Category Archives: Family Law Q&A Series

If my minor sibling is being yelled at and occasionally slapped, what legal options do I have to help without calling child protective services? nc

If my minor sibling is being yelled at and occasionally slapped, what legal options do I have to help without calling child protective services? – North Carolina Short Answer In North Carolina, an adult sibling can sometimes help through court-based options like a domestic violence protective order (50B) that includes temporary child custody terms, or…

Can I still claim rights to the marital home or other property even though I left? nc

Can I still claim rights to the marital home or other property even though I left? – North Carolina Short Answer Yes. In North Carolina, moving out of the marital home usually does not waive rights to the home or other marital property. Property rights are handled through equitable distribution, which focuses on when and…

If the spouse is treated as a legal spouse, what rights could they still have even if the will leaves everything to me? nc

If the spouse is treated as a legal spouse, what rights could they still have even if the will leaves everything to me? – North Carolina Short Answer In North Carolina, a surviving spouse can still have powerful rights even when a will leaves everything to someone else. The most common are the right to…

If I try to get my minor sibling removed from the home, what are the chances they end up in foster care instead of being placed with family? nc

If I try to get my minor sibling removed from the home, what are the chances they end up in foster care instead of being placed with family? – North Carolina Short Answer In North Carolina, when a court removes a child from a home in a child-protection case, the court must first consider placing…

Will separation change child support or spousal support obligations? nc

Will separation change child support or spousal support obligations? – North Carolina Short Answer In North Carolina, separation does not automatically change child support or spousal support. Support usually changes only when (1) a court enters an order, (2) the parties sign a separation agreement that sets support, or (3) an existing court order is…

What should I do to protect myself financially if I relied on my spouse for money during the marriage? nc

What should I do to protect myself financially if I relied on my spouse for money during the marriage? – North Carolina Short Answer In North Carolina, the biggest financial risk for a spouse who relied on the other spouse’s income is waiting too long to assert support and property claims. Before an absolute divorce…

Do I need to file anything in court for separation, or can it be handled by agreement? NC

Do I need to file anything in court for separation, or can it be handled by agreement? – North Carolina Short Answer In North Carolina, spouses usually do not have to file anything in court just to be “separated.” Separation typically happens when spouses begin living separate and apart with the intent to end the…

Can I get custody of my minor sibling if both parents are still alive but neither home feels safe or stable? nc

Can I get custody of my minor sibling if both parents are still alive but neither home feels safe or stable? – North Carolina Short Answer Possibly, but it is not automatic in North Carolina. When a non-parent (including an adult sibling) asks a court for custody over a living parent, the court generally must…

Can a parenting agreement let my minor sibling live with me without going to court, and will the school accept it? nc

Can a parenting agreement let my minor sibling live with me without going to court, and will the school accept it? – North Carolina Short Answer In North Carolina, parents can sometimes sign written documents that allow a minor to live with an adult relative and let that adult make certain decisions, but a private…

What happens to a house titled in both spouses’ names if the marriage turns out not to be legally valid? nc

What happens to a house titled in both spouses’ names if the marriage turns out not to be legally valid? – North Carolina Short Answer In North Carolina, if the “marriage” was not legally valid, the deed still controls who owns the house—but the type of co-ownership may change. A deed that would normally create…