John G. Miskey IV’s Answers

John G. Miskey IV

Chapel Hill Family Law Attorney.

Contributor Level 12
  1. My idiot husband said he wants a divorce. Can I donate all of our joint savings as revenge?

    Answered 9 months ago.

    1. John G. Miskey IV
    2. Fred B. Amos II
    3. Andrea Winters Morelos
    4. Kristen Marie Leonard
    5. Lee Alan Thompson
    5 lawyer answers

    If you donate these funds in the marital estate to charity, your Husband can get a judgment against you for 50% of that amount. Speak with with a local family law attorney taking any action. There are other ways to protect yourself and deal with this decision.

    7 lawyers agreed with this answer

  2. Do you have to wait 1 year after being served to get a divorce? What are the parameters for an annulment?

    Answered over 1 year ago.

    1. John G. Miskey IV
    2. Sarah Jessica Farber
    3. Amanda Bowden Houser
    3 lawyer answers

    You need to wait one year and one day after separation before filing for absolute divorce. After filing a Complaint and Summons, your spouse needs to be served with a copy. The grounds for annulment are very narrow. They include bigamy, one of the parties was not of the legal age, impotency and a few others.

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

    Answered 10 months ago.

    1. John G. Miskey IV
    2. Mark S Williams
    3. Amanda Bowden Houser
    3 lawyer answers

    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.

    3 lawyers agreed with this answer

  4. I cheated 4 years ago and my husband just found out.

    Answered about 1 year ago.

    1. John G. Miskey IV
    2. Charles R. Ullman
    3. Lee Alan Thompson
    4. Christopher Daniel Leroi
    4 lawyer answers

    Although not all examples of marital misconduct are created equal, your spouse did not do himself any favors by kicking you out of the house. Speak with an attorney in your district promptly so you can formulate a plan to maintain contact with your daughter and, at minimum, coordinate regular visitation. Even if your spouse is upset with you, your daughter needs you.

    3 lawyers agreed with this answer

  5. Can I file a motion to reconsider after signing a separation agreement?

    Answered about 4 years ago.

    1. John G. Miskey IV
    2. Alan James Brinkmeier
    2 lawyer answers

    In North Carolina, Judges do not sign Separation Agreements. You may be referring to a Consent Order or a Separation Agreement that was incorporated into your Divorce Judgment. Depending on the situation, you should speak with an attorney in North Carolina quickly if you wish to amend the document delivered to the Court. Our office schedules phone and office consultations to review cases concerning North Carolina legal issues. This answer does not establish an attorney-client relationship...

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  6. Do I need a divorce attorney

    Answered 11 months ago.

    1. John G. Miskey IV
    2. Fred B. Amos II
    3. Kirk Robert Lundell
    4. Bill Whittaker
    4 lawyer answers

    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.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. I was divorced and had to pay childsupport and i remarried the same person, does the support stop or am i obligated to still pay

    Answered about 4 years ago.

    1. John G. Miskey IV
    2. David Alexander Browde
    2 lawyer answers

    You should not have pay child support for the time that you remarried your spouse and were living with your spouse. Unless you are separated, you should not have to pay child support. Contact an attorney. Our office schedules phone and office consultations to review cases concerning North Carolina legal issues. This answer does not establish an attorney-client relationship but is a response to a hypothetical scenario and should not be construed as legal advice.

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  8. Need a lawyer that can contest a divorce claim, start an alienation of affection lawsuit and possibly an abuse of process tort.

    Answered about 4 years ago.

    1. John G. Miskey IV
    2. David Alexander Browde
    2 lawyer answers

    I am happy to discuss your case with you. We have offices in Orange and Wake County and I have experience with all of the issues you listed. John Miskey www.bhspa.com 919.401.0062

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

    Answered 10 months ago.

    1. John G. Miskey IV
    2. Sarah Jessica Farber
    3. Rixon Charles Rafter III
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

  10. 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

    Answered 11 months ago.

    1. Kenneth Love Jr.
    2. Daniel Allen Meier
    3. John G. Miskey IV
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

919-401-0062