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John G. Miskey IV
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John Miskey’s Answers

213 total


  • 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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  • My ex is constantly accusing me of chasing her into the street being angry at her, what can I do to legally protect myself?

    My ex and I have a child together, and she's accused me a few times of "chasing her into the street" after I'm angry with her, which is not the case. I am nowhere NEAR her unless I am picking up or dropping off my child, because I do not trust her...

    John’s Answer

    Speak with a family law attorney about protecting yourself. If she falsely accuses you of an incident, consider documenting it not only in your custody journal but also to your Ex directly to keep a paper trail. Other evidence of these claims, e.g. from a witness, may be helpful to keep in your file.

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  • I had several internet affairs and now my husband wants a divorce what are my options

    5 years ago my husband abandoned the marriage emotionally and physically. We found out he was bi polar. Since then he has been a different man and have felt lonely and we grew apart. My actions were wrong but we could never communicate and he use...

    John’s Answer

    I recommend that you speak with a family law attorney to review your legal options. He does not need to prove fault to file for and finalize an Absolute Divorce. However, as Amanda suggested, if you have property together, children and/or an income differential, you should consider addressing these matters first.

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  • Can we modify our current custody agreement to give me 50/50 custody once my daughter goes to kindergarden?

    My daughter is entering Kindergarden in the Fall, and our current agreement doesn't give me 50/50 custody at all (we signed it when she was only 8 months old) but I feel that her starting school is a great opportunity to start that, and I've prove...

    John’s Answer

    Yes, I would file a Motion to Modify. Assuming this is a Wake County case, my experience has been that the Judges are inclined to award 50/50 physical custody and joint legal custody in most cases.

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  • What would be be my odds of winning my suit if there is obvious adultery and marital misconduct on behalf of my current wife?

    I have neighbors as eye witnesses to testify that my wife committed adultery and marital misconduct whom is currently involved in a new relationship and relocated out of our home since October. She has admitted it to me, as well as an eye witness...

    John’s Answer

    If you can demonstrate that your Wife had sex with her paramour before the date of separation, you can plead this as a bar if she files for post separation support and/or alimony. Her extramarital relationship is not likely to have much, if any, impact concerning division of property unless significant money was spent in this pursuit by your Wife.

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  • How do I get my dog back from my Ex Girlfriend.

    My ex and I have agreed to share custody with our dog. It has worked perfectly for 6 months. Now she took him and wont give him back. Will not answer my calls or texts. I called the police. They showed up at her apartment, and she showed them...

    John’s Answer

    If you and you spouse acquired the dog during the marriage and before the date of separation, this is a marital property issue which should be addressed as part of equitable distribution, not in small claims court. If you were never married, then small claims is an option if you cannot work this out.

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  • My husband and I rent a home.The lease is in his name. He wants me out of this house! If I leave will i b considered abandoning

    The husband is making my life unbearable to stay in the home.Constantly telling me to leave. He is verbally and emotionally abusive and wants me out of the house! He will not help me financially he says b/c he is paying my health insurance thru h...

    John’s Answer

    Speak with a family law attorney as your situation is unfortunate but not uncommon. I don't believe that your separation will be considered abandonment and used against you in your case. I am glad that you are receiving support and good luck to you.

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  • Do I need a divorce attorney

    I have only been married two months and moved to to bahama North Carolina from Atlanta my husband is mentally abusive and I have invested over 17,002 (moving costs, rent, mortgage etc. )moving here. We both agreed this is not working and it will c...

    John’s Answer

    You have a claim for equitable distribution of marital assets and debts. You can push for an unequal division in your favor to potentially offset some of these expenses.

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  • Can I sue my husband's girlfriend for alienation of affections?

    I was pregnant and my husband moved his girlfriend into the house. After giving birth, I couldn't deal with her and I moved out. She is now 8 weeks pregnant and our son is 6 weeks old. I also have a face book post where she boasted about the pregn...

    John’s Answer

    Your likelihood of success depends upon a number of variables, including whether you consented to the girlfriend moving into your residence, the quality of your marriage, whether your husband will be supportive in your claim, among others.

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