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Both spouses can only remove the other from the marital home with a court order. So, if there is no court order in place, they both have the equal right to remain in the house throughout the separation period.

Some quick ways to prove physical separation include gathering and producing the following types of documentation: (1) rental agreement, lease, or mortgage for a separate residence in the vacating spouses name alone; (2) utility bills for the vacating spouses' new residence in his or her name alone; and (3) the ...

Generally speaking, it is whoever is legally liable. Most likely, that is both spouses. That means both spouses are responsible for making those payments. However, during the divorce process, the Judge will ultimately decide who is responsible.

Is marital property always divided 50/50? Not always. North Carolina law presumes that an equal (50/50) division of marital property is “equitable,” or fair. However, the law provides for many factors that allow for an unequal distribution of property, in situations where an equal division would not be fair.

The First 5 Things To Do When Separating Step 1: Select a Divorce Attorney. Step 2: Determine Grounds For Divorce. Step 3: Understand State Laws. Step 4: Financial Assessment. Step 5: Nurture Your Well-Being.

Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion “filed,” place the original in the Court file and return two (2) copies of the “filed” document to you.

After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right ...

General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to ...

What it means to file a motion: A motion, in its simplest form is a list of requests that you are asking the Court grant on your behalf. You, or your attorney on your behalf, will file a Notice of Motion which includes a list of requests for the court to rule upon.