Can I change or correct an affidavit of marriage after it has been notarized? – North Carolina Short Answer Usually, no. In North Carolina, once an affidavit has been signed and notarized, it should not be altered because changes can call the affidavit and the notarization into question. If a correction is needed, the safer…
How do I start the divorce process and what paperwork do I need? – North Carolina Short Answer In North Carolina, most people start the divorce process by filing a verified Divorce Complaint (typically for “absolute divorce”) in the Clerk of Superior Court in the county where either spouse lives, then having the other spouse…
Do I have to go to court in person, or can the divorce be handled remotely? – North Carolina Short Answer In North Carolina, many uncontested divorces can be finalized without an in-person court appearance, because the court can decide the required facts based on sworn paperwork (such as affidavits) or a short, non-evidentiary hearing.…
What happens after I file a contempt motion in family court, and how soon could a hearing be set? – North Carolina Short Answer In North Carolina family court, once a party files a motion for contempt, the case will be set for a hearing before a district court judge, either through a notice of…
Do I need to have contempt filings notarized, and where can I get them notarized if the court requires it? – North Carolina Short Answer In North Carolina family law cases, many contempt motions must be verified, which means the person filing signs under oath before a notary or other authorized officer. Whether notarization is…
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? – 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? – 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? – 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? – North Carolina Short Answer In North Carolina, a properly drafted, signed, and notarized separation agreement can absolutely require both spouses to list and sell…
