Filing for an absolute divorce in Mecklenburg County requires the following:
1. At least one party must have lived in North Carolina for at least six months prior to filing for divorce. 2. The parties must have lived separate and apart for at least one year and one day prior to filing for the divorce. 3. The plaintiff (the person who is filing the lawsuit) must be able to prove that he or she served the defendant (the person who is getting sued). This is usually done by mail or sheriff. Once I file for divorce, how long does it take? Although it may be possible to process a divorce in a matter of days (if both parties agree to expedite and appear in person before a judge), once the plaintiff files for divorce, it takes anywhere from three to four months on average for the divorce to be finalized. Do I have to go to court? No, in an uncontested divorce in Mecklenburg County, neither party is required to go to court. You may select to appear in court to expedite the divorce process, or you may have your attorney handle the entire matter for you. How much will this cost me? Court costs for filing a divorce in Mecklenburg County are $225.00. There is also a $20.00 fee for the hearing to occur, $10.00 fee if you wish to resume your maiden name, and approximately $10.00 to $30.00 fee to serve the other party (if they do not wish to accept service). If you need representation in filing a divorce in Mecklenburg County, contact Adkins Law. In most cases, we can get all required information over the phone, have you verify and sign the filing documents, and process the divorce without the necessity of you having to meet in person or go to court.
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The health care power of attorney is a document that works in conjunction with a living will. It is a document where you can designate someone to be your representative, in the event you are unable to communicate your decisions about your health care. In the most basic form, a health care power of attorney says, "I want this person to make decisions about my health care if I am unable to do so."
This needs to be a person that you trust to make medical decisions on your behalf if you cannot make them for yourself. Most people choose their spouse, partner, relative, or close friend as their health care agent. North Carolina requires that your health care agent be (i) at least 18 years of age, and (ii) not being compensated for providing you health care. Choosing this person is an important decision, and you should think carefully about who you want to assume this responsibility. This person may eventually be deciding whether or not life support will be in your best interests. If you are in need of appointing someone as your healthcare power of attorney, Adkins Law may be able to help. Call today to set up a FREE Estate Planning consultation in our Huntersville office. Need to discuss your estate planning needs? Contact Adkins Law to arrange a consultation with a wills and trusts lawyer!
1. Control distribution of assets – You wouldn’t hand over your car keys to a child who has not had proper preparation driving, and chances are you would not want to hand over all your assets to a teenager either. But if both parents die at the same time, or while their children are still minors, the children would inherit all the assets upon their 18th birthdays. A trust allows you to specify how and when you want your children to inherit.
2. Protect assets from creditors – Placing an inheritance in a trust ensures that those assets are protected from your heir’s, or their spouse’s, creditors. A properly drafted trust can protect all your assets throughout your beneficiary’s lifetime from divorce, liability, lawsuits, and other judgments. 3. Protect inheritance from spendthrift heirs – Not everyone is good with money. If your heirs fall into that category, you can use a trust to ensure the assets are not frittered away due to spendthrift behavior. 4. Provide for children of prior marriage or relationship – You can use a trust to both provide for your current spouse and any children from a previous relationship. By doing so, you can prevent pain, confusion, and arguing, which may exist in blended family situations. 5. Provide for a special needs heir – Leaving assets outright to an heir with special needs could disqualify them from receiving important government benefits. Leaving those assets in trust bypasses this potential risk. 6. Avoid probate – Assets can pass to heirs without going through probate by using a trust, saving beneficiaries the time and expense of the probate process. Probate is an expensive, public, and unnecessary court process you can keep your family from having to deal with. 7. Protect privacy – Once a will is entered into probate, it becomes public record, and anyone may access information on what someone inherited. A trust, on the other hand, is a private document that protects your family’s privacy. If you need to arrange a consultation with an estate planning attorney, contact Adkins Law or call (704) 274-5677. Domestic violence is attempting to cause or intentionally causing bodily injury or placing the victim in fear of imminent serious bodily injury. Continued harassment can constitute domestic violence if it causes substantial emotional distress. There needs to be a current or former relationship between the victim and abuser such as spouses, parent / child, household members, or boyfriend / girlfriend.
North Carolina state law requires that child support be determined by a formula through the North Carolina Child Support Guidelines. These guidelines assume that the child should receive a proportional amount of each parent’s monthly income as if they lived together. Thee guidelines are intended to meet the needs of the children, while remaining fair to both parties.
Child support orders specify the amount of money that a non-custodial parent must pay. The formula used to calculate the amount of support necessary involves two steps.
These guidelines also consider other biological children each party may have, as well as child care costs and medical insurance costs for the child(ren) in the order. You should also know that:
How does the process work? The non-custodial parents are served with a Civil Summons and Complaint. They can respond to these documents in one of the following ways:
If the non-custodial parent does not respond or appear in court, the court will accept the information contained in the Complaint to Establish Support as true and will issue an order to pay child support based on that information. It is always easier for everyone if both parties work together to establish a child support order. By reaching an agreement that is based on the North Carolina Child Support Guidelines, a court hearing is not required. You have to file a complaint (lawsuit) seeking a Domestic Violence Protective Order (otherwise known as a restraining order or as a "50B"). If it is at night or on the weekend, you do this through the magistrate's office. If it is during the week, you do it through the civil clerk of court. In the complaint, you set out the details of the act of violence or threat of violence that caused you to seek the Domestic Violence Protective Order. You will then appear before the judge or magistrate to describe what happened. If the judge or magistrate determines you are entitled to an emergency Ex Parte Protective Order, it will be issued at that time. Your abuser is not notified of or present for the emergency hearing. The emergency order is valid until there can be a hearing on the issue - at that hearing, the abuser will be present and have the opportunity to put on a defense. This hearing is normally held within 10 days. If the judge determines at the full hearing that you are entitled to a Domestic Violence Protective Order, one will be issued. This order will be valid for one year, but may be renewed at the end of one year for an additional time of up to two years.
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