What happens if the other parent refuses to agree to a 50-50 custody schedule? – North Carolina Short Answer In North Carolina, one parent does not have to “agree” to a 50-50 schedule for it to be possible. If the parents cannot agree, the dispute usually moves into a custody case where the court can…
Do I need to go back to court to change a parenting plan we already filed, or can we modify it by agreement? – North Carolina Short Answer In North Carolina, parents can agree to change a parenting plan, but if the plan is part of a court order (including a consent order), the safest…
Do I need to file a new custody case to change our parenting schedule if we can’t agree? – North Carolina Short Answer In North Carolina, if there is no existing custody court order (only a private parenting plan that was not entered by a judge), a parent typically must file a new child custody…
What is the divorce process like from filing through final orders? – North Carolina Short Answer In North Carolina, the divorce process usually starts with filing a verified complaint for absolute divorce in District Court, serving the other spouse, and then proving the legal requirements for divorce (most commonly, one year of living separate and…
If my spouse and I agree on the main issues, can we do an uncontested divorce? – North Carolina Short Answer Yes. In North Carolina, an “uncontested” divorce usually means an absolute divorce based on one-year separation where the other spouse does not fight the divorce and the paperwork is handled without a trial. Even…
How can I get a court order for 50-50 custody of my child? – North Carolina Short Answer In North Carolina, there is no automatic right to a 50-50 custody schedule. A court can order equal parenting time if it finds that arrangement best promotes the child’s best interests and welfare. The usual path is…
Can I ask the court for temporary orders to require my spouse to help with household bills while the divorce is pending? – North Carolina Short Answer Yes. In North Carolina, a spouse can ask the District Court for temporary spousal support (called postseparation support) to help cover reasonable living expenses, which can include household…
How can I protect the marital home and avoid foreclosure if my spouse refuses to contribute? – North Carolina Short Answer In North Carolina, protecting the marital home usually means (1) keeping the mortgage current to stop foreclosure while (2) quickly filing the right court claims so a judge can allocate responsibility and preserve the…
What can I do if my spouse abandoned the marriage and won’t communicate except for occasional calls? – North Carolina Short Answer In North Carolina, a spouse’s lack of communication does not prevent moving forward with a divorce, but it can affect how the case must be served and what claims should be filed before…
What happens if my spouse stops paying the mortgage during the divorce process? – North Carolina Short Answer In North Carolina, if a spouse stops paying the mortgage during separation and divorce, the lender can still treat the loan as unpaid and pursue late fees, default, and foreclosure based on the note and deed of…
