Yes, you can get a divorce in North Carolina even if your spouse does not want one. North Carolina does not require that your spouse “agree to” a divorce. If your spouse threatens to “not give you a divorce,” know that in North Carolina this is likely to be an idle threat without any basis…
No, you do not have to get divorced in the same state you got married in. Regardless of where you were married, you may seek a divorce in North Carolina if the jurisdictional requirements of residency are met. Either you or your spouse must be a resident of the State of North Carolina for at…
You are not required to have an attorney to obtain a divorce in North Carolina. A person who proceeds in a legal matter without a lawyer is referred to as being pro se (pronounced pro-say), meaning on one’s own. If your case involves children, alimony or spousal support, significant property, or debts, you should avoid…
In North Carolina, the Court cannot order your spouse to contribute to a college savings plan. However, if such a provision is in a valid and enforceable separation agreement, the Court will be able to enforce this provision. Depending on your spouse, including this clause in a separation agreement may require some tough negotiating. It…
No! You may NOT just use a deed form that you found on line and there are a multitude of reasons of why you should not do so. Let us start with the first reason; YOU DO NOT WANT TO BE CONSIDERED A CRIMINAL! Under North Carolina law, the drafting of a deed by anyone…
In order to evict a tenant, you will need to file a complaint; present your case at a hearing; and obtain a judgment of possession from the court. You will want to be certain that all procedures required under the lease agreement are followed, specifically as it pertains to notice of termination of the lease.…
While you cannot make your former spouse cover the cost of your own health insurance, having him cover the cost can be a negotiating point when attempting to amicably resolve issues of on-going spousal support, or can be a factor in a spousal support award in court. If you are the dependent spouse and are…
In lieu of an intestate share or elective share, a surviving spouse may choose to take a life estate in one-third of the value of all real property owned by a deceased spouse during the marriage. A life estate is not the same as full ownership; rather, a life estate is an interest in land…
My mother left quite a large estate which included many valuable pieces of jewelry. My sister and her daughters have gone through the jewelry and taken several items even though we haven’t been through probate. Can we decrease her share of the estate by the estimated value of the jewelry? Assuming that this estate is…
Failing to comply with a Court Order is a big deal that has severe consequences. These consequences can include civil and/or criminal contempt, which allow for a period of incarceration. If you cannot afford to pay an amount that has been ordered by the Court, you will need to file a Motion requesting that the…