North Carolina Divorce Legal Questions

The current law regarding alienation of affection and criminal conversation lawsuits is that they must be based on acts that occurred prior to the separation date. One could file a lawsuit anyway if they wanted to, but it would likely be dismissed if it is only based on acts that occurred after the separation. But note that acts that occurred very close to the separation date (even if technically afterwards), could be relevant since if someone has a "new" boyfriend/girlfriend only 2 weeks after the separation, there is a good argument that the relationship was in fact going on much earlier than that. Regarding a separation agreement, that document is not a requirement or even relevant to when the separation began. Separation begins as soon as the parties are living in separate residences with the intention of at least 1 not to resume the marriage, regardless of whether they ever get a separation agreement or not.... Read More

It doesn't matter who is on title, what matters is who is on the actual note (which is not always the same person or people). If she got the car in the divorce settlement, but you are on the loan and/or both of you are on the loan, the Lender is not doing anything improper by suing you. That being said, if you had an actual separation agreement or court order detailing how liabilities would be split, there may be what is called "indemnification" language in there for this very scenario and/or details in there that she was supposed to refinance the loan into her own name but never did. You should consult with an attorney ASAP to review all of your relevant divorce settlement documents and the recent summons because there is typically only 30 days to respond to that.... Read More

It doesn't matter if someone is in prison when filing a lawsuit (as they can have someone or a lawyer physically file the papers for them). The question is whether they have grounds. There are very narrow grounds for annulment, such as bigamy, impotence, false representation about the wife being pregnant and then she never has the baby, incapacitated at the time of the marriage, or underage at the time of the marriage. If any of these sounds close to his situation, he should consult with an attorney.... Read More

You will need to have your agreement in writing so that one of you does not unilaterally change it. In any event, your agreement is not enforceable by a judge unless it has been submitted for incorporation into a temporary order of the court. You should consult with a qualified family law attorney to make sure your intentions are preserved and legally protected in the event your spouse changes her mind and decides not to comply with your agreement.... Read More

If you have an actual court order and it has not yet been officially modified or overturned, your husband is in violation of the order by not paying, subject to contempt of court. But it is also true that such an order can be modified based on a substantial change of circumstances (which being unemployed or on disability would be good grounds) to either get the payments reduced or temporarily suspended. But it is not automatic and he would have had to file an actual motion, serve it on you, calendar it with the court and send you a notice of the hearing, and win the hearing. If none of that has happened, and he/his office is obviously not being cooperative, you should consult with an attorney right away to file a motion for contempt (also called a motion to show cause).... Read More

I am not certain that I fully understand your question, but I will give it a try. A final divorce (or dissolution) means that the judge assigned to your case has signed, and filed the document that constitutes your decree of dissolution. This may be a separate document submitted to the judge for signature, or it may be a minute entry, that is a notice from the court, that the judge has stated to be the decree, and has signed and filed. A closed divorce could be a divorce case where the time limits imposed by the court under the rules have not been met, and the case is therefore dismissed. Another meaning might be that the final decree has been entered, and the time for an appeal from the decree has run, so therefore the case is closed.... Read More

It is unclear from your post how much of the $1540 is for child support, and how much if any is for marital support (alimony).If you have shared custody, the child support obligation will be governed by how many overnights you have each year. For example if you have shared custody and you have the children over night for approximately ? of the year, then your child support should be around $515 per month. If you have shared custody and you have the children 109 nights a year the obligation would be about $975. If you have the children less than 109 nights then it would not be shared custody and the mother would be considered to have custody. For example if you had the children 60 nights your obligation would be about $1110. Child support could also be affected by other payments either parent pays- for example if you were providing medical insurance, the amount you paid as premium would be credited against your child support obligation.... Read More

It sounds like you are saying he has filed in VA. You would need to seek a VA attorney asap to discuss VA law and how to respond to the divorce or if you need to at all. For example in NC, if you don't have any contested issues such as alimony, property, or kids, there is no requirement or need to get an attorney or even respond to the divorce lawsuit. Also, in NC, one cannot contest the actual divorce or prevent it by refusing to consent. "Contested divorces" really have to do with the other issues mentioned above. But if there is 1 year separation and 6 months residency of at least 1 party, the divorce cannot be stopped or contested. But I cannot advise on VA law so you need to consult with VA counsel asap. Generally, any lawsuit will have a deadline to respond (usually 20-30 days and sometimes with the option to get a small extension on that).... Read More

Unfortunately you cannot force him to file a divorce. If he won't file, then it is up to you. We cannot advise on the laws of another state, let alone another country, but the requirements for filing a divorce in North Carolina are 1 year of separation and 6 months residency in NC of EITHER party. This means YOU could actually file in NC based on HIS residency! This of course would mean that you need to come back to NC to do that, or hire an attorney to assist you with it. But if it's really a simple uncontested divorce with no other issues (such as alimony, property, or children), then it can in fact be done without you having to be present if you have an attorney assist you and it wouldn't cost that much. You can also consult legal counsel in your country to see if you qualify to file for divorce THERE.... Read More

All actions against a debtor's property are stayed during a bankruptcy.  However, a party can be permitted to proceed in state court for "cause".  "Cause" can be just about anything, but usually occurs when the debtor is not making mortgage payments.  In this very unique case, the bankruptcy court could agree that cause exists to allow the divorce court to proceed.    ... Read More