How do I prove a current marriage is invalid if my parent’s spouse never divorced a prior spouse? – North Carolina Short Answer In North Carolina, a marriage is void if either person had a living spouse at the time of the wedding (bigamy). But North Carolina courts strongly presume a later (second) marriage is…
How does separation affect child custody and parenting time if we have children? – North Carolina Short Answer In North Carolina, separation does not automatically change child custody or parenting time. Until a court enters a custody order (or the parents sign a custody agreement or consent order), both parents generally keep their parental rights,…
What is emergency custody, and what kind of situation qualifies as an emergency if there are no visible injuries? – North Carolina Short Answer In North Carolina, “emergency custody” usually means a judge enters a temporary custody order quickly—sometimes without giving the other parent advance notice—because waiting for a normal hearing could put a child…
What happens to the proceeds from the house sale if the divorce is still pending? – North Carolina Short Answer In North Carolina, selling the marital home before the divorce is final usually does not mean either spouse automatically gets to keep the money. In most cases, the net proceeds are treated as part of…
How can I force the sale of our home while we are separated but not divorced yet? – North Carolina Short Answer In North Carolina, a spouse who co-owns the home can often force a sale before the divorce is final by filing either (1) an equitable distribution case in District Court and asking the…
How does it affect the divorce if my spouse moves out of state during the separation? – North Carolina Short Answer In North Carolina, a spouse moving out of state during separation usually does not stop an absolute divorce, as long as the spouses have lived separate and apart for one year and at least…
Can a lawyer take my uncontested divorce if I live in a county outside their service area? – North Carolina Short Answer Yes—an attorney licensed in North Carolina can generally handle an uncontested divorce filed in a different North Carolina county. The bigger issue is practical, not legal: some firms choose to limit the counties…
Do I have to wait until the divorce is final before I can ask the court to order the home sold? – North Carolina Short Answer No. In North Carolina, a spouse can often ask a court to address a sale of a co-owned home before the divorce is final, but the best route depends…
Where do I have to file an uncontested divorce if my spouse and I live in different counties? – North Carolina Short Answer In North Carolina, an uncontested divorce (absolute divorce) is generally filed in the county where either spouse resides. That means if spouses live in different counties, the case can usually be filed…
Can I file something to make my spouse sell the house if they refuse to agree? – North Carolina Short Answer Yes. In North Carolina, a co-owner can usually file a court action that asks for the home to be sold and the proceeds divided, even if the other co-owner refuses to sign a listing…
What happens if we start with a simple divorce but later disagree about property or support? – North Carolina Short Answer In North Carolina, an “absolute divorce” case can start out simple and later become contested if a spouse files claims for equitable distribution (property/debt division) or spousal support (postseparation support or alimony). The biggest…
How long does a simple divorce usually take from filing to final order? – North Carolina Short Answer In North Carolina, a “simple” (uncontested) absolute divorce often takes about 45–90 days after filing to reach a signed final judgment, assuming the spouse is served promptly and nothing is contested. The biggest built-in timing issue is…
Can a lawyer prepare the divorce paperwork for us without going to court? – North Carolina Short Answer Yes. In North Carolina, a lawyer can prepare (and file) the paperwork for an uncontested absolute divorce, and in many counties the divorce can be finalized without either spouse making an in-person court appearance. Even so, the…
How do I get a simple divorce if my spouse and I agree on everything? – North Carolina Short Answer In North Carolina, a “simple” (uncontested) divorce is usually an absolute divorce based on living separate and apart for at least one year, with at least one spouse having lived in North Carolina for at…
What documents do we need to file for an uncontested divorce? – North Carolina Short Answer In North Carolina, an uncontested “simple” divorce (absolute divorce) usually starts with a verified Complaint for Absolute Divorce and a Civil Summons filed with the Clerk of Superior Court, followed by proper service on the other spouse. After the…
If a law firm won’t take my case because of location, what should I look for when finding another divorce attorney? – North Carolina Short Answer In North Carolina, many divorce-related issues must be filed and handled in the county where at least one spouse resides, and local court practice can affect timing and outcomes.…
Can I start the divorce process on my own and hire a lawyer later if it becomes contested? – North Carolina Short Answer Yes. In North Carolina, a person can file for absolute divorce without a lawyer and later hire one if the case becomes contested. The key risk is that filing “just the divorce”…
What information should I bring to a first meeting with a divorce lawyer for a short marriage? – North Carolina Short Answer For a first divorce meeting in North Carolina after a short marriage, the most helpful information is (1) basic marriage and separation details, (2) a clear snapshot of income, expenses, debts, and assets,…
What is the difference between a separation and a divorce, and do I need both? – North Carolina Short Answer In North Carolina, “separation” usually means spouses live separate and apart with at least one spouse intending the separation to be permanent, but they are still legally married. “Divorce” (often called “absolute divorce”) is the…
Can I file for separation or divorce if my spouse and I are still living in the same home? – North Carolina Short Answer In North Carolina, an absolute divorce based on “one-year separation” generally requires spouses to live in separate residences for at least one year. Living in the same home usually does not…
Can my spouse claim part of my house if I bought it before we got married and it’s only in my name? – North Carolina Short Answer Usually not the house itself. In North Carolina, a home owned before marriage and kept titled only in one spouse’s name generally starts as that spouse’s separate property…
Is there a waiting period or minimum time I have to be married before I can get divorced? – North Carolina Short Answer In North Carolina, there is no minimum length of marriage required to file for divorce. The practical “waiting period” is usually the requirement that spouses live separate and apart for at least…
Would my situation be handled as an annulment instead of a divorce after a short marriage? – North Carolina Short Answer Usually, no. In North Carolina, a short marriage is still typically ended through an absolute divorce, which generally requires the spouses to live separate and apart for one year before filing. An annulment is…
What documents and information should I gather before filing for separation or divorce? – North Carolina Short Answer Before filing for separation-related claims or divorce in North Carolina, it helps to gather proof of the marriage, the separation timeline, and a clear snapshot of income, expenses, assets, and debts. North Carolina divorce is commonly based…
