How do I get the originating court to confirm and transmit the transfer so a judge where the child lives can hear the case? – North Carolina Short Answer In North Carolina, a custody case file does not “move” automatically just because the child moved. When another state (or county) needs the record to decide…
What information can I give my lawyer to help locate someone for service if I don’t know their current address? – North Carolina Short Answer In North Carolina, the best way to help a lawyer serve someone whose current address is unknown is to provide a detailed “trail” of identifying information and recent leads. Courts…
How do I file for child custody and child support when there is no court order yet? – North Carolina Short Answer In North Carolina, a parent can start a child custody and child support case by filing a civil action in District Court (or by raising the issue inside an existing Chapter 50 case,…
Can suspected infidelity and payment records support alimony or an alienation of affection claim, and what evidence is helpful? – North Carolina Short Answer Yes—under North Carolina law, suspected infidelity and related payment records can support an alimony case and may also help support an alienation of affection claim, but they usually are not enough…
Can my spouse accept service or waive the standard response period to speed up the divorce, and what does that process look like? – North Carolina Short Answer In North Carolina, a spouse can accept service of the divorce papers instead of being served by the sheriff or certified mail, and that often speeds up…
How can I start a divorce and request alimony and post-separation support when my spouse refuses to work and I have health issues? – North Carolina Short Answer In North Carolina, starting the divorce process usually means filing a court action in District Court (often for post-separation support/alimony first) and then filing for absolute divorce…
What should I expect to pay for a divorce, and do you offer payment plans? – North Carolina Short Answer In North Carolina, the total cost of a divorce usually has two parts: (1) court filing and service costs paid to the Clerk of Superior Court, and (2) attorney fees based on how much work…
What happens if I can’t find the other party to get them served? – North Carolina Short Answer In North Carolina, a family law case generally cannot move forward until the other party is properly served with the summons and complaint (or accepts service). If the other party cannot be found after a documented, diligent…
If we live in different counties and we were married in a different county, where should I file an uncontested divorce? – North Carolina Short Answer In North Carolina, an uncontested divorce can usually be filed in the county where either spouse currently resides, not necessarily the county where the marriage took place. The case…
How long does it usually take to serve someone who doesn’t have a stable address? – North Carolina Short Answer In North Carolina family law cases, there is no single “usual” timeline when the other party does not have a stable address, because timing depends on whether personal service succeeds or whether the case must…
