Emancipation in North Carolina

I am 16, how do I become emancipated? You have to file the petition and serve your parents and then schedule a hearing and go to court. You would be the petitioner. Your parents have to get a copy of the petition, notice of the hearing and a civil summons filled out by the clerk…

How Do I Enforce a Separation Agreement?

In North Carolina, the two most common ways to resolve family law issues are by signing a separation agreement or by getting a court order. Separation agreements (with narrow exceptions) are private contracts between spouses who have decided to split up. As contracts, separation agreements essentially represent legally binding promises between the parties, entered into…

I am getting a divorce. My ex says that we will have to sell everything and then split the money. Is that right?

No, that is not how it works. In North Carolina, the court is required to make an “in-kind” distribution whenever possible.   That means that the court will try not to order that anything be sold.   The process of dividing your marital property and debts is called “equitable distribution”. It involves a 4-step analysis. (1) The…