For most people, the idea of uncontested divorce means that they can obtain a divorce without a legal battle: the divorce action will be filed, entered by a judge, and everyone moves on. Whether or not this is a possible path will depend primarily on two things… First, do you meet the statutory requirements for …
Uncontested divorce – Is it a possibility for me? Read More »
You may have heard the phrase “divisible divorce,” but what does it mean? Divisible divorce, also called “bifurcated divorce,” is the concept that the marriage itself can be dissolved while the issues incident to the divorce, such as alimony and equitable distribution, can be reserved for separate proceedings. Each issue – divorce, alimony, equitable distribution, …
A health care directive, also called an advance directive, allows you to express your wishes regarding your health care so that if you become incapacitated and unable to speak for yourself, providers and facilities are aware of and can honor your wishes. Generally, this is accomplished through a healthcare power of attorney and/or a living …
According to one source, a person in the United States is expected to move 11.4 times in his/her lifetime. The most common reasons are relationship changes, career opportunities, retirement, being near family, change of climate. What happens if a custody order was entered while the parties lived in the same community and one of the parents later desires to …
My ex and I have a child custody order – can I relocate? Read More »
Once you have finally made your mind up to move forward with divorcing your spouse, the next logical step you may be considering is moving out of the marital home. In order to divorce in North Carolina, the parties must be physically separated, living separate and apart, for one year — someone has to leave in order to …
Ready to Divorce? 6 Reasons You Shouldn’t Pack Your Bags and Leave Right Away… Read More »
Most people are familiar with the idea of common law marriage – they usually associate it with folks who have lived together for some amount of time but never obtained a marriage license or conducted a solemnization ceremony before a religious or legal official. “Common Law” describes laws that are not found in any statutory or constitutional document but have nonetheless …
We are often asked, at what age can a child be left home alone under North Carolina law? What about leaving multiple children home alone? It may be surprising to learn that North Carolina law does not establish a threshold age for leaving a child home unattended. In fact, there is no law addressing the topic …
How old do my kids need to be before I can leave them home alone? Read More »
For most of us, “negotiation” commonly occurs with some type of business deal – a contract for employment, the sale of a home, the purchase of an automobile (unless you’re a parent, in which case you’re probably involved in negotiation on a daily basis). In business deals, the parties involved usually have somewhat complementary interests …
How is negotiation in a legal dispute different from other negotiations? Read More »
Yes. The State Legislature adopted Article 4, Collaborative Law Proceedings (§ 50-70 to § 50-89), in 2003 establishing collaborative law procedures in North Carolina. As defined in NCGS § 50-71: Collaborative law is a procedure in which a husband and wife who are separated and are seeking a divorce, or are contemplating separation and divorce, and their attorneys …
Does North Carolina recognize and authorize Collaborative Law? Read More »
There are generally two temporal types of child support that a court can address in North Carolina: prospective and retroactive. Prospective child support is support for the time since the filing of the claim forward. Retroactive child support is support for the period of time before the filing of the claim, limited to three years. …
What is the difference between prospective and retroactive child support? Read More »
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