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Fred B. Amos II

Fred Amos’s Answers

952 total


  • How can i get a divorce in NC without waiting for a year.

    How can i get a divorce in NC without waiting for a year

    Fred’s Answer

    North Carolina is a "no fault" divorce state. In order to get divorced in North Carolina, you must be physically separated from your spouse, meaning that one of you must move out of the marital home with the intent to remain permanently separate and apart, for one full year. An action for divorce cannot be filed until one day following the running of the one year separation period. So, the answer to your question is that you cannot get a divorce in North Carolina without waiting for one year. You may, however, file for and be granted a divorce from bed and board based on the fault of your spouse, but a divorce from bed and board is more akin to a legal separation than a divorce in that it does not dissolve the matrimonial bond.

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  • Any rights for married stay at home mom?

    I am married I have a child with my husband, I am a stay at home mom and he works for Microsoft. SInce I dont work everything is under his name cars, apartment,etc. He left the house and said i had 30 days to figure it out with my daughter .Its b...

    Fred’s Answer

    Yes, you absolutely have rights, substantial rights. I am very sorry that you are in the situation you are in, but you will need to take action to get what you are entitled to. You of course have claims for child custody and child support, but you may, as it sounds, be entitled to spousal support and alimony, property division, and, for some of your claims, attorney fees. There are many factors that determine what exactly you are entitled to, such as how long you have been married, your respective incomes and earning capacities, etc, so it is impossible to say what, if anything, you would actually receive. I know litigation is expensive, but I believe it would be well worth it for you to at least start with a consultation with an attorney to go over the details of your situation and get a better understanding of your rights. An attorney can also assist with finding your husband and having him properly served. Good luck to you.

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  • I recently divorced and my ex-husband has not paid off a boat we jointly own as agreed upon in our separation agreement.

    I am the primary borrower and he is joint on the boat loan. The separation agreement outlined that he was to pay off the boat loan by 1/1/15 and put in his name. The loan has matured and the remaining payment is $5000. I am concerned he will not...

    Fred’s Answer

    As has already been stated in previous answers, the correct answer to your question is dependent on whether your separation agreement was incorporated in your divorce judgment. If not, you may sue your ex-husband for specific performance on the contract. As the amount is less than $10,000, you can bring such an action in small claims court, which is much less expensive than if you had to sue in District Court. If the separation agreement is incorporated you need to file a motion to show cause to get him before a judge to answer as to why he has not complied with the court order. If he has the ability to pay, a judge can hold him in contempt for his failure to comply with the order. One possibility is that the judge could put him in jail until he complies. While you could handle the small claims action yourself, I would not recommend it. If you are filing a show cause, I highly recommend you hire an attorney to assist you. Good luck.

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  • "If I am paying child support in North Carolina and was never married to the mother. Can she legally keep me from seeing her"

    This is for a friend, he pays child support monthly. He works, He's an army vet and point is he's done nothing wrong to not be able to see his daughter. Yet the mother of the child refuses to let him see her. He hasn't seen her in over two year...

    Fred’s Answer

    In North Carolina each parent has equal rights to the care, custody and control of a minor child. Without a child custody order in place mom can do whatever she likes. Waiting two years to take action was a poor decision, but it is by no means too late. All else being equal, it is in the best interests of a child to have both parents in their life. An action for child custody needs to be filed as soon as possible.

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  • Childs mother filed motion to modify& motion for contempt. her allegations are all false and most can be proven so.

    6 months ago I was awarded primary custody of my daughter for many reasons. some of which included her mom not letting me have contact or visitation for 5 years and neglecting her medical needs of asthma and psychological issues.The weekend after ...

    Fred’s Answer

    First, in order to be successful on the motion to modify the current custody order, mom must show there has been a substantial change in circumstances from what existed at the time the order was entered. Refusing visits and calls are not changes in circumstances, so there would need to be something more. However, refusing visits and calls that are required by the current order could be grounds for contempt. In order to be held in contempt, the violations must be shown to be willful. So, mom must prove you violated the order, and she must show that you did so willfully. If you can prove that you have not violated the order, you should be in good shape. Good luck.

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  • About Child Custody

    I am divorced from India. I don't have child custody mentioned in my divorce papers.I am living in United States along with my kid who is a citizen of America. My ex-husband is in India and his lawyer is willing to help me. So his lawyer asked me ...

    Fred’s Answer

    While I cannot give you a time frame as to how long it would take to complete, it would not be extremely difficult if your husband is willing to sign a consent order granting you sole physical custody of the minor child. There is a jurisdictional issue with respect to your husband being physically located India, but if he has an attorney to work with, getting proper service of the child custody complaint and summons will be somewhat easier. You will need to file a complaint for child custody here in Wake County as I believe you and the child reside in Cary. Then you will need to effect service on your husband in India. This could be done by sending the documents to his attorney and having your husband execute the documents at the attorney's office who certainly has someone that can properly notarize the documents. Once your husband has been properly served, a consent order can be drafted, sent to him for proper execution, and filed with the court. We have Indian clients and have experience sending documents to India, and while it can take a little longer than when everyone is in the U.S., it can be done. You will need to consult with some attorneys to get an estimate of the cost.

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  • Want to know can I move to Durham with my new boyfriend

    Me and my ex have been seperated for 6months we have nothing in our 7 years of marriage but our beautiful 5 year old daughter. My ex is harresing me and wont leave me alone can I move to Durham to get away my sitiuation is getting bad I can't affo...

    Fred’s Answer

    Under North Carolina law, barring a child custody order stating otherwise each parent has equal rights to the care, custody and control of the minor child. If you do not have a child custody order or other child custody agreement in place, then you should take your daughter with you if you decide to move to Durham. I would also recommend that you consult with a family law attorney about filing an action for child custody and child support if you have not already done so. Finally, if your ex is harassing you, you should consider filing for a civil no contact order.

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  • What are my chances of gaining primary custody of my son ?

    I filed for custody of my son because his mother will not let me in his life. I have filed 2 show causes which she ended up in jail 2 times and still will not let me in his life she changed her number so I can't contact her to get my son. We live ...

    Fred’s Answer

    It is impossible to give you odds of success, but I can guarantee you that nothing will change if you do nothing. In North Carolina, most child custody decisions turn on what is in the best interests of the child. You sound like stable person with a good home life, so I think a good argument could be made that it is in the best interests of your son that you be in his life. Also, if mom is consistently defying court orders that will work against her in a child custody case. So, I agree with Ms. Haas that you should file a motion to modify custody as soon as is practicable.

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  • Can I get married without my parent constant while I'm 16 and pregnant?

    I'm 16 and 22 weeks pregnant, I would like to get marry with my fiance because I want my son to be born in marriage parent. My parent did approve on the engagement but they don't approve the marriage. I had try'd everything and they all ways build...

    Fred’s Answer

    You do not say how old the father is, but I assume that he is older than you. If that is the case, you will need the consent of one of your parents. According to NC marriage statutes, if you are over 16 and under 18, you will need the consent of a parent regardless of the fact that you are pregnant. However, if the father is over 14 but under 16 you can get married. If he is over 16, you two will need parental consent. Strangely enough, if you were under 16 but over 14, you would not need parental consent. Good luck to you.

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  • Best option for dropping the charges and divorce?

    I am a russian lady, green card holder. Full time worker and full time student. My husband treated me with extreme cruelty, threatened me with deportation, and once police got into situation - I pressed the charges. I had bruises all over me and ...

    Fred’s Answer

    Your question raises many potential issues. I will not address the domestic violence issue as it appears that you are choosing not to file for a DVPO, but you should think about this very hard.. You do not mention what the November 18 court date is for, so I do not know if that is part of the criminal action or if one of you has instituted a civil action. Assuming a civil action is yet to be filed, the first issue I see is whether or not you consider yourself separated. All that is required for separation in North Carolina is that one party move out of the marital home with the intent to remain separate and permanently apart. You must be separated for one year before you can file for divorce. If you are indeed now separated from your husband, you may be able to file for post separation support, alimony, and equitable distribution, which is the term we use for the settlement of property, e.g. your house and car. There may also be marital debts to deal with. You do not mention whether or not you have minor children, but if you do, you may also need to file actions for child support and child custody. So, you need to consult with a family law attorney in North Carolina as soon as possible to determine the proper course of action with respect to your marital rights. The criminal may punish him, but it does nothing to help you, so I recommend focusing on your rights and proceed with a civil action for post separation support, alimony, and equitable distribution.

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