How can I file an uncontested divorce when we’ve already agreed on custody, finances, and property but don’t have a written separation agreement? – NC

How can I file an uncontested divorce when we’ve already agreed on custody, finances, and property but don’t have a written separation agreement? – North Carolina Short Answer In North Carolina, an uncontested “absolute divorce” is based on one year of separation and residency, not on having a written separation agreement. A complaint for absolute…

How can I enforce my custody order after the other parent moved and the new court can’t find the transferred case? – NC

How can I enforce my custody order after the other parent moved and the new court can’t find the transferred case? – North Carolina Short Answer Under North Carolina law, when a child custody order from another jurisdiction needs enforcement here and the “transferred” case file cannot be located, the usual path is to treat…

What happens at a child support review when we share equal custody and my income has changed? – NC

What happens at a child support review when we share equal custody and my income has changed? – North Carolina Short Answer At a North Carolina child support review with 50/50 physical custody, the court or child support hearing officer recalculates support under the state Child Support Guidelines using both parents’ current incomes and the…

How do I document conflicts and communicate safely if the other parent hints at taking me to court? – NC

How do I document conflicts and communicate safely if the other parent hints at taking me to court? – North Carolina Short Answer Under North Carolina family law, careful documentation and calm, business-like communication are critical when a co-parent talks about going back to court. Parents should keep clear, date-stamped records of exchanges, follow the…

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? – NC

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? – NC

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? – NC

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…