Can we use a separation agreement to sell the house with little or no equity, and how do I make sure the sale actually happens if the other person stalls? – North Carolina Short Answer In North Carolina, a properly drafted, signed, and notarized separation agreement can absolutely require both spouses to list and sell…
Will changing the birth date affect the adoption decree or other records like school and medical files? – North Carolina Short Answer Under North Carolina law, correcting an adopted child’s birth date on the birth record is handled through vital records and, when needed, a court order. A proper correction normally does not undo or…
Can my sibling appear without a lawyer at the hearing if counsel is unavailable, and what should they bring or say? – North Carolina Short Answer In North Carolina family law cases, a party may appear without a lawyer (called appearing “pro se”) if counsel is unavailable; the court will still hold the hearing unless…
How can I request a full scan of an older divorce file so I can access it online? – North Carolina Short Answer In North Carolina, an older paper divorce file is requested and managed through the clerk of superior court in the county where the divorce was filed. The clerk decides how and when…
Do I have to go to court if I hire an attorney, or can my lawyer appear for me while I’m out of state? – North Carolina Short Answer In many uncontested North Carolina divorce cases, a client does not have to appear in court if the case is set up correctly. For an absolute…
What documents and notarizations do I need to get started if most of our terms are only verbal? – North Carolina Short Answer For an uncontested absolute divorce in North Carolina, the key required document is a properly verified (notarized) divorce complaint, plus a civil summons and basic supporting forms. A written, notarized separation agreement…
What is the process to file contempt for missed weekly calls and refusal to share the child’s address or school? – North Carolina Short Answer In North Carolina, enforcement of a custody or visitation order generally happens through a contempt motion filed in the court that has jurisdiction over the existing custody order. A grandparent…
How do I get back a car that’s titled only in my name if my spouse refuses to return it? – North Carolina Short Answer Under North Carolina law, a vehicle titled only in one spouse’s name is that spouse’s separate property, but possession during separation can still be disputed. The titled owner can first…
What proof will a judge accept to show the correct date when the original certificate is sealed? – North Carolina Short Answer In North Carolina, a judge can accept any reliable evidence that clearly shows the correct date of birth, even when the original birth certificate is sealed because of an adoption. Medical records from…
Where should I file if the birth and adoption were in one county and state, but we now live in another state? – North Carolina Short Answer Under North Carolina law, a court in the state (and usually the county) that has the adoption and vital records typically has authority to order a correction to…