Many questions

North Carolina Divorce Law Divorce and Separation Answers
1

Dear rockwell2g:

Greetings. Let’s see what I can do to answer these:

  1. It may or may not affect your child support. It depends on if she plans and does return to work and if so, for what salary.

  2. You can file an action for custody and ask the court to have your child returned to NC.

  3. Your wife does not need to sign any divorce papers, as you can always have the court make orders without her signatures.

  4. Yes, but you are also entitled to half of the funds she obtained.

  5. You must always follow the service laws of North Carolina if you are filing litigation here. You serve someone in another state in the same manner as you serve in North Carolina.

  6. Your separation agreement should have language that protects you if your wife does not refinance. Following the language of your separation agreement is your only option.

  7. Yes, valid separation agreements last past the date of the divorce. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.

2

  1. My wife quite her job how will that effect my amount I have to pay for child support.

  2. My wife took our 10 yrs old out of the state without my concent.what rights do i have??

  3. we’ve been seperated for over a year however i think she will not sign the divorce papers, what can be done.

  4. my wife cashed in her 401k account,is she still entilted\a right to get half of mine???

  5. how do you serve papers if your spouse is in another state, and by which state law must I follow…

  6. in our seperation agreement we agreed to have the house refinanced in her name, however she has no job now and i need too have the house out of my name what can be done to reslove this issue.

  7. we came to servel agreements in the seperation are those still valid in the divorce.