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…
How do I fill out a state action cover sheet that came with an affidavit of marriage? – North Carolina Short Answer In North Carolina, a “state action cover sheet” is usually a court filing cover page used when starting (or sometimes adding to) a case in the Clerk of Superior Court’s office. An affidavit…
What proof of cheating is helpful for support or fault issues, and do texts, call logs, and social media messages count? – North Carolina Short Answer In North Carolina, “cheating” can matter most in spousal support cases (postseparation support and alimony) and in certain fault-based claims, because the law treats adultery (called “illicit sexual behavior”…
What should I expect at a hearing about interim distribution, especially when my spouse is asking for personal property from inside the home? – North Carolina Short Answer In North Carolina, an interim distribution hearing is a short, pretrial hearing in an equitable distribution case where the judge can temporarily divide some marital or divisible…
What happens if I submit the cover sheet with wrong or incomplete answers? – North Carolina Short Answer In North Carolina, wrong or incomplete answers on a court “cover sheet” (often called a Civil Action Cover Sheet) can delay the case because the Clerk of Superior Court may reject the filing, require corrections, or accept…
How are property and debts typically divided in a divorce? – North Carolina Short Answer In North Carolina, property and debts are divided through a process called equitable distribution. The court starts with a presumption that an equal (50/50) division of marital and divisible property and debt is fair, but it can order an unequal…
