What is the process to file contempt for missed weekly calls and refusal to share the child’s address or school? – North Carolina Short Answer In North Carolina, enforcement of a custody or visitation order generally happens through a contempt motion filed in the court that has jurisdiction over the existing custody order. A grandparent…
How do I get back a car that’s titled only in my name if my spouse refuses to return it? – North Carolina Short Answer Under North Carolina law, a vehicle titled only in one spouse’s name is that spouse’s separate property, but possession during separation can still be disputed. The titled owner can first…
What proof will a judge accept to show the correct date when the original certificate is sealed? – North Carolina Short Answer In North Carolina, a judge can accept any reliable evidence that clearly shows the correct date of birth, even when the original birth certificate is sealed because of an adoption. Medical records from…
Where should I file if the birth and adoption were in one county and state, but we now live in another state? – North Carolina Short Answer Under North Carolina law, a court in the state (and usually the county) that has the adoption and vital records typically has authority to order a correction to…
How can we request a continuance for a divorce hearing when the other side just changed the type of divorce right before court? – North Carolina Short Answer In North Carolina, a party can ask the district court to continue (postpone) a divorce hearing by filing or making a motion to continue and showing “good…
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…