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 verified complaint is filed with the Clerk of Superior Court and the other spouse must be properly served with a…
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 changed circumstance since the last order and the requested…
