Ask a Lawyer!

We’ve created the “Ask a Lawyer!” section as a free service to those of you who have a quick question about family law or divorce and want to get a general answer, but you don’t want to come in for an assessment right now.  You’ve just got something bouncing around in your head, and you want an answer.  No worries – just ask your question here and we’ll answer it right here on the site!

Disclaimer (because we’re lawyers, and that’s what we do): Do not ask case-specific questions – we won’t answer them without a real, live consultation. Don’t take any of our answers as legal advice – if you aren’t a client with a signed retainer then we’re not your lawyers. This entire site is for general information only, so if you think you’re getting a lawyer just by asking a question then you’re definitely in the wrong place. (Thank you for reading this disclaimer. We will all sleep better tonight.)

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Here are the previous questions that have been asked … read through them and maybe you’ll find the answer you’re looking for as well.

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    My ex-Husband and I have a custody and child support agreement in place, but he has decided to unilaterally decrease his child support payments, and at the same time has served me with a complaint to modify child support. What are my options?

  2. Rating: +1

    Can I get a divorce before one year seperation if I move out of North Carolina? My spouse has committed adultery 4 times and i have it on a permission given tape recording. She acknowledges she put my children at risk, and chose him over everyone. She has lied to me for 10 months giving multiple stories, increasing my distress. Please help. I want a divorce bad enough I will move.

  3. I'm wanting to start a divorce situation but my spouse had left the country . When she went away from the home she never said anything about going back to her country , we lived together for 3 weeks ,I came home one day and she was gone. I don't have an address for her, but she has aggree to get divorce but does not answer my emails . On one respond she had agree on sending me the address when I was ready for it ( divorce ) . How can this be done ? Are there ways to get around it ? Thanks, Josh M

  4. I am the supporting spouse and my wife had an affair and admitted to martital misconduct. Someone told me that if I have sexual relations with her after learning of the affair that it is automatic forgiving of the behavior and she would be eligible again for Alimony. Is this true, and if so, still true even thought I never forgave or condoned the behavior and still demand that she end it.

  5. my husband is a retired vet. We have been a part for several years. We have a home that he has never lived in and has always called my home. I had the home built while he was overseas a have paid for the upkeep of the home. My husand agreed to pay his portion of retirement (military states a certain portion goes to spouse if divorce)because children have lived with me. Would my retaining ownership of the home be difficult. I hear a lot that you have to sell whatever you jointly own.

  6. I have a 4 year old son with my husband. I want to divorce because he is verbally abusive. He harasses me at work by calling over and over; has me paged overhead if I don't answer. I want to leave but he will not let me leave with the child. If I leave without the child will I risk losing custody of the child. He is a police officer so he verbally threatens and says he will get custody of child. My sanity is at risk and need to get out. What do I do?

  7. In North Carolina, can alimony end when the dependent spouse remarries?

  8. Rating: +1

    After filing a separation agreement, assuming that you've met the 12-month rule of living separately, how long does it typically take to get a uncontested divorce. Is it immediate after filing the paperwork?

  9. Rating: +1

    In North Carolina is a spouse entitled to half her husband's pension? If so, when does she get it and is it considered income when considering Alimony and Child Support?

  10. If I married and never consummated the marriage, can I get an annulment?

  11. Hi. I was told that because of my financial situation, and my husband's temper that I should consider going through a paralegal who works closely with lawyers if I were to need one. Does your firm offer this service? Can I use a paralegal if there is a child involved?

  12. In everything that I read it talks about the spouse actually touching the other person... do deviate sexual acts also included non physical things like talking about sex or sending pictures?

  13. My wife and I are going to pursue separation and I have a reason to believe that she is having an affair, she had admitted that she have physical attraction towards her boss. How can I get joint custody of my five children.

  14. My husband left me for another woman and now I want custody of our two young children. How and where do i start? He isn't helping me pay for the kids and took all of the money when he left.

  15. I've been sperated for 4 yrs, and i want a divorce. What do I do, and how long will it take to get the divorce?

  16. If I have been married for only two months and I already have proof of my husband's infidelity, can I get a divorce?

  17. Can a mother relocate to another state (NY) before separation and divorce proceedings begin? I want to start these proceedings but do not have any family support here. My husband and I are both originally from NY.

  18. I just found out my wife had an affair. Now she's also online dating. Can I file divorce and ask her to leave?

  19. My wife and I are leagally separated and have signed a settlement agreement..subsequently, during an attempt at reconscilliation,My name was added to the deed of our home which we own outright.My wife intends to remain in the home as a primary residence.My I seek a court order for a financial claim of half the taxable value?

  20. I am seeking separation from my husband of 26 years. I have no money of my own and have depended on him entirely for support. I can't work because I have fibromyalgia and chronic fatigue, and I can't get on disability. How do I support myself during the separation and do I have to leave or does he have to leave.

  21. I was married to a same sex partner in CT about 2.5 years ago. What are options for divorce now that I reside in NC (I resided in Michigan prior to NC so I don't think either was the most accomodating)

  22. I believe that my husband is having an affair online, what are my rights for me and my son?

  23. My husband and I have been separated for over a yr (NC law) and he still lives in IN and I now live here. I however have only lived here since July he had asked for divorce last yr and has yet to file can I file now or do I have to wait until I've lived in NC for 6 months? Thank you any information would be a great help.

  24. My wife abandoned me in July of last year. We've been through the mediation process, and now after a year has passed is filing for absolute divorce. Is this something that I do not have to sign off on due to religious reasons?

  25. Can I get a QDRO to divide up my husband's pension (ny state and army) without getting a divorce? I do not want to lose my medical plan.