How can I change or protect a 50-50 custody order if frequent arguments are disrupting exchanges and decisions? – North Carolina Short Answer In North Carolina, a 50-50 custody order stays in place unless a court changes it, and a court generally will not change it without a substantial change in circumstances that affects the…
How is a buyout amount calculated if I want to keep the house, and can the court consider that I’ve been paying the bills and improvements? – North Carolina Short Answer In North Carolina equitable distribution, a “buyout” for a house usually starts with the home’s net equity (fair market value minus mortgages/valid liens and…
Can a separation agreement include a deal where one parent agrees not to file for child support, and is that enforceable? – North Carolina Short Answer In North Carolina, parents can put child-support terms in a separation agreement, but they generally cannot permanently bargain away a minor child’s right to support by promising “not to…
How do I obtain my marriage certificate for a legal proceeding? – North Carolina Short Answer In North Carolina, a marriage certificate is kept by the county Register of Deeds (where the license was issued) and is also reported to the State Registrar. For most legal proceedings, the safest approach is to request a certified…
Does it matter whether I file in the county where I live or where my spouse lives? – North Carolina Short Answer In North Carolina, an absolute divorce case is generally filed in the county where either spouse resides. In an uncontested divorce, that usually means filing in either county works as long as North…
If my spouse previously gifted me part of the house before we married, does getting married change who owns what? – North Carolina Short Answer In North Carolina, getting married does not automatically change the ownership shares created by a deed that transferred part of a house before the marriage. A premarital transfer is usually…
How do I stop my spouse from forcing the sale of our jointly owned house? – North Carolina Short Answer In North Carolina, a spouse generally cannot “force” a sale of the marital home just because they want out, especially when an equitable distribution case is pending and the home is part of the marital…
What does the court require to show my spouse owned the vehicle? – North Carolina Short Answer In North Carolina, courts commonly accept a vehicle document that shows the registered owner’s name and identifies the vehicle (VIN), such as a copy of the certificate of title, a DMV record, or a registration card showing the…
How do we quickly retain an attorney and provide the case details so they can review everything before the hearing? – North Carolina Short Answer In North Carolina family court, the fastest way to retain an attorney before a hearing is to call immediately, confirm whether the lawyer can appear, and sign the engagement agreement…
How is child support calculated when the other parent’s income is unclear or changes a lot? – North Carolina Short Answer In North Carolina, child support is usually calculated using the statewide Child Support Guidelines, which start with each parent’s current gross income (or the best evidence of it). When a parent’s income is unclear…
