Can my lawyer appear for me so I don’t have to go to court for a simple divorce? – North Carolina Short Answer In North Carolina, a lawyer may usually handle an uncontested “simple” absolute divorce without the client appearing in court, but it depends on how the judge chooses to hear the case. State…
Where should I file if I live in one county but my spouse lives in another and we were married elsewhere? – North Carolina Short Answer Under North Carolina law, a divorce or other Chapter 50 family case is filed in the North Carolina county where either spouse currently resides, regardless of where the marriage…
Do I need to appear in person to request the scan, or can it be handled remotely? – North Carolina Short Answer Under North Carolina law, a legacy divorce file scan request can usually be handled remotely with the clerk of superior court, as long as the clerk’s office procedures allow requests by phone, email,…
Do I need to appear in person to request the scan, or can it be handled remotely? – North Carolina Short Answer Under North Carolina law, most divorce case files are public court records, and a clerk is allowed to fulfill copy and scanning requests without an in-person visit. Whether a “legacy scan” request can…
Do I need to appear in person to request the scan, or can it be handled remotely? – North Carolina Short Answer Under North Carolina practice, most legacy divorce file scanning requests can be handled remotely through the clerk’s office, without a personal appearance, as long as the clerk’s procedures are followed and any required…
Can I request temporary custody or a parenting schedule if I’m worried about overnight guests around the kids? – North Carolina Short Answer In North Carolina, a parent can ask the district court for a temporary custody order or a more detailed parenting schedule if overnight guests or living arrangements appear to be harming a…
How can I legally regain access to the marital home if my spouse changed the locks after a restraining order was dismissed? – North Carolina Short Answer In North Carolina, if both spouses still have a legal right to the marital home and the domestic violence order has been dismissed, access is resolved in civil…
Is it legal for my spouse to refuse me a key to our shared home, and what court orders can address this? – North Carolina Short Answer Under North Carolina law, a spouse who co-owns or lawfully occupies the marital home generally has a right to be in the residence, and changing the locks to…
What evidence should I gather to seek limits on overnight visitors when the children are present? – North Carolina Short Answer In North Carolina, courts look for clear, specific proof that overnight visitors during a parent’s time with the children affect the children’s welfare. Helpful evidence includes detailed logs of visits, text or email messages,…
How do I start a separation or divorce while protecting my rights to the home and my time with the children? – North Carolina Short Answer In North Carolina, a spouse in this situation typically starts by filing a family court action for child custody (and, if ready, for divorce from bed and board, alimony,…