I'm dating a man ( I met a few weeks ago) who has had a "legal separation agreement" for 9 months. He and his wife live in separate residences in SC. I'm in NC which is where we see each other. She phoned me last Saturday to say they're still mar...
For clarity's sake, I'll just add that a person living in SC can sue a NC citizen for AA using our laws so long as conduct alienating the affections occurred in NC as well. I represented a client who was a NC citizen against an AA claims brought by a NY citizen, so it's possible. Ultimately, so long as there's a legal separation though, no AA claim will lie. That's the law here now, as of about 6 years ago.See question
My husband just took a dna test for a child that was born 7 years ago.
Alienation of affections means one spouse has lost the care, love, support, maintenance, etc. of the other spouse due to the intentional acts of a third party outside the marriage. If you are just finding out about the affair, and your husband's acts in the marriage never changed such that you had no idea he had even cheated, I think you'll have a hard row to hoe going after the third party at this point, even if there are no statute of limitation or statute of repose issues. As another attorney advised, it might be best to simply let it go versus courting what could turn out to be a costly and time consuming matter that may net you nothing in the end. AA and criminal conversation have been taking a beating in this state in modern times, so that's something to keep in mind as well.See question
I'm going through a divorce and I've tried to serve the papers, but he refuses to sign and he is located in another states. The court told me to file an affidavit of non-service, but I'm unable to locate that form.
Sometimes, I will file an ANS in situations where the other party is intentionally avoiding service, and I want to put it on the record because I intend to serve some other way as a result-such as by publication. It's good to cover your bases in these types of situations in case the other party attempts to challenge your service method at a later date, but it's not something that's absolutely necessary, as previous attorneys stated. Also keep in mind, as the other attorney stated, you can always attempt service by Sheriff, even out of county/state. Your local sheriff's office should be able to provide you with info re: whether they can help you, their fee if they can, what they would need from you, etc. Finally, there are also private process servers who can help you out for a fee. You could conduct a search of servers in his state and go from there. They must be an "authorized" process server though, you can't just choose anyone. Best wishes.See question
I have consulted with lawyers & advised to file a Counterclaim as property is involved. I only have 10 days to respond to the complaint hence wanting an extension. I'm seeking Spousal Support. Can't afford a lawyer & need advice in obtaining these...
Look to the complaint you received. It should have a "header" setting out the state, county, file number, county and division of court. Prepare a heading that looks the same, and title the document a motion for extension of time. In the body of the document you would ask the court for more time to answer, (usually 30 days is requested), and give your reason(s) why you need the extension. You would then sign, date and include your address and telephone number. You'd also need to send a copy to the other party (their attorney if they are represented). As you are a pro se party, I doubt the court would ding you on the format so long as you have the required information in your document. Best wishes with your matter.See question
Easement is for a driveway. The holder of the easement has access to his property via an existing driveway.
Courts generally assume easements are intended to be permanent, unless otherwise indicated in the document creating the easement. So, you could begin by looking to the document granting the easement to determine what the terms are/were for its use/duration. Easements can be terminated in a number of ways, such as where the easement was only granted for a limited time or duration and ends when the time passes or a certain condition occurs. An easement may also be terminated when an individual owning the dominant estate (i.e. the one that was granted the easement) purchases the servient estate, or when the holder of an easement releases his or her right in the easement to the owner of the servient estate. This release must be in writing. Abandonment of an easement can also extinguish the interest under certain circumstances, as well as misuse or the sale of a servient estate. - See more at: http://realestate.findlaw.com/land-use-laws/easement-basics.html#sthash.6ED7CxQX.dpufSee question
My brother is trying to have property taxes sent to me because he found out that my mother in North Carolina is leaving the property to me because he found the will. My mother is in a nursing home on medicaid. He was managing her estate but ref...
I always advise individuals in situations such as yours that, if no one pays the taxes, the land will be lost, regardless of any interpersonal issues or family disputes. So, you may want to contact the tax office about arranging a payment plan for the delinquent taxes to avoid losing the property, especially if its particularly valuable or worth more than the taxes owed such that it'd be in your best interests to keep it "in the family" pending your inheriting it someday. Had you been in the position to do it, another option would be to sell the property. Of course, the tax debt would need to be addressed as well, but depending upon how much was owed, it might not be an amount that would scare away a buyer. As your brother sounds like the individual with the power to address sale of the property to a court (a guardian over a person's estate can motion the clerk of court for permission to sell property of a ward under certain conditions, including, for example, when the money is needed to care for the ward), however, and as it sounds like he's not interested in paying the taxes/saving the land since you are the heir apparent, sale doesn't sound like it would be a viable option for you. I'd advise you consult an attorney for further information tailored to your particular facts and circumstances. Best wishes to you.See question
I have a 6 year old son who has add/ adhd. I have lived at my current residence . I am the only tendant on the upper floor, recently somebody moved into the unit below me. They have been there for about 3 weeks now. They moved in at 1 30am and sin...
In addition to speaking with management, as the other attorneys have advised, I would advise you review the terms of your lease. Check to see if there are any terms addressing situations where you could be asked to transfer to a different unit. If your lease doesn't address your situation, there isn't necessarily a right or wrong way to handle the matter, it becomes an issue of do you want to do the easy thing (comply with their demand) or the potentially harder thing (refuse to comply and potentially risk an eviction proceeding being filed against you and having to deal with defending against that). Best wishes to you!See question
We have had numerous problems with the current duplex we are renting. Recently, we have had a sewer line back up that flooded our bathroom, and the landlord forced us to clean it up, and then said we didn't do enough to clean up the mess. We are c...
I'll simply add you could also counterclaim for any damages you sustained as a result of the landlord's failure to maintain the premises in safe and habitable condition as required by law. That is, any moneys you spent on clean-up items or any other things necessitated by the landlord's failure to repair/maintain during your tenancy.See question
I was't prepare at court for that lie and took me few months to get wrote documents proofing that statement was lie.
The question your inquiry raises for me is what affect did the lie, no matter who told it, have on your interests in connection with your particular legal matter? For every wrong, there is not always a remedy at law. If you believe you lost a case or suffered some other serious injury to an interest you had in the case because of a false allegation made by an opposing party, I'd say consult an attorney about the particulars of what happened to see what recourse, if any, you may have. Best.See question
Our Father past away six years ago without a will and my Brother and I are the hiers to his house. I want my Brother to buy me out since he wants the house and I do not but he wants me to just give my half to him . I told him I could not do that ...
You could apply to the court for a "partition sale" of the property if you're not interested in having the property simply divided up amongst you all (i.e. a "partition-in-kind"). Partition sales are highly technical proceedings governed by particular state statutes, so I'd suggest if you're serious about proceeding with this type of sale, you consult a real property attorney with experience handling heirs property matters for assistance to ensure your allegations are properly pleaded, and your legal bases are covered. They can also speak with you about the pros and cons of pursuing this course of action, versus a partition-in-kind, because a sale of the property for less than fair market value, for example, or for less than you thought/expected it would sale for could negatively affect the amount of sales proceeds to which you are entitled to one the sale has concluded. Best.See question