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Amanda Bowden Houser
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Amanda Houser’s Answers

1,252 total


  • What documents do I need to file for a divorce?

    We are living separately and I will be filing for a divorce. What are the documents I need from her side? We have no children.

    Amanda’s Answer

    I assume you want to do more than just 'file for divorce' - you likely also want to have your divorce granted. If so, there is a lot more to getting a divorce than merely filing your divorce complaint along with the appropriate copies of a summons, a cover sheet and whatever else your local rules may require and paying your $225 filing fee. Presumably, you are attempting to do it yourself because you think you will save money - you likely won't. Odds are you won't complete the divorce correctly the first time around. Besides why bother with doing it yourself, there are several NC law firms that can handle your divorce quickly and correctly for a total flat rate fee of around $395 which once all is said and done will likely work out to be cheaper than you can do it yourself.

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  • I'm filing for a divorce in North Carolina, but was married in Georgia will I have to go to court in Georgia?

    I'm residing in Southern Pines, North Carolina now. I'm filing for a divorce here in North Carolina, by me getting married in Georgia will I need to appear in court in Georgia? I don't know the whereabouts of my spouse, haven't seen or talk to her...

    Amanda’s Answer

    If you are asking questions like this, the simple fact of the matter is you are likely not going to be able to successfully do your own divorce - it would be like you trying to rebuild your cars transmission if you are not a mechanic - with likely similar results. If you are considering doing it yourself because you think you will save money - you likely won't. Good news is there are several law firms in NC that can handle your divorce for around $395 plus the cost of publication (if necessary). This is likely less than you can do it yourself once all is said and done and you won't have to worry about going to Court at all.

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  • Do I have a case for alienation of affection and can I subpoena phone,text,email,and social media records to prove my case?

    I live in NC and have been married 3 years and living with my wife for a total of 8 years.The last 3 months or so her behavior has changed and just last week I received a letter from an attorney informing me that she wishes to divorce me. Prior t...

    Amanda’s Answer

    This is likely a tough call. While it likely may not seem like it to you, to someone from the outside looking in, you made at least two really big mistakes: 1) you married someone you knew was a cheater and 2) you tried to control that someone by 'forbidding' them to have contact with the person they cheated with. Generally, speaking there is a two prong test to determine if you should pursue a case for Alienation of Affection: 1) did the other person break up a happy marriage? and 2) does the other person have sufficient assets worth going after (it's a waste of time and money to sue some one who is broke / judgement proof). You may have a case but even if the guy does have significant assets, it is questionable whether it is worth pursuing. If you do pursue it and the case does not settle, you have to be prepared for the very likely possibility that the other persons attorney (if they hire one) will attempt to make you out to be a bumbling fool who who married someone he knew was a cheater and thus had no justified expectation that she wouldn't cheat again because he attempted to control that behavior and implicitly knew the cheating tendency was potentially still there. All that said, if the guy has significant assets and you don't mind having some mud slung at you - it might be worth it to at least consult with a local family law attorney.

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  • How can get my wife's ex-husband to sign the quit-claim deed on the property she got in their divorce?

    My wife and I were recently married and she was divorced in 2012. Her ex-husband signed an agreement giving all all the equity in the house, and at the time she was ready to refinance in her/our name, he is also required per the divorce agreement ...

    Amanda’s Answer

    His obligations are to do what ever he was ordered and / or agreed to do. Even so, he can choose to comply or not. If he doesn't, you will have to take him to Court an attempt to force him to comply. However, he isn't the problem. Because you very unwisely started closing before have these things resolve his new wife is your biggest problem. She owes you and your wife nothing. so there isn't really squat all you can legally to to force her to sign. So basically you have a real potential problem that likely could have been avoided if you had consulted an attorney first. You'll just have to keep your fingers crossed and hope she signs.

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  • Can we anull our marriage if the only reason we got married was because we thought the child was mine? Found out I'm not the dad

    We got married because we thought I was the father of our son. After the paternity test we found out who the real father was and it wasn't me. We both agree to the annulment abd were wondering if we qualify under NC state law.

    Amanda’s Answer

    Not in good 'ol boy North Carolina! Even if she lied to you about paternity (who the father is) that still isn't grounds for annulment here. If she had lied to you about being pregnant in order to get you to marry her that would be grounds for annulment but simply being mistaken or lying about who daddy is, is not grounds for annulment. Interesting to note that in virtually every other state the opposite is true - much like our take on trans-gendered people using the bathroom of their choice.

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  • How do I go about getting a divorce when I live in North Carolina and my spouse lives in New York

    I married my spouse in February 2010 and left him in June of 2010. He was in prison from 9/2010 to May 2016. There is no marital property and no children involved in divorce.

    Amanda’s Answer

    There are several North Carolina law firms that can likely handle your divorce for around $395 which often works out to be less than you could do it yourself. So don't get suckered into paying $995 or more for a simple uncontested divorce. While filing in your home county is the most common option,you can actually file in any North Carolina county.

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  • He says the light was green and he says light was green

    My grandson had a wreck and it a he said and said green light my grandson got ticket for red light the other driver for no license only permanent no license driver with him the police officer told my grandson he would check the cam to see if his w...

    Amanda’s Answer

    Trial is always an option but it is usually not worth the cost. We charge $1500 for traffic trials at the District Court level - that's a lot for a Redlight Ticket! As far as the ticket is concerned it really doesn't matter if your grandson was actually at fault or not - if his insurance company pays for the damages, it is very likely an ADA would agree to dismiss the ticket if he can get a letter to that effect. If the insurance company determines he was not at fault and denies the other persons claim - there are other options for handling the ticket.

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  • B-3 zoning in Hamstead, NC 28443

    I need to know what b-3 zoning means tin Hampstead, NC 28443

    Amanda’s Answer

    If you were stopped by Highway Patrol, B-3 likely stands for troop B district 3 which indicates the Trooper is assigned to Onslow County. If B-3 is in the District/Zone box then that is definitely the case. Troopers are suppose to put the B in a separate box labeled Troop but often they just stick the whole thing in the District/Zone box, especially if your ticket is one of the hand filled, old style pink AOC-CR-501 forms and not the newer white computer generated tickets.

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  • Is there a way to avoid the 1 year wait period for divorce in nc

    if both parties do not want to wait 1 year how can we avoid this waiting period

    Amanda’s Answer

    There are lots of highly illegal ways to avoid the one year separation - such as killing your spouse or if you don't mind lying, fraud and perjury - you can simply say that you have been separated for one year on your divorce complaint. Of course. if you are caught, you may end up with a felony conviction or worse - definitely not worth it. One legal way is if you have a few weeks and about $6000 you can go to Guam and get a legal recognized divorce. Otherwise, you have to wait the year. Maybe consider entering into a formal written Separation and Property Settlement Agreement so that when the time comes all you will need is a simple, inexpensive uncontested divorce.

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  • What recourse do I have in regards to alimony fraud?

    My ex-wife got engaged last year and was very careful to ensure she was not caught having overnight visits with her fiancé. They placed an offer on a home in April 2016 and closed on the home together in May 2016. In order to continue collecting...

    Amanda’s Answer

    Your description does not seem to indicate any fraud - just that they were careful not to cohabitate in order to maximize her eligibility to collect alimony. Just a Justice Learned Hand said about structuring your finances to pay the least amount of tax possible - there's nothing wrong or sinister about that. Although I agree with you that it likely sucked quite a bit to shell out $2000 a month. At this point, now that your obligation to pay alimony is over, it may be best to simply let this go and move on with your life $2000 a month richer. Basically, chasing your claim sounds an awful lot to me like throwing good money after bad.

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