I was married in North Carolina in 2000 and in 2001, my husband and I moved to Scotland for my work. Last July (2003) he decided he needed to go back home for awhile. Once he returned home, he told me he wanted a divorce. In 2002, we bought a flat together, however, I was the main earner on the mortgage. It has now been a year since we have been seperated and we would like to procede with a divorce. I have suggested that I buy him out of the property, but he insists that the flat is to be included in on the divorce. He contributed very little to the mortgage when he was living here and has not paid anything for over a year, but he suggests that he is entitled to half of the flat. Is he? What are my rights? Are we able to get a divorce without me having to come to America? What are the typical fees involved when both partites agree to a divorce?
Thank you very much for your time.
Yes, if they are legitimate.
Greetings. First, if your husband is in NC and you choose NC law, he is entitled to half of the flat’s value during the marriage, despite who paid the mortgage as all earnings were marital. He is not entitled to any mortgage deduction made by your payments after the date of separation. Please see our fee calculator on our website to answer your question. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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.
Does North Carolina recognize divorce granted in Guam or the Dominican Republic if both parties are in agreement?