Can I get back into the home if my spouse has kicked me out during the divorce? – North Carolina Short Answer Sometimes, but not by “self-help.” In North Carolina, a spouse usually cannot legally lock the other spouse out of the marital home unless a court order gives one spouse exclusive possession (most commonly…
Do I need to file a partition action to force the sale if my spouse isn’t on the title but refuses to agree to sell? – North Carolina Short Answer Usually, no. In North Carolina, a partition action is generally a tool for co-owners (like tenants in common or joint owners) to force a division…
How does equitable distribution work when one spouse has been controlling the house and property during the case? – North Carolina Short Answer In North Carolina, equitable distribution usually starts from the presumption of a 50/50 division of marital and divisible property, but the court can adjust the outcome if one spouse controlled the house…
How does a refinance during the marriage affect whether a premarital home becomes marital property for divorce purposes? – North Carolina Short Answer In North Carolina, a home owned before marriage usually stays separate property in divorce, even if it is refinanced during the marriage. A spouse signing refinance paperwork (including a deed of trust)…
What happens if a protective order or related court order is changed or replaced while the divorce is still pending? – North Carolina Short Answer In North Carolina, when a protective order (such as a Chapter 50B domestic violence protective order) or a related court order is modified, renewed, or replaced during a pending divorce,…
Can I sell my house without my spouse signing if the deed is only in my name but my spouse signed refinance paperwork tied to the loan? – North Carolina Short Answer Usually not. In North Carolina, even if the deed is only in one spouse’s name, most buyers and closing attorneys will require the…
If I sell the house now, can my spouse later claim a share of the value during a divorce? – North Carolina Short Answer In North Carolina, selling a house does not automatically prevent a spouse from claiming an interest in the value during divorce. If the home was bought before the marriage and stayed…
Can I ask for custody or visitation at the same time I’m dealing with child support? – North Carolina Short Answer Yes. In North Carolina, custody/visitation and child support can be handled at the same time, and they are often filed in the same District Court case. The court can address one issue without waiting…
What issues in a military family divorce can make a case more complicated than a typical divorce? – North Carolina Short Answer In North Carolina, a military family divorce can become more complicated when military service affects (1) where the case can be filed and heard, (2) how quickly the case can move forward, and…
How do I serve custody modification papers if I don’t know the other parent’s address and they won’t accept service? – North Carolina Short Answer In North Carolina, a custody modification request usually must be served using the formal methods in Rule 4 (typically sheriff service or certified mail) before the court can act. If…
Can a contested divorce move forward if the military spouse is deployed or stationed away from home? – North Carolina Short Answer Yes—under North Carolina law, a contested divorce case can often be filed and can continue even if a military spouse is deployed or stationed away from home. However, military service can slow the…
How do I file to change child support when I think the current amount is wrong? – North Carolina Short Answer In North Carolina, a child support amount set by a court order usually can be changed only by filing a motion in the existing case (often called a “motion in the cause”) and proving…
What can I do if the other parent took our child out of state without my agreement and now won’t tell me where the child is? – North Carolina Short Answer In North Carolina, the fastest legal options usually involve asking the court to enforce the existing custody order and, when safety or flight risk…
How can I enforce my custody order if the other parent won’t show up for visits or allow the court-ordered phone calls? – North Carolina Short Answer In North Carolina, a custody order (including visitation and court-ordered phone or electronic contact) can be enforced through the district court using contempt and, in some cases, injunctive…
How do I start a contested divorce when one spouse is in the military? – North Carolina Short Answer In North Carolina, a contested divorce starts the same basic way as any other divorce: a complaint is filed with the Clerk of Superior Court and the other spouse must be properly served with a summons…
Can I ask the court to change custody or parenting time because the other parent keeps withholding the child and missing scheduled visits? – North Carolina Short Answer Yes. In North Carolina, a court can change (modify) custody or parenting time if there has been a substantial change in circumstances affecting the child since the…
How is child custody and parenting time handled when a parent has military duties or deployments? – North Carolina Short Answer In North Carolina, a parent’s military duties or deployment usually leads to a temporary custody/parenting-time plan for the deployment period, not a permanent change. The deploying parent must generally give prompt written notice and…
How are military retirement benefits and other service-related benefits handled in a divorce? – North Carolina Short Answer In North Carolina, the marital portion of a servicemember’s military retired pay is generally treated like other retirement benefits for equitable distribution and can be divided in a divorce-related property case. The key question is what portion…
What do I need to prove to get custody rights if I’m not currently the custodial parent? – North Carolina Short Answer In North Carolina, a parent who is not currently the custodial parent can seek custody (or more parenting time) by filing in District Court and showing that the requested arrangement is in the…
How is child support calculated when parenting time is shared? – North Carolina Short Answer In North Carolina, when both parents have the child at least 123 overnights per year, child support is usually calculated under the North Carolina Child Support Guidelines using the shared custody method (often called “Worksheet B”). The calculation starts with…
What happens if the other parent is not paying court-ordered child support? – North Carolina Short Answer In North Carolina, missed court-ordered child support can be enforced through the court and, in many cases, through the child support enforcement agency. Common outcomes include an order to show cause, income withholding from wages, and contempt proceedings…
Can child support be enforced if the other parent is self-employed or paid in cash? – North Carolina Short Answer Yes. In North Carolina, child support can still be enforced even when the paying parent is self-employed or claims to be paid in cash. If regular wage withholding is not practical, the court and Child…
Can I ask the court to change my child support amount if my income or the other parent’s income has changed? – North Carolina Short Answer Yes. In North Carolina, a child support order can be changed, but only by filing a motion with the court and proving a substantial change in circumstances since the…
How can I document and prove the child support payments I didn’t receive? – North Carolina Short Answer In North Carolina, the cleanest way to prove missed child support is to match the court order’s due dates and amounts against an official payment history from the Clerk of Superior Court and/or the State Child Support…
