HOW TO GET DIVORCED IN NORTH CAROLINA

DISCLAIMER:  This guide has been prepared for general information purposes and is not legal advice.  Legal advice is dependent on the specific facts and circumstances of each situation.  The information in this guide cannot take the place of competent legal counsel tailored to your specific situation.

This guide will walk you through the technicalities of how to get divorced in North Carolina.    You may have additional issues that need to be addressed prior to filing divorce.  Questions that need to be answered:  1) Do you have minor children?  2) Is there marital property, such as real estate, retirement accounts, personal property or other assets, to divide?  3)  Is one spouse in need of financial support from the other spouse?  If you answered yes to any of these questions, you should not get divorced until you have consulted with a qualified family law attorney as many rights, if not preserved, are waived upon entry of the absolute divorce judgment.

Continue reading “HOW TO GET DIVORCED IN NORTH CAROLINA”

PREPARING FOR DIVORCE – PART I

50% Chance of Snow – What do winter weather and divorce have in common?

The weatherman was calling for snow or ice. He wasn’t sure exactly what we were going to get, but he said he was fairly sure we were going to get something. He signed off the forecast with the recommendation to be prepared.

Continue reading “PREPARING FOR DIVORCE – PART I”

TERMINATION OF PARENTAL RIGHTS

The termination of parental rights statutes provide for a two-stage termination proceeding: an adjudication stage and a disposition stage. In the adjudication stage, the trial court must determine whether there exists one or more grounds for termination of parental rights under N.C. Gen. Stat. § 7B-1111(a). The statute sets forth eleven possible grounds for termination of parental rights. Those grounds are as follows: Continue reading “TERMINATION OF PARENTAL RIGHTS”

How Does Divorce Affect Social Security Benefits?

If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record (even if he or she has remarried) if:

• You are unmarried;
• You are age 62 or older;
• Your ex-spouse is entitled to Social Security retirement or disability benefits and
• The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work. Continue reading “How Does Divorce Affect Social Security Benefits?”

How To Change Your Name After Divorce

N.C.G.S. Sec. 50-12 provides that anyone whose marriage is dissolved by a decree of absolute divorce may, upon application to the clerk of court of the county in which they reside or where the divorce was granted setting forth their intention to do so, change their name.

A woman has the choice of reverting to her maiden name, the surname of a prior deceased husband, or the surname of a prior living husband if she has children who have that husband’s surname.  If a man changed his surname upon marriage, he may revert to his pre-marriage surname. Continue reading “How To Change Your Name After Divorce”

I NEED EMERGENCY CHILD CUSTODY!

Do You Want To File For Emergency Child Custody?

Requirements:

The child or children is at SUBSTANTIAL risk that:

1.  The child or children will suffer bodily injury or sexual abuse, or

2.  The child or children will be removed from the State of North Carolina FOR THE PURPOSE of EVADING THE JURISDICTION of the North Carolina courts. Continue reading “I NEED EMERGENCY CHILD CUSTODY!”