Do you have a custody order or parenting agreement? What does it say about travel? How old is the child and what country is the child going to? Does the child have a passport? You should go to the U.S. Department of State website and look at the section on foreign travel to see what…
Generally, the answer to this question is no. North Carolina law only allows you to get an annulment in limited circumstances. You can file for an annulment if: You find out your spouse was already married to another person, who was still living at the time of your marriage; You or your spouse were under…
No, once you assumed the name, it became your name, and therefore it’s your decision whether to keep it – not your spouse’s, not the state’s. You can keep your married name, resume your maiden name, or, if this is not your first marriage, you may be able to resume the name of a former…
You are not required to be represented by a divorce lawyer in North Carolina. However, you should be certain you understand the implications before proceeding on your own. Learn more by reading our Divorce page. If you have decided to proceed on your own, here is some basic information. Step 1: File the complaint and…
In a previous blog post, I highlighted the property distribution problems of dying without a will. Besides not deciding who receives your property, dying “intestate” causes other serious problems. Children cannot inherit property or money. Plus, they are not considered capable of taking care of themselves. So, your children will be completely unprotected if you…
If you die without a will, you die “intestate.” This means that what you have worked so hard to accumulate will be distributed according to your state’s Intestacy Statute. In other words, the legislature’s general rules decide how to split up your property. Obviously, the legislature did not think about your unique situation when they…
Most people think of “divorce” as one big legal claim. But divorce is actually several different claims that are often lumped together. You may only need to make a simple claim for absolute divorce, severing the bonds of marriage between you and your spouse. But, most people who were married for a while have other…
The law assumes that your spouse is the best person to make decisions for you, if you can’t make them yourself. Separating from your spouse does NOT override this presumption. Even obtaining a DVPO (Domestic Violence Protection Order) against your spouse doesn’t change this! Only a final divorce decree ends this preference. So, even if…
Judges in North Carolina do not typically care about adultery in a custody case. They care about who the children are around and whether the new girlfriend/boyfriend is a good person, but the fact that the new girlfriend is a home wrecker who broke up the marriage has no effect on custody. There is no…
The most important thing you can do before you separate from your spouse is consult an attorney to help you work through the potential pitfalls and consequences of various tactics. We understand, however, that not everyone has the opportunity or financial ability to meet with a lawyer prior to separating. Regardless of whether you’re able…