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  • PRACTICE AREAS
    • ESTATE PLANNING
    • PROBATE ADMINISTRATION
    • PROBATE FOR WRONGFUL DEATH
    • PARTITION ACTIONS
    • SURPLUS FUNDS
    • ELDER LAW
  • ABOUT US
    • HOW TO GET STARTED
    • HOW MUCH DOES AN ESTATE PLAN COST?
  • OUR TEAM
  • CONTACT US

Category Archives: Family Law Q&A Series

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  2. Category "Family Law Q&A Series"

Do I need to be separated for a certain time before filing for divorce? – NC

Family Law Q&A SeriesBy jpierceDecember 8, 2025

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? – NC

Family Law Q&A SeriesBy jpierceDecember 8, 2025

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? – NC

Family Law Q&A SeriesBy jpierceDecember 3, 2025

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? – NC

Family Law Q&A SeriesBy jpierceDecember 3, 2025

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? – NC

Family Law Q&A SeriesBy jpierceDecember 3, 2025

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…

With only a case number, what’s the best way to find all divorce records for that case online? – NC

Family Law Q&A SeriesBy jpierceDecember 3, 2025

With only a case number, what’s the best way to find all divorce records for that case online? – North Carolina Short Answer In North Carolina, a case number usually allows access to the public index for a divorce case through the state’s online court systems, but it does not always provide every document filed…

How can I view the full legacy scan of my divorce case when the portal shows it uploaded but the documents don’t appear? – NC

Family Law Q&A SeriesBy jpierceDecember 3, 2025

How can I view the full legacy scan of my divorce case when the portal shows it uploaded but the documents don’t appear? – North Carolina Short Answer In North Carolina, when a court portal shows a “legacy scan” for a divorce file but no images display, the full case record usually exists only in…

How do I regain access to my case documents and court filings if I’ve been locked out or can’t see them online? – NC

Family Law Q&A SeriesBy jpierceDecember 3, 2025

How do I regain access to my case documents and court filings if I’ve been locked out or can’t see them online? – North Carolina Short Answer In a North Carolina family case, a party normally has the right to review the court file through the clerk of superior court, even if online access is…

How can I replace my attorney in the middle of a custody or parenting case and make sure my new lawyer gets my full file? – NC

Family Law Q&A SeriesBy jpierceDecember 3, 2025

How can I replace my attorney in the middle of a custody or parenting case and make sure my new lawyer gets my full file? – North Carolina Short Answer In North Carolina, a parent in a custody or parenting case may change attorneys at almost any point, but the court must formally allow the…

What can I do if my former attorney had a conflict of interest and may have hurt my case? – NC

Family Law Q&A SeriesBy jpierceDecember 3, 2025

What can I do if my former attorney had a conflict of interest and may have hurt my case? – North Carolina Short Answer In North Carolina, concerns about a former family law attorney’s conflict of interest usually involve three tracks: (1) protecting the ongoing custody or family court case, (2) getting full access to…

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