By: Jacqueline Keenan Unlike a divorce, which is the end of a marriage between two individuals, an annulment declares that a marriage never existed. This is a rare procedure and has very narrow requirements in North Carolina.
Requirements for Annulment in North Carolina In order to procure an annulment, it must be shown that the marriage is void or voidable. The only situations in which an annulment can be granted are:
All of the other factors are “voidable”, meaning that there is a problem with the legality of the marriage that can lead to the marriage being erased if an annulment is procured. Because these marriages are not immediately void, they may be ratified by the conduct of the parties—meaning if you continue to live together or have children together, you may not be able to seek an annulment. If an annulment is not possible, then it is time to consider a divorce. I think I qualify for an annulment. Now what? Contact Adkins Law! We are happy to help you determine if you are in fact eligible for an annulment, and what your next steps should be!
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Adkins Law specializes in Family Law and is prepared to help you! Contact us today to set up a consultation with one of our attorney's.
1) How long do we have to be separated before we can file for divorce?
You can file for divorce “if and when the husband and wife have lived separate and apart for one year, and the plaintiff or defendant in the suit for divorce has resided in the State for a period of six (6) months.” 2) How long will the whole process take once the complaint is filed? It depends. When the plaintiff files a complaint for absolute divorce, a defendant is entitled to 30 days to respond. If a defendant fails to respond to the complaint within 30 or 60 days if applicable, the plaintiff is entitled to proceed with their claim for absolute divorce. 3) What if I am in the military and live out of state? Can the divorce still be filed in NC? Yes! As long as there is one party that resides in North Carolina for a minimum of six months. The divorce will have to be filed in the county the resident resides in. 5) Is spousal support available while divorce is pending in court? It is up to the court to order that one spouse provide support to the other during the pending stages of the divorce. 6) When is it considered abandonment by a spouse? Abandonment occurs when a spouse intentionally moves out of the martial home with the intent to remain permanently apart without the consent of the other spouse. 7) Is your spouse entitled to alimony if they cheated? No! A spouse that is found dependent by the court is not entitled to alimony if they have had sexual relations with another person that is not their spouse at any time prior to the date of separation. 8) What if my spouse does not agree to the divorce, can I still move forward with the divorce complaint? You can obtain a divorce decree whether your spouse agrees with it or not. There are just two requirements: you and your spouse have to have been separated for one-year and one of you has to have been a resident of North Carolina for 6-months prior to the filing of the divorce. Adkins Law specializes in Family Law and is prepared to help you with your divorce. We understand you may have more questions before you proceed with a divorce that is why we offer consultations. Give our office a call to schedule your consultation. A common question that comes up when dealing with child custody issues for service members involves deployments. Can my ex use my past and / or potential future military deployments against me in our custody matter? In North Carolina, in a proceeding for child custody of a service member, a court may NOT consider a parent’s past deployment(s) or possible future deployments as the ONLY basis in determining the best interest of the child. The court MAY consider any significant impact on the best interest of the child regarding the parent’s past or possible future deployments. Thus, in determining what is in the best interest of the minor child for custody arrangements, military deployments of a parent may be considered as a factor, but may not be the only factor to consider in determining a custody arrangement. Contact Adkins Law if you wish to discuss your child custody issues with a family law attorney. There are 2 important point systems related to driving in NC. There are DMV points and insurance points
DMV points, or license points, are points that are assessed to you by the DMV. Your driver’s license will be suspended if you accumulate 12 or more DMV points within a 3 year period. Below is a list of driving charges, and the amount of DMV Points associated with each charge: Offense-------------------------------------------------------------DMV Points Manslaughter or Negligent Homicide--------------------------Suspended Pre-arranged Highway Racing----------------------------------Suspended Hit and Run (injury/death)--------------------------------------Suspended DWI (.08 BAC or more)------------------------------------------Suspended Transporting Illegal Liquor for Sale-----------------------------Suspended Highway Racing-------------------------------------------------Suspended Speeding to Elude Arrest---------------------------------------Suspended Driving While Revoked or Suspended--------------------------Suspended Aggressive Driving (Comm. Lic.)---------------------------------6 Points Aggressive Driving (Class C License)----------------------------5 Points Reckless Driving-------------------------------------------------4 Points Hit and Run (property damage)----------------------------------4 Points Passing a Stopped School Bus-----------------------------------5 Points Speeding (75 mph or greater when limit < 70)------------------Suspended Speeding (80 mph or greater when limit 70)---------------------3 Points Driver Under 21 Driving after Consuming Alcohol/Drugs-------Suspended At-FaultAccident (injury/death > $800)--------------------------Suspended Illegal Passing----------------------------------------------------4 Points Following Too Closely--------------------------------------------4 Points Driving on Wrong Side of Road-----------------------------------4 Points Stop Sign/Stop Light Violation-----------------------------------3 Points Speeding Through a Safety Zone---------------------------------3 Points Driving with no Operator’s License-------------------------------3 Points Failure to Yield Right of Way-------------------------------------3 Points Failure to Stop for Siren-------------------------------------------3 Points Driving with no Liability Insurance--------------------------------3 Points At Fault Accident (property damage > $1,800, but < $3,000)------3 Points Speeding (>10 mph over limit when speed limit is > 55, but < 76)--3 Points Speeding when limit is 55 mph or greater------------------------3 Points Speeding when limit is 55 mph or less---------------------------2 Points Speeding in School Zone-----------------------------------------3 Points All other Moving Violations---------------------------------------2 Points Failure to Restrain Child in Restraint------------------------------2 Points At-Fault Accidents (injury or property damage < $1,800)---------3 Points Littering from vehicle---------------------------------------------1 Point Non-Moving Violations-------------------------------------------0 Points Adkins Law Attorneys are happy to help clients with any traffic violation. Call us today with any question you may have or to get help with your traffic violation. There are several different types of Child Custody:
How is Custody Determined? Court will decide where the child will live and what type of custody will or should be awarded to each parent. If the parents have come to an agreement, the courts will often take that into consideration before making the decision for the family and the child. If no agreement can be made, then the court will choose based on the “best interests” of the child. The court considers a wide variety of factors to determine the best arrangement for custody of the child. The factors the courts consider:
Adkins Law can help you understand any and all complexities of your child custody case. Call Adkins Law today for more information and to schedule a consultation. Adkins Law is committed to being there for you no matter what stage of life you are going through. If you are in need of assistance with Family Law Issues, Estate Planning for your family or even a Traffic Law issue. We are here to help you! Call us today to set up a consultation.
Adkins Law is located in the Lake Norman, Huntersville area, we specialize in Family Law, Estate Planning, and Traffic/DUI. Call us today to set up a consultation.
Do you have the "REAL" ID? The North Carolina DMV has begun to offer a form of identification that satisfies a new federal ID requirement for boarding planes, entering federal buildings, military bases and nuclear facilities. The "real" ID works and looks like a normal driver’s license but has a gold star in the upper right-hand corner. The star indicates that you’ve met the ID standards spelled out in the federal REAL ID Act. To get a REAL ID, an applicant has to provide documents that show who they are, where they were born, where they live and that they have a Social Security number. The documents that meet the requirements to prove these things include: -a birth certificate -a valid U.S. passport or immigration documents -a Social Security card -W-2 form The federal government will begin requiring REAL ID for air travel. It was also be required to access other federal facilities such as military bases beginning on Oct. 1st, 2020. Those without a state-issued ID (with the gold star) would still be able to board a plane. However it would require a driver’s license and another form of identification, such as a passport. Licenses that do not meet the requirements will include the words “Not for Federal Identification.” Make sure the next time you are at the DMV to get your Federal ID.
Adkins Law is located in the Lake Norman and Huntersville area. We specialize in Traffic/ DWI. Call us today if you are in need of legal assistance. A common question that arises is concerning the termination of parental rights. When parental rights are terminated, all legal ties between the parent and child are severed. This cannot be done consensually. A court must find grounds for the termination, and that the termination is in the child’s best interests.
In North Carolina, termination of parental rights proceedings are held in juvenile court before a district court judge. There is no jury. The petitioner (the person attempting to terminate the parental rights) must (1) show that there are grounds for the termination, and (2) that it is in the child’s best interests to terminate the parental rights. The petitioner must show by clear and convincing evidence that grounds for the termination exist, and that the termination is in the child’s best interests. NCGS 7B-1111 sets out several grounds for terminating parental rights in North Carolina. A petitioner needs to prove at least one ground to successfully have a respondent’s parental rights terminated. Some of the ground which justify a termination include abuse, neglect, willful abandonment, the assumption of child custody by one party and the failure to pay child support by the other, a child born out of wedlock with the failure to establish paternity or legitimize the child, the failure to provide proper care and supervision when the child needs specialized care, a conviction of a serious felony such as murder or a sexually related offense. Even upon the petitioner proving one of the grounds justifying termination, a judge must still find that the termination is in the child’s best interests. To that end, an evidentiary hearing must be held with sworn testimony. A parent cannot simply consent to the termination, even if they want to, fail to file a responsive pleading, or fail to appear at the termination hearing. Adkins Law is located in Huntersville, North Carolina and primarily serves Mecklenburg County, and the Lake Norman area. If you want to speak with an experienced family law attorney, please contact Adkins Law to arrange a consultation. |
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