1) How long do we have to be separated before we can file for divorce in NC? Under North Carolina General Statute (N.C.G.S.) § 50-6 provides that either party may apply for divorce but only “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 divorce process take once the complaint is filed? It depends each county in North Carolina is different and has its own local rules and procedures when processing a complaint for absolute divorce. When the plaintiff files a complaint for absolute divorce, a defendant is entitled to 30 days to respond to the lawsuit. A defendant is may ask the Court for additional time in which to respond and in most cases a Court will allow a permit an additional 30 days for the defendant to respond to the complaint. 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. In Mecklenburg County, unlike some other counties, no court appearance will be required by either party for a Court to enter a judgment of absolute divorce. 3) What factors does the court look at in determining alimony? Under N.C.G.S. § 50-16.3A(a), “the court shall award alimony to the dependent spouse...upon a finding that the other spouse is the supporting spouse, and that an award of alimony is equitable after considering all relevant factors, including those set out in subsection (b) of this section.” N.C.G.S. § 50-16.3A(b) “In determining the amount, duration, and manner of payment of alimony, the court shall consider all relevant factors, including: (1) The marital misconduct of either of the spouses. [The court will consider all evidence of martial misconduct that has occurred during the marriage and prior to the date of separation.]; (2) The relative earnings and earning capacities of the spouses; (3) The ages and the physical, mental, and emotional conditions of the spouses; (4) The amount and sources of earned and unearned income of both spouses, including, but not limited to, earnings, dividends, and benefits such as medical, retirement, insurance, social security, or others; (5) The duration of the marriage; (6) The contribution by one spouse to the education, training, or increased earning power of the other spouse; (7) The extent to which the earning power, expenses, or financial obligations of a spouse will be affected by reason of serving as the custodian of a minor child; (8) The standard of living of the spouses established during the marriage; (9) The relative education of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking alimony to find employment to meet his or her reasonable economic needs; (10) The relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including legal obligations of support; (11) The property brought to the marriage by either spouse; (12) The contribution of a spouse as homemaker; (13) The relative needs of the spouses; (14) The federal, State, and local tax ramifications of the alimony award; (15) Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper. (16) The fact that income received by either party was previously considered by the court in determining the value of a marital or divisible asset in an equitable distribution of the parties' marital or divisible property.” 4) What if I am military and live out of state? Can our divorce still be filed in NC? Yes, as long as one party resides in North Carolina for six months. The divorce will have to be filed in the county the NC resident resides in. 5) Is spousal support available while divorce is pending in court or only after the divorce has become final? It is up to the court to order that one spouse provide support to the other during the pendency of the divorce action and/or after the divorce has become final. Also, support that is awarded pending the final decree of divorce is not to extend beyond the period necessary for the prosecution of the divorce action. 6) When is considered to be abandonment by 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, and without provocation by the other spouse. 7) Is your spouse entitled to alimony if they cheated on you? No. Under N.C.G.S. § 50-16.3A(a) provides that a spouse that is found dependent by the court is not entitled to alimony if he or she has 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 go forward with the divorce? Yes. You can obtain a divorce decree whether your spouse agrees with it or not, as long as you and your spouse have been separated for one-year and one of you has been a resident of North Carolina for six-months prior to the filing of this divorce action. 9) What are the types of divorce that NC recognizes? North Carolina is a “no-fault” state which means that neither party has to prove fault of the other in order to file or be granted a divorce decree, you are only required to be separated for one-year and one of the spouses must have resided in NC for six-months prior to filing for divorce. Further, North Carolina recognizes two types of divorces: (1) “absolute divorce” and (2) “divorce from bed and board.” (1) “Absolute divorce” is like a no-fault divorce, either party can obtain, once you and your spouse have lived separate and apart for one-year. (2) “Divorce from bed and board” is not technically a divorce but rather a judicially authorized legal separation. There are six grounds for this type of divorce based on injury to the party filing for divorce as provided under N.C.G.S. § 50-7. “The court may grant divorces from the bed and board on application of the party injured…in the following cases if either party: (1) Abandons his or her family, or (2) Maliciously turns on the other out of doors. (3) By cruel or barbarous treatment endangers the life of the other. In addition, the court may grant the victim of such treatment the remedies available under N.C.G.S. § 50B-1. (4) Offers such indignities to their spouse as to render the condition his or her condition intolerable and life burdensome. (5) Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of the spouse burdensome. (6) Commits adultery.” [NCGS § 50-7] 10) Does North Carolina recognize common law marriage? No, North Carolina does not recognize common law marriage. If, however, you moved to North Carolina from a state recognizing common law marriage, you still may need to file for an absolute divorce. If you need to arrange a consultation with a family law attorney concerning separation and/or divorce, contact Adkins Law. We have locations in Huntersville and Ballantyne for your convenience.
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Step 1. Petition the court for Adoption. The petition must be signed by the adoptive parent(s), and may be filed in the county where the adoptee has lived for at least six consecutive months or from birth, where the child placing agency is located or where the petitioner has lived or been domiciled for at least the six consecutive months immediately preceding the filing of the petition. The following documents must be filed with the petition:
Once a petition is filed with all of the proper documents, the Clerk of Court will order the agency to make a report on the proposed adoption, if required for that type of adoption. Step 2. File the Report on Proposed Action with the court of adoptions by the Department of Social Services or whoever the child’s placing agency is, which are ordered to investigate and supervise the adoptive placement. The report will include the following: history and family background of the child, the birth parents, the adoptive parents, assessment of the adjustment of the child and the family, and a recommendation as to whether the adoption should be finalized. Step 3. File an itemized list of any out-of-pocket costs, such as filing fees or court costs, which must be done before the adoption can be finalized. Step 4. The adoption is accepted and finalized by the court. The Decree of Adoption handed down, which makes the child legally part of your family now. Step 5. Send the adoption documents to the NC Division of Social services where they are indexed for permanent retention then the child will be issued a new birth certificate. The new birth certificate will show the adoptive parents as the child’s parents and reflects the child’s new name, if changed. NOTE: that all laws relating to adoption are found in Chapter 48 of the North Carolina General Statutes. For more information please visit https://www.ncdhhs.gov/dss/adopt/ Adkins Law has locations in Huntersville and Ballantyne. To arrange a consultation, contact Adkins Law. At Adkins Law, we believe in providing top-notch, quality legal services at affordable prices. If you need to speak with an attorney regarding a family law matter, traffic citation or issue, or for your estate planning needs, contact Adkins Law to arrange a consultation. Adkins Law has offices in Huntersville and Ballantyne for your convenience. Need to speak with a family law attorney? Contact Adkins Law. Adkins Law provides legal representation for family law matters such as separation, divorce, child custody, child support, equitable distribution, and spousal support. We have locations in Huntersville and Ballantyne for your convenience. By Christopher Adkins In North Carolina, parents have the legal right to have custody of their children unless clear and cogent reasons exist for denying them this right. This right is not absolute but requires substantial and sufficient reasons for interference or denial. Who may bring an action for child custody? Any parent, relative, or other person, agency, organization, or institution may bring an action or proceeding for the custody of a minor child. Limitations exist on third parties that may bring a custody action as the parents have a constitutionally protected paramount right to the custody, care, and control of their children. What is the standard of proof when a third party challenges custody? When a third party challenges the natural parents for custody of a minor child, the standard of proof required to overcome the presumption of the parents to have custody of their children is "clear and convincing evidence." This means that a third party, whether this is a grandparent, aunt, uncle, or otherwise, must show by clear and convincing evidence that it is in the best interests of the child that the third party be awarded custody. How can a third party show that it is in the best interests of the child for the third party to have custody? A third party may show that the natural parents have been or are unfit to have custody. Unfitness, neglect, and abandonment constitute conduct inconsistent with the parents' protected status. Proof of this type of conduct may help prove custody with the natural parent(s) is not in the best interest of the child. How do I modify an order awarding custody to a third party? If a third party is awarded custody of a minor child, the natural parent(s) may seek a modification of the order if they are able to prove that a substantial change in circumstances has affected the welfare of the child. If the natural parent(s) can prove that there has been a substantial change of circumstances affecting the welfare of the child, and that a change in custody may be in the best interests of the child, they may be able to regain custody. If you need to speak with a family law attorney in regards to third party child custody, please contact Adkins Law. Adkins Law has locations in Huntersville and Ballantyne, and primarily serves Mecklenburg County, Charlotte, and the Lake Norman area. By Christopher Adkins
In North Carolina, child custody can be divided into two main elements: legal custody and physical custody. Legal and physical custody can be shared jointly, or can be granted solely to one parent. Having legal custody of your child means that you are able to make decisions for important things in their lives. Things like where your child will be going to school, what doctor your child will see, and what religious upbringing they will receive – these are examples of legal custody decisions. When you were married to your spouse, these were typically decisions that you made together. In most situations, the courts want to maintain this joint decision-making. Thus, often, co-parents share joint legal custody and have to mutually agree upon important decisions made involving the child’s upbringing. Joint legal custody is not, however, always granted. In some circumstances, especially when one parent has been the primary caregiver and is granted sole physical custody, that parent may also be granted legal custody. In other situations, co-parents may be granted joint legal custody, but one parent may have the final decision-making authority on certain issues such as medical decisions, while the other parent may be granted final decision-making authority on certain issues such as education decisions. If a judge feels like the parents are not going to be able to mutually reach decisions on matters in the future, and ongoing conflict may arise between the parents, sole legal custody may be granted to one parent. Physical custody, on the other hand, refers to where the child physically lives. Like legal custody, physical custody can be shared jointly, or one parent may be granted sole physical custody. Most commonly, when both parents are involved in the child’s life, they are awarded joint physical custody, which may not involve an exact 50/50 time split, but something very close. If one parent is awarded the child most of the time, that parent is said to have primary physical custody, and the other parent is usually granted visitation or parenting time. A common example of this type of physical custody arrangement would be when one parent has parenting time with the child every other weekend. It is common for a parent with visitation rights to be granted several weeks of parenting time with the child during summer break to make up for any time they are not able to spend with the child during the school year. If you have questions regarding child custody and need to speak to a family law attorney, please contact Adkins Law. Adkins Law has locations in Huntersville and Ballantyne, and primarily serves Mecklenburg County, south Charlotte, and the Lake Norman area. A common issue co-parents have in rearing their children involves modifying or changing their child custody arrangement once a permanent order has been entered. Just because an order is deemed permanent, does not necessarily mean that it cannot be changed. Specifically, permanent child custody orders may be modified in two situations:
When a parent violates a court order, they may be found in contempt. A finding of contempt alone may not justify the modification of a child custody order. If the violation, however, is deemed to be serious enough to warrant a changed circumstance as for the custody arrangement, the custody or visitation order may be modified. The intent is not to punish the parent who violates the order, but instead to modify the order in the best interests of the child. When one or both parents allege that there has been a change in circumstances that affects the child, a modification to the existing child custody order may be made. A substantial change of circumstances may involve something that changes the child’s wellbeing, relationship with their parents, the child’s personal wishes and desires, the conduct of the parents, and the child’s environment and living situation. The change must be substantial, and it must affect the child. This affect does not have to be adverse, but can be positive as well. If you need to speak to a child custody attorney in regards to modifying an existing child custody order, contact Adkins Law. Adkins Law focuses primarily on family law matters, and has locations in Huntersville and south Charlotte. Adkins Law PLLC provides representation for family law matters such as child custody, child support, and divorce. We have locations in Ballantyne and Huntersville, and primarily serve Mecklenburg County and the greater Charlotte area. Contact Adkins Law to arrange an appointment.
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