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We are here for the ones you love. Contact Adkins Law to arrange a family law consultation or estate planning consultation. You may include a request to change your name in your divorce complaint. The name change can be included in the divorce judgment. You cannot change your name to any name in this process - you may only resume your maiden name. You may also resume a former marital name under certain circumstances. In the alternative, you may make a request to resume a former name after the divorce has been entered by filing the appropriate application with the clerk, and paying a fee. There are many important effects of a divorce. First, the entry of a divorce cuts off your right to alimony and property division. If those claims have not been resolved in a valid and binding Agreement or properly filed with the court prior to the entry of the divorce judgment, they are lost forever. The loss of those claims can be devastating. If you have a claim for alimony or if you or your spouse acquired property during the marriage (house, cars, bank accounts, retirement), you need to take action before your divorce is granted to protect those claims. Second, the entry of a divorce changes your tax filing status, which may be more or less of a benefit to you. Third, the entry of divorce enables you to remarry. Fourth, the entry of a divorce cuts off your rights to inherit from your spouse. Fifth, it can alter the way your house is owned if you own a house with your spouse. When addiction strikes, it can have detrimental effects on a marriage, any children involved, and extended family members. According to the American Association for Marriage and Family Therapy (AAMFT), fighting and stress caused by financial and emotional issues can set the couple up for a vicious cycle of substance abuse to cope with tension created by increased conflict. Domestic violence is often an issue in instances where alcohol abuse or substance abuse is present. Leaving a loved one due to substance abuse is difficult because of the years spent invested in building a relationship. Fortunately, there is hope for salvaging a relationship through the assistance of therapy and treatment. Signs of Substance Abuse The first step in repairing the damage created by substance abuse is to identify abuse as the root cause for marital problems. It is an emotional and cognitive struggle to come to the realization that a person’s loved one has resorted to using drugs or alcohol to the point of addiction. While it is nearly impossible to come up with a comprehensive list including all of a the signs that determine whether a spouse is suffering from an addition, below is a list of signs that can help determine if a person is abusing drugs or alcohol:
Therapy According to the AAMTF, substance abuse by a partner damages a relationship and these issues need to be treated too. If the underlying issues remain unchecked, it can lead to a relapse. These issues do not simply disappear once an individual has stopped drinking or the drug use has stopped. Eliminating drinking or drug use is only the starting point, once sobriety is attained, the presence of a supportive caring relationship can be one of the strongest factors in sustaining sobriety. You have to file a complaint (lawsuit) asking for a divorce. You cannot file a divorce complaint until after you and you spouse have been separated for one year. You have to serve your spouse with the complaint. Service is usually accomplished by certified mail or Sheriff. Then you will need a hearing in front of a judge. You may or may not have to be present at this hearing depending on what county you file in, and whether you are represented by an attorney. The judge has to enter a Judgment declaring you are divorced. You are not divorced until the judge signs a Judgment and the clerk file stamps it. How Long Does the Divorce Process Take? The length of the process varies based on how long it takes to get service of your spouse and how soon the clerk schedules the divorce hearing. Generally, it should take approximately 60 days after the complaint is filed.
What are the grounds for divorce in North Carolina? There are only two grounds for divorce: (1) separation for one year, or (2) incurable insanity of one spouse and separation for three years. The vast majority of divorces are based on separation for one year. In order to get divorced, you must have been separated for one year and at least one spouse must have had the intent to remain separate and apart. In addition, one of you must have been a resident of North Carolina for at least six months. Fault is not necessary to obtain a divorce.
Do I file for separation? No. Separation happens once husband and wife begin living separate and apart and at least one of them has the intent to remain separate and apart.
Do I need an Agreement or Court Order to be legally separated? No. You are legally separated once you begin living separate and apart and at least one spouse intends to remain that way. Is it okay if we continue living in the same house? No. Living separate and apart means you must be living in separate residences. In accordance with the federal Child Support Enforcement Act, each state has developed specific guidelines to calculate a range of child support to be paid, based on the parents’ respective incomes and expenses. Each state’s guidelines vary considerably, meaning that in virtually identical situations, the child support ordered in one state may be far more or less than that ordered in another state. Judges in some states are allowed a considerable amount of leeway in setting the actual amount, while other states have very strict guidelines that leave judges with very little leeway.
Factors Considered Regardless of the judge’s latitude, there are statewide guidelines put in place that specify factors that must be considered in determining who pays how much child support. These factors include:
When one parent does not work When income is received on an irregular, non-recurring, or one-time basis, the court may average or prorate the income over a specified period of time or require an obligor to pay as child support a percentage of his or her non-recurring income that is equivalent to the percentage of his or her recurring income paid for child support. Potential or Imputed Income: If the court finds that a parent’s voluntary unemployment or underemployment is the result of the parent’s bad faith or deliberate suppression of income, child support may be calculated based on the parent’s potential income. If a parent has no recent work history or vocational training, potential income should not be less than the minimum hourly wage for a forty hour work week. Third party consideration Guidelines do not apply to child support orders against stepparents or other persons or agencies who are secondarily liable for child support. They may, however, be a small factor to consider in offsetting some expenses that a parent would have otherwise been responsible for. Maxed out guidelines There are cases in which the parents’ combined adjusted gross income is more than 300,000 a year. When income exceeds this threshold, the normal child support schedule is maxed out. Inn cases that involve very high incomes, the courts will need to set the award on their own. When setting this award, the court must ensure that the amount of the award meets the reasonable needs of the child. |
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