representing the value of the item kept from you. Replevin is an action in civil court where you Sue to recover the item taken, not for the value of the item. If you went to replevin action, the court orders the defendant to return the property to you, or risk being held in contempt of court and jailed or find, etc. for failure to comply with the courts order or refusal to comply.... Read More

You can file for divorce in any state that you live in so long as you meet the residency requirements. However, if there is property involved, children involved, or alimony involved in your lawsuit, the question of where you can file a lawsuit becomes more complicated. You should consult an attorney on the specifics of your case to get a clear answer.... Read More

This is part of the problem with some states recognizing same sex marriages and some refusing to recognize them. It makes this a difficult question to answer. Since same-sex marriage is legal in PA currently, your best bet for resolving this situation is to try to get a divorce in PA since that state has personal jurisdiction over your spouse at the moment. Because NC does not recognize same sex marriages, the marriage doesn't legally exist in NC and so you cannot ask the Courts in NC to dissolve a non-existent marriage. Hopefully, either through federal judicial action or through legislative action, same sex marriage will be recognized in all 50 states in the near future and we can then offer the same remedies to same sex couples that are available to everyone else.... Read More

As a legal matter, since both the cars are marital property then you can possess and operate your spouse's vehicle and she can possess and operate yours. As a practical matter, however, if you take her car you are asking for trouble. Starting with her calling the police and accusing you of trespassing if you take it from her garage or driveway, seeking an injunction against you, seeking an interim distribution to have you ordered to return the car and later on down the road making a fuss in front of a judge over the fact that you took her vehicle, it is generally a bad idea to take property that you may have an ownership right to but is currently in the possession of the other party.... Read More

If you had the 401k prior to getting married and no funds were invested in the 401k during the marriage, then it is very likely separate property. However, marital funds are generally any funds earned by either spouse during the marriage. So, if you were putting money that you earned at your job during the marriage into the 401k even though you and your spouse kept your finances separate it would be marital money. If your Wife has a 401k and deposited money in it during the marriage, then it is at least partly marital and you can make a claim for at least of the marital portion.... Read More