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Fred B. Amos II
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Fred Amos’s Answers

882 total


  • I filed for divorce in North Carolina. She was served. Thirty days past no answer. Can she contest after the 30 days?

    I'm filing summary of judgment because she did not respond.

    Fred’s Answer

    As North Carolina is a "no-fault" divorce state, if you meet the requirements of the statute, then there is nothing to contest. So, by all means proceed with your summary judgment. Make sure that you read the statute and adhere to all requirements.

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  • What kind of divorce may I obtain and can I get a free divorce

    My ex husband and I are legally separated and have been for 12 yrs now because he molested my daughter I am now a resident of Johnston county nc seeking a divorce he has a daughter now with someone else and I moved on as well is it possible to get...

    Fred’s Answer

    No, there are no free divorces. Even if you handle the divorce yourself, you will still be required to pay the filing fee. It will also cost you the price of certified mail to serve your husband. I suggest you contact the Clerk's office in Johnston County for a do-it-yourself packet. Just be aware that if you do not do everything correctly, you may be required to start over.

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  • In north Carolina can I get divorce now with waiting considering the following:

    we have not been intimate for over 2 years, not slept in the same bed for that same time, we lived apart in the same house for that same time, tried marriage counsel multiple times throughout the marriage, lived separated, prior to having childre...

    Fred’s Answer

    In North Carolina, we have "no fault" divorce. The main requirement is that the parties live, physically, separate and apart for one year. So, you will need to wait six more months before you file. You should also consult with an attorney before you do anything as you may be entitled to spousal support, equitable distribution, etc.

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  • My spouse and I have recently separated. In the event of a divorce, am I entitled to half of his bonus at end of that year?

    My husband is a principle of the firm he works and has always received a significant bonus at the end of the year. This bonus has helped pay for property tax on house and home owner's insurance. It has also helped pay for vacations and other ex...

    Fred’s Answer

    You likely have many more issues than just the bonus. You may be entitled to post separation support, alimony, and equitable distribution. There is also the matter of child custody and support. You need to consult with an attorney to discuss all of this issues before you do anything else. A consultation is a relatively inexpensive way to get a lot of good information.

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  • Do I need a lawyer to obtain custody of my daughter?

    My ex-wife and I divorced. She will not allow me to see my daughter! I pay a little over $700 in child support. My child's mother ignore my calls for days, weeks here lately months. When she does answer the phone she's yelling at me when I'm not ...

    Fred’s Answer

    I agree with Ms. Haas. You need to act and soon. Are you required to take advantage of the services of a lawyer, no. Do you "need" a lawyer, yes if if you want the best possible outcome.

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  • Will I need a custody Attorney?

    The baby was not registered under the Dad's last name nor the information about the dad is on the registration. I was 15 and I told the social worker that the dad was 33. She sent police to look for the dad but he fled the country. He is looking t...

    Fred’s Answer

    It would be in your best interest to hire an attorney. Assuming he is the actual father of the child he will have no problem proving it. Once he proves he is the biological father of the child he will be afforded his constitutional rights that go along with being the father.

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  • Do we need an attorney to file for full custody?

    My boyfriend wants to file for full custody of his son. He has the paperwork from the courthouse but it's a lot that we don't understand. His name is on the birth certificate and she just took him away. Should he hire an attorney to assist him in ...

    Fred’s Answer

    Child custody is one of the more complex issues in family law. As you say, there is a lot your boyfriend does not understand. For example, he is likely setting his expectations too high if he expects to get full custody. While not impossible, there would have to be some extraordinary circumstances to allow him to do so. He should consult with an attorney to discuss the details and determine what he can reasonably expect and how to proceed.

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  • No Contact order filed against me?

    My current girlfriends ex filed a no contact order against me for texting him threats. His main goal was to keep me away from his son. The judge denied that but did issue him the 10 day temp order. He conveniently left out that he beat up his ex...

    Fred’s Answer

    You should absolutely be at the hearing to defend yourself and present your evidence. If you are unsure what to do you should consult with an attorney for assistance.

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  • Would I need an attorney, or can I file for a divorce myself?

    If childsupport has been filed and ordered against my children's father, but we have not yet divorced, would I need to hire an attorney to file divorce? Or, can I file myself? The only thing I really want is half of any monies off of our marital p...

    Fred’s Answer

    You can certainly file your own divorce, but if you are a granted a divorce without preserving your claim for equitable distribution, then the claim is waived. Same for alimony. It will be worth your time to consult with a family law attorney before proceeding with filing for divorce.

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