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General Resources

From the Blog

Don’t Understand

Question:

Dear Cape Fear Family Law:

Do I need to file for separation?  How is that different from divorce?

-Don’t Understand

 

Answer:

Dear Don’t Understand:

Separation is the date you and your spouse start to live separately – not in separate rooms in the same house, but in different homes.  Divorce is the legal end to the marriage, which you can file for 1 day and 1 year after the date of separation.  The issues of post separation support, alimony, and property division need to occur prior to divorce, or the rights are lost.  Forever lost!  If you want to keep your attorney fees and costs to a minimum, try to resolve things through a Separation Agreement or through the courts as close to the separation date as before.  Talk to an attorney about your options and get moving.

 

 

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information above is available for public viewing and is not intended to create an attorney client relationship with any individual. This answer is provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

 

Duct Tape Needed

Question:

Dear Cape Fear Family Law:

I am supposed to co-parent with my ex, but he is impossible.  He constantly tells the children things they should not know – how much I receive in child support, that I have a new boyfriend, or things about our marriage that are in the past.  How do you parent with someone that hates you?  Can the court help me shut him up?

-Duct Tape Needed

 

Answer:

Dear Duct Tape Needed:

It is amazingly difficult to co-parent with someone that is involving the children in disputes they have with you. I hope you have enrolled your children in counseling so they can learn to cope and handle his negative behavior.  Court may be an option, if you need the court to order him to participate in counseling, etc. However, sometimes we just have to cope with negative parenting, try to parallel parent instead of co-parenting, and get counseling advice. Talk to an attorney about your options and stay positive.

 

 

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information above is available for public viewing and is not intended to create an attorney client relationship with any individual. This answer is provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

That’s Mine!

Question:

Dear Cape Fear Family Law:

My mother passed away 5 years ago and left me some family land.  About 3 years ago my husband and I cashed in some investments and built a house.  I found my husband cheating with my friend.  Since I inherited the land, are both the house and land mine?  I don’t have to share it with him, right?

-That’s mine!

 

Answer:

Dear That’s mine!:

Separate property is generally inherited, gifted to you, or items owned prior to marriage.  The land was inherited and would be separate, however I suspect that you may have changed the title during the time you were building the house!  This happens often during a refinance.  If you did change the title to include your husband’s name, you may have “gifted” the property to the marriage so that it is marital and not separate.  See an attorney before you do anything else and have them look!  Best of luck.

 

 

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information above is available for public viewing and is not intended to create an attorney client relationship with any individual. This answer is provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Need some money!!

Question:

Dear Cape Fear Family Law:

I left my husband last week and moved into an apartment.  I paid for it by taking ½ of the funds that were in our bank account, but my husband moved the remaining money.  The funds I took are down to less than $3,000.00 and I will not be able to live for long on that amount.  I work, but only part-time.  How can I get my husband to pay support and help me live?  He won’t give me any money!

-Need some money!!

 

Answer:

Dear Need some money!!:

Alimony may be an option for you, however there are a number of factors.  First you must be a dependent spouse, earning less than your husband.  Next, the length of the marriage is a factor.  Finally, if you are dating a new man, that is likely to be adultery.  Adultery is a bar to alimony unless your husband is also committing adultery.  There are other factors so I suggest that you see an attorney immediately so that they can help you negotiate or file a lawsuit to ensure you get funds before your situation becomes dire or desperate.  Best of luck!

 

 

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information above is available for public viewing and is not intended to create an attorney client relationship with any individual. This answer is provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

DSS and Danger

Question:

Dear Cape Fear Family Law:

The Department of Social Services (DSS) contacted me about my child.  They asked me questions and told me there was a report made.  They won’t tell me a lot, but I realize that my daughter is in danger while living with her mom.  What should I do?

-DSS and Danger

 

Answer:

Dear DSS and Danger:

First, you may want to have an attorney consult with you immediately on the investigation with DSS if that is still ongoing.  Next, you may want to immediately file child custody if your child is truly in danger.  I have found that waiting is rarely the best thing to do if you have facts, evidence, or information that shows your child is in danger.  If there is a substance abuse problem, your attorney can request drug testing.  You should immediately take action to place your child in a safe setting.  Best of luck and much safety to your child.

 

 

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information above is available for public viewing and is not intended to create an attorney client relationship with any individual. This answer is provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Baby Don’t Go

Question:

Dear Cape Fear Family Law:

My ex-wife is moving with her new husband to California.  He is in the military and they have another child together.  I am really involved in my daughter’s life; she is 12 and goes to school here.  I attend her events and I cannot afford to visit her in California and pay my child support too.  Can I keep her here?

-Baby Don’t Go

 

Answer:

Dear Baby Don’t Go:

There is no clear answer to this question.  Unfortunately, the answer is really an “expensive maybe.”  First, you would need to file a motion to modify custody prior to her moving and ask for a restraining order to keep the minor child here.  Then, you would need to clearly investigate both her new potential home in California and her home here.  You would need to rally your witnesses and show that the child’s best interests are served here.  Finally, you would have to get a judge to believe that living here is the only way to keep your relationship with your child intact and that this relationship is in the child’s best interest, among other things you may need to show.  Go see an attorney today, before the move is complete and it is too late.

 

 

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information above is available for public viewing and is not intended to create an attorney client relationship with any individual. This answer is provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.