What issues can be handled in a separation agreement, like property and debt division? – North Carolina Short Answer In North Carolina, a separation agreement can cover most financial and practical issues that come up when spouses separate, including how to divide property and debts, whether either spouse will pay spousal support, and how day-to-day…
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 consent order), both parents generally keep their parental rights, and day-to-day…
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…
