Category: Family Law
Answer: Divorce involves many separate issues: child custody, child support, spousal support and/or alimony, and property distribution – also known as equitable distribution. It’s possible that emergency hearings and temporary restraining orders might be needed as well. Every divorce is different. Your divorce might not involve as much as another person’s….
Answer: Most often, it’s best not to involve the minor children in a custody action between you and the other parent. The children need to feel secure and loved by both parents in most cases, and should never be put in a position where they are asked to choose one…
Answer: Without a custody order or notarized agreement, both parents have equal right to custody of their child. The courts don’t want the child pulled back and forth like the flag in a tug-of-war and that can sometimes happen if both parents are not acting in a reasonable way with regards…
Answer: If you and the other parent of your child cannot agree on custody, then an experienced family law attorney can help you file a child custody action in court. The North Carolina court requires that most custody parties attend an orientation class and mediation session prior to a court…
Answer: Yes. If you and the other parent can agree about visitation and child custody, a hearing may not be required. An experienced family law attorney can help you draft a Custody Consent Order that contains all the required provisions and has sufficient details to avoid future misunderstandings between you and…
Answer: You can purchase a Do-it-yourself Absolute Divorce kit from the North Carolina Clerk of Court for your divorce. The Clerks cannot help you fill it in or guide you. Although the process is not complicated, if you haven’t done it before, it can be confusing. If you miss a…
Answer: No. As soon as you are separated, you can file an action for Equitable Distribution, alimony and/or post-separation support. You can also resolve your property and support issues without court in a separation agreement. By the time the year of separation has passed, you and your spouse can have…
Answer: North Carolina defines the resumption of a marriage as a renewal of the husband and wife relationship, based on all of the circumstances. Small, isolated incidents of sexual intimacy between you and your spouse will not restart the date of separation. It isn’t uncommon for spouses to try to…
Answer: You may be able to claim for a special legal separation called Divorce from Bed and Board and/or alimony based on wrongdoing by your spouse. A Divorce from Bed and Board is not a divorce. In order to be divorced, you and your spouse must have lived separate with…
Answer: No. You don’t both have to want to divorce. Your spouse does not have to agree. As long as one of you has the intention of separating and you are living separate and apart, that is sufficient to begin the year of separation. After you’ve been separated for one…
