Archived
Can I bring a malicious prosecution against my spouse that used false D.V. claims to gain advantage on the divorce?
Mark's answer
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Answered on September 08, 2010
Our Firm has brought actions for malicious prosecution and/or abuse of process. Since the allegations were made in a pleading filed against you --...
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Archived
Issued subpoena for financials and for son to appear at hearing. If he is not there or records are not complete, what do I do?
Mark's answer
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Answered on September 08, 2010
First, a subpoena decus tecum ( a subpoena for the production of documents) is not a tool for use in lieu of discovery. To get financials, you are...
Archived
Can a prenup be enforced if there is a buse proven by one party?
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Answered on September 08, 2010
To be a valid prenuptial agreement, it had to be signed before your marriage. If the abuse occurred after the marriage, then the abuse would not...
Archived
I was forced to pay in full a Tax debt from before separation, can I recover my spouse portion through small claims court?
Mark's answer
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Answered on September 08, 2010
One thing I hate about separation agreements is a failure to perform formal discovery.........See why below.
If the tax debt was disclosed and...
Archived
I want separation from wife, however we have two children.
Mark's answer
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Answered on September 08, 2010
If you separate, you should immediately file an action for child custody/visitation and obtain a court order granting you specific rights. After...
Archived
Is an Ex Parte Order legal if it is taken out on a 16 year old?
Mark's answer
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Answered on September 08, 2010
Are you married to the dad? Dad could certainly file an action for an Ex-Parte Emergency Child Custody order on the grounds that mom is in jail...
Archived
Is there forms available to file an uncontested divorce online?
Mark's answer
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Answered on September 08, 2010
We offer a free DIY Divorce Kit but it does not address child custody, child support, property division or spousal support. If you get divorced...
Archived
Is it easier to terminate a father's rights when he has left the country with no address? Or to use his last known address?
Mark's answer
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Answered on September 08, 2010
I think it is very difficult to do a private TPR. You should hire an attorney.
You must make every attempt to find him and serve him. You will...
Archived
How favorable is it for a judge to allow moving kids out of state, NC?
Mark's answer
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Answered on September 08, 2010
If there is no court order preventing you from moving and no current custody order in place, you might not need permission. You could just...
Archived
Can u explain the part about haven to live n nc for 6 months to file for divorce.
Mark's answer
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Answered on September 08, 2010
Either the husband or the wife (but not both) need to live in NC for at least six months before one files for divorce so that the court has...
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