How can I move out and start the separation without it being treated as abandonment, and what notice should I give? – North Carolina Short Answer In North Carolina, moving out to start a separation is usually allowed and does not automatically count as “abandonment.” The main risk comes up if the move-out looks like…
Do I need to sign and notarize the cover worksheet too, or only the affidavit of marriage? – North Carolina Short Answer In North Carolina, the notarization requirement usually applies to the affidavit of marriage (the sworn statement), not to a cover worksheet. A cover worksheet is typically an administrative filing sheet used to route…
What happens if I cannot find a local attorney who accepts my legal plan? – North Carolina Short Answer In North Carolina, if no local family law attorney accepts a workplace legal plan, the case does not pause. The practical result is usually one of three paths: (1) hire a lawyer outside the plan and…
What can I do if the other parent is not paying the child support that was ordered? – North Carolina Short Answer In North Carolina, when a parent does not pay court-ordered child support, the usual next step is to ask the court (or the child support enforcement agency in a IV-D case) to enforce…
Can I move money from our joint bank account after separation to protect it, and what happens if my spouse empties it? – North Carolina Short Answer In North Carolina, a joint bank account usually allows either named owner to withdraw funds unless the account agreement requires two signatures. That means moving money out may…
If my spouse dies while the case is pending, what happens to the house and any money or property being disputed? – North Carolina Short Answer In North Carolina, what happens depends on what type of case is pending and how the property is titled. A divorce case (marital status) generally ends at death, but…
Can an adult child who is not a party to the divorce get copies of the file for related litigation? – North Carolina Short Answer Often, yes—at least for the parts of a North Carolina divorce court file that are not sealed or made confidential by statute or court order. In North Carolina, the clerk…
Can a lawyer from another county represent me in my custody case, and will distance affect my costs or the case? – North Carolina Short Answer Yes. In North Carolina, a lawyer licensed in North Carolina can generally represent a parent in a child custody case in any county, as long as the case is…
Can a court access or unseal adoption or vital records just to fix the birth date on the amended record? – North Carolina Short Answer In North Carolina, adoption records and the original birth certificate are generally sealed, and they are not opened “just to fix” an error unless a statute allows it. If the…
What should I watch out for in a separation agreement about selling the marital home and splitting the proceeds? – North Carolina Short Answer In North Carolina, a separation agreement can set the rules for selling a jointly owned marital home and dividing the net proceeds, but the agreement needs clear, practical terms for the…