Leslie Hall Amos’s Answers

Leslie Hall Amos

Raleigh Divorce / Separation Lawyer.

Contributor Level 10
  1. Does one need to get legal separation papers in NC prior to filing for divorce?.

    Answered 7 months ago.

    1. Leslie Hall Amos
    2. Amanda Bowden Houser
    2 lawyer answers

    No. Just be sure you understand the rights you may give up by having divorce judgment entered.

    3 lawyers agreed with this answer

  2. First step to pursue divorce In North Carolina?

    Answered about 1 year ago.

    1. Leslie Hall Amos
    2. Ketan P. Soni
    3. Jennifer Rutherford Robertson
    4. John Locke Milholland IV
    4 lawyer answers

    That is a personal decision really but you may want to have an initial consultation with an attorney to understand what your rights are, how the separation and divorce process works, the sort of documentation you need to gather, and things like that. Sometimes, if you move out first, it can be difficult to get your hands on documents that may still be in the marital home. Also, in NC we don't really have a legal separation, divorce is based on physical separation of the parties, and you...

    3 lawyers agreed with this answer

  3. Can i win custody of my disabled son

    Answered over 1 year ago.

    1. Leslie Hall Amos
    2. Lloyd T. Kelso
    3. Matthew Thomas Majeski
    3 lawyer answers

    I would recommend that you consult with an attorney in your area immediately. If a child is subjected to abuse or threatened with mistreatment or abuse, this is grounds for emergency custody, and I would also assert that such circumstances warrant a review of your current custody order and potentially modification . Please speak with an attorney in your area.

    3 lawyers agreed with this answer

  4. Can the judge restrict where visitation occurs?

    Answered over 1 year ago.

    1. Leslie Hall Amos
    2. Andrew Nicholas Clifford
    2 lawyer answers

    Yes, the judge can absolutely dictate where visitation can occur, this is not a restriction on Dad's freedom, it is a restriction on where visitation is to take place. Without more information it is difficult for me to say what your options are. Do you have a temporary or permanent order? Did you not express the desire to have visitation occur elsewhere, say meet half way to exchange child so that visitation could occur at your home? You may wish to speak with an attorney to discuss what...

    3 lawyers agreed with this answer

  5. What can I do if my husband refuses to give me a divorece?I have NO money...

    Answered over 1 year ago.

    1. Leslie Hall Amos
    2. Andrew Nicholas Clifford
    2 lawyer answers

    In North Carolina, an absolute divorce is a no-fault cause of action, and once the statutory requirements are met, a divorce will be granted, the parties do not have to both "agree" to divorce. Even if you represent yourself (pro se), there are court fees associated with your divorce proceeding, it is $225 to file, and then fees associated with service ($30 to have your husband served by the sheriff), and there is a $20 motion for summary judgment fee.

    3 lawyers agreed with this answer

  6. In N.C., what constitutes the start date of a legal separation? Also, when does the clock start ticking until a divorce date?

    Answered over 1 year ago.

    1. Alan R. Krusch
    2. Leslie Hall Amos
    3. David Alexander Browde
    3 lawyer answers

    In order to obtain an absolute divorce in North Carolina, you must be physically separated (maintain separate residences) for at least one year and one day, with the intent to end the marital relationship. The "clock" would start ticking from there. In addition, either husband or wife must be a resident of NC for at least 6 months before the divorce action is filed. Often times people confuse a separation agreement with a legal separation so it isn't clear exactly what you mean by a legal...

    3 lawyers agreed with this answer

  7. Can I get legal custody of my niece without her parent's consent?

    Answered 3 months ago.

    1. Leslie Hall Amos
    2. Angela Louise Haas
    3. Bill Whittaker
    4. Adam Wilson Arthur
    4 lawyer answers

    Yes it is possible and it sounds likely that you could obtain custody of the child. I would probably suggest custody at first and then adoption after you terminate their parental rights, if that is what you would like to do, it is just custody is easier to do. I would definitely discuss your matter with a family law attorney since it can be a little more complicated since you have to show that the parents have acted inconsistent with their constitutional right to the care, custody and control...

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  8. Forensic accountant and handwriting expert....child support case

    Answered 8 months ago.

    1. Leslie Hall Amos
    2. John A Patti
    3. Kenneth Love Jr.
    3 lawyer answers

    If you want to use experts you are going to have to learn a fair bit about how to present such evidence in a way that is acceptable by the court, so you could research the NC Rules of Evidence and hope you get it right, but why run the risk of messing it up, paying an expert to be there and not being able to get the evidence entered, so it ends up being a waste. I have seen other attorneys (who have a license to practice law in this state) not be able to get expert evidence entered properly....

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Is it better to use a lawyer or go thru DSS to establish child support?

    Answered 9 months ago.

    1. Leslie Hall Amos
    2. Matthew Vernon Silva
    3. Alan James Brinkmeier
    3 lawyer answers

    I am assuming you and the children live in North Carolina? if so, then it would be appropriate to establish child support here. However after established, you would want to have the order registered in the state where your ex lives for enforcement purposes. I assume that you are going through Child Support Enforcement and they are just backed up with cases? It is quite possible an attorney could get something done more quickly, but you have to pay the attorney. Although if he isn't paying...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. My boyfriend moved in with me from a unhealthy marital situation i.e. arguments. hes trying to get joint custody . can he?

    Answered 3 months ago.

    1. Leslie Hall Amos
    2. Blake Spale
    3. Maria Teresa Singleton
    4. Angela Louise Haas
    4 lawyer answers

    Not to sound rude in any way, but is there any reason that you would be an inappropriate person for the child to be around? Do you have a stable job and home? space for the child? do you abuse alcohol or drugs? do you have a criminal record? etc, is there any reason that a judge would not want the child to be there in the same home with you? I would also suggest that Dad document in writing all of his requests to see the child (text, email, etc.). I would also recommend fully discussing this...

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