What can I do legally if I’m being harassed online and by messages from the other parent’s other co-parent? – North Carolina Short Answer In North Carolina, online or message harassment by a third party tied to the other parent can sometimes be addressed through a civil no-contact order (Chapter 50C) if the conduct amounts…
How do I file a consent custody modification to change primary residence for the school year where the original order was entered? – North Carolina Short Answer In North Carolina, changing a child’s primary residence for the school year generally requires filing a Motion to Modify Child Custody in the same case where the current…
Do both of us need separate attorneys for an uncontested divorce, or can one attorney prepare the paperwork for both of us? – North Carolina Short Answer In North Carolina, one attorney generally cannot represent both spouses in an uncontested divorce because the spouses are on opposite sides of the case, which creates a conflict…
What information do I need to answer the questions on the cover worksheet before I send it back? – North Carolina Short Answer In North Carolina family-law filings, the “state action cover worksheet” is an intake sheet that helps the Clerk of Superior Court open the correct case type and assign it to the right…
How long does a divorce usually take if my spouse and I agree on everything versus if we don’t? – North Carolina Short Answer In North Carolina, most couples cannot finalize an absolute divorce until they have lived separate and apart for at least one year, with at least one spouse having lived in North…
How can I get a court order to correct my child’s birth date on an amended birth certificate after an adoption? – North Carolina Short Answer In North Carolina, fixing an error on an adopted child’s amended birth certificate usually requires working through the State Registrar (NC Vital Records) and, if Vital Records will not…
How do I get the originating court to confirm and transmit the transfer so a judge where the child lives can hear the case? – North Carolina Short Answer In North Carolina, a custody case file does not “move” automatically just because the child moved. When another state (or county) needs the record to decide…
What information can I give my lawyer to help locate someone for service if I don’t know their current address? – North Carolina Short Answer In North Carolina, the best way to help a lawyer serve someone whose current address is unknown is to provide a detailed “trail” of identifying information and recent leads. Courts…
How do I file for child custody and child support when there is no court order yet? – North Carolina Short Answer In North Carolina, a parent can start a child custody and child support case by filing a civil action in District Court (or by raising the issue inside an existing Chapter 50 case,…
Can suspected infidelity and payment records support alimony or an alienation of affection claim, and what evidence is helpful? – North Carolina Short Answer Yes—under North Carolina law, suspected infidelity and related payment records can support an alimony case and may also help support an alienation of affection claim, but they usually are not enough…