How do I start the process for a legal separation and divorce? – North Carolina Short Answer In North Carolina, there is no court filing to “start” a legal separation. Separation usually starts when spouses begin living in separate homes with the intent to remain separated, and many couples sign a written, notarized separation agreement…
How long do I have to be separated before I can file for divorce in my state? – North Carolina Short Answer In North Carolina, a spouse can file for an absolute divorce after the spouses have lived separate and apart for at least one year (and at least one spouse has lived in North…
What are the first steps to start a divorce when I just got married recently? – North Carolina Short Answer In North Carolina, the first practical step toward an absolute divorce is usually to start (and document) a true separation—living separate and apart—because most divorces require one full year of separation before a court can…
How do I handle suspected hidden assets or trust distributions in a divorce if I can’t prove it yet? – North Carolina Short Answer In North Carolina, suspected hidden assets or trust distributions get handled through an equitable distribution case and targeted discovery, not guesswork. The practical move is to file (or keep active) an…
Can I ask the court to reopen or set aside orders if I think the other side filed false or fraudulent paperwork? – North Carolina Short Answer Yes. In North Carolina family court, a party can ask the court to set aside or reopen certain orders if fraud affected the result, or if the order…
How can I change or challenge a custody order if I believe my child is being harmed in the other parent’s home? – North Carolina Short Answer In North Carolina, a custody order can be changed by filing a motion to modify in the existing case and proving a substantial change in circumstances that affects…
Do I need to go to court in person for a divorce like this if there are no property or custody issues? – North Carolina Short Answer Usually, no. In North Carolina, an uncontested absolute divorce with no property or custody issues can often be finished without an in-person court appearance by using affidavits or…
What are my options if I can’t afford my current attorney anymore but I still need representation in my custody case? – North Carolina Short Answer In North Carolina, a parent who cannot afford current counsel in a custody case usually has several practical options: ask the current attorney about a limited-scope plan or payment…
What can I do if I was never properly served with court papers but the case still moved forward and orders were entered? – North Carolina Short Answer In North Carolina, improper service can mean the court never gained personal jurisdiction over the person who was supposed to be served. When that happens, the person…
How do I serve divorce papers on a spouse who lives outside the country? – North Carolina Short Answer In North Carolina, divorce papers can be served on a spouse who lives outside the country using the same service methods allowed by North Carolina civil rules, or by a method allowed where the spouse is…
