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John G. Miskey IV
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John Miskey’s Answers

221 total


  • Will a domestic partnership in Chapel Hill NC have any effect on things like shared possession of assets, debts, shared pension?

    I and my partner are considering registering for a Domestic Partnership in our city of residence - Chapel Hill, NC. We are doing this to then be able to apply for a long-term visa for my partner (who is a U.S. citizen) to my home country (an EU...

    John’s Answer

    Your question is a good one. Establishing recognition as domestic partners does not implicate North Carolina's laws of of equitable distribution (property division) in the event of a dissolution of your relationship since there is no marriage. Therefore, absent an agreement, you and your partner's assets and debts would be governed by title theory - the individual with title to the asset holds it free from any claim by the other. Jointly held or acquired assets could be divided by a partition action.

    A contracting addressing both parties' assets, debts and intentions is a logical and practical option. Good luck!

    I also recommend reviewing your case with an immigration attorney as well.

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  • Can I show with calls, texts, emails and letters from my ex, that she never asked for no contact and I didn't threaten her?

    My ex filed a 50B against me a couple of days ago. The ex parte was denied, so, we have a hearing in a few days. She had been in a depressed state for the past week, coupled with losing some loved ones in death, and having to miss work to handle s...

    John’s Answer

    Based on the facts as provided, it appears that the DVPO is very defensible. Review your case with an attorney experienced in these cases to evaluate your evidence.

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  • Can I get a divorce in less than 30 days?

    Can a judge sign off on my divorce before 30 days? We both agree on the terms of the divorce. We have no property or etc. We have been separated 4 years.

    John’s Answer

    • Selected as best answer

    Yes, parties can expedite the entry of divorce judgment by consent.

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  • How can he just do that and i get nothing? Is there any law or guidelines for filing taxes with joint custody?

    My childs father and I have joint custody of our son. We split time with him completely equal. I have him 4 days a week he has him 3 then the next week it switches. His father has claimed him on his taxes both previous years and says he is this ye...

    John’s Answer

    Consider speaking with a tax professional since this is an IRS determination absent an agreement or court order. My understanding is that, if there is an equal number of custodial overnights, the party with higher earned income during that year is eligible to claim the children for tax purposes.

    However, check your calendar. There is an odd number of days in the year. If you have more custodial overnights than your ex, speak with a tax professional about your options. Good luck!

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  • What are our options?

    My husband was contacted by a woman on Facebook who claims that her almost 18 year old son is his. She wants them to meet. We told her after the holidays they could set something up. My husband is unsure if the kid id even his (this would have bee...

    John’s Answer

    I would proceed cautiously. It could be a ploy or money grab. More information is required. Speak with a local attorney to assess your husband's legal exposure, if any.

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  • Can I prove I was forced to sign under cohesion/undue influence? Can I file for PSS if agreement only states I waive alimony?

    Just separated, have 3 young kids and have been a SAHM for the past 4yrs. He currently makes 4x more from his businesses then when I first met him. I have been a victim of verbal abuse and financial control (i.e. no joint account, name not on hous...

    John’s Answer

    Schedule a consultation with an attorney to review the language in the Separation Agreement, particularly whether both parties were required to make a full disclosure of marital assets or whether this opportunity was waived. Further. duress and coercion is challenging, but not impossible, to demonstrate. It is very case-dependent.

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  • Do grandparents have any visitation rights?

    My son and ex wife are keeping my grandchildren from seeing me

    John’s Answer

    Yes, grandparents have limited visitation rights that may choose to pursue in North Carolina.

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  • Can I sue my spouse's affair for Criminal Conversation when s/he is not an American and lives in a different country?

    We live in NC, but the plaintiff lives in a different country.

    John’s Answer

    Jurisdiction would be the first significant hurdle to overcome. Relevant questions include whether the paramour availed him/herself to jurisdiction of North Carolina, when the alleged acts occurred, where the alleged acts occurred among others. We would be happy to review your case with you.

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  • I am legally divorced since April 2013 and now my ex has been overly verbally abusive to me. Is there anything I can do?

    I have two teenage daughters and the agreement says every other weekend which we have been flexible. That has not been the problem other than it seems likeit is only on his terms when he is available not on a calendar. I din't mind that but don't ...

    John’s Answer

    The answer depends in part on whether you have an agreement or Court Order in place addressing custody. Speak with a family law attorney about your legal options.

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