What happens to issues like property division, custody, or support if the case shifts from an absolute to a regular divorce? – North Carolina Short Answer Under North Carolina law, moving from a fault-based “regular” divorce from bed and board to a no‑fault absolute divorce does not automatically wipe out custody or support issues, but…
Does our ongoing bankruptcy affect dividing the car, personal property, or marital debts during the divorce? – North Carolina Short Answer Yes. In North Carolina, once a joint bankruptcy is filed, most division of marital property and marital debts (equitable distribution) is automatically frozen until the federal bankruptcy court allows it to move forward. The…
What documents do we need to turn our text‑message agreement into a signed, notarized court order? – North Carolina Short Answer In North Carolina, a text-message agreement about changing child custody does not become enforceable until a judge signs a new custody order. To turn the agreement into a signed, notarized consent order, the parties…
What are the typical timelines and steps for an uncontested versus contested divorce? – North Carolina Short Answer Under North Carolina law, both uncontested and contested absolute divorces require at least a one-year separation and six months of residency before filing. An uncontested divorce, where the only claim is the divorce itself and the other…
How can I file a contempt of court motion in a pending family law case, and what supporting proof should I include? – North Carolina Short Answer In a North Carolina family law case, civil contempt is usually started by filing a written, sworn motion in the existing district court case, then having the other…
Do I need to be separated for a certain time before filing for divorce? – North Carolina Short Answer Under North Carolina law, most spouses must live in separate residences for at least one full year, with at least one spouse intending the separation to be permanent, before filing for an absolute divorce. One spouse…
How can I hire a lawyer for an existing child custody case when I am listed as the defendant? – North Carolina Short Answer Under North Carolina law, a parent in an existing child custody case can retain an attorney at any stage of the case, whether listed as plaintiff or defendant. The key steps…
What should I do if some documents are restricted or redacted but I need certified copies? – North Carolina Short Answer In North Carolina, when a family law file contains sealed, confidential, or redacted material, the clerk can usually issue certified copies only of the portions that are legally open or that a court has…
Can the clerk change older divorce filings to public so I can download them, and how long does that take? – North Carolina Short Answer In North Carolina, most divorce case files kept by the clerk of superior court are public records unless a specific law or court order makes parts of them confidential or…
Who is allowed to access divorce files online, and what identification is required? – North Carolina Short Answer In North Carolina, most divorce case files kept by the clerk of superior court are public records, so any member of the public may view non‑sealed divorce documents in person or online if that county’s eCourts system…
