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The attorneys at Hatcher Law Group are not tax professionals and we recommend consulting an accountant or tax advisor to determine the best options for your situation. Her ex, Bill, alleges she earns more income than she says she does. If the judgment of divorce is already entered, the wife will have to go through a name change in Special Proceedings Court. Contacting our law firm does not imply any form of attorney-client relationship. As a spouse, you are entitled to an "equitable" share of all marital property. Annulment, available under limited grounds, means that the marriage was never valid in the first place, and so now is null and void. However, a "Divorce from Bed and Board" may be available under certain circumstances, such as: - Endangering the life of your spouse. Yes, your spouse may be able to obtain a subpoena that would demand your service provider to turn over those records (if they are still available). Either you or your spouse must have resided in the state for six monthsbefore filing the divorce action. An unrepresented party may consider consulting various Internet directories and websites to locate a certified family law mediator. This means that neither party has to allege the other has committed a fault ground in order to obtain a divorce. Before we embark on the discussion of jury trials in divorce and divorce related cases, let's briefly define a "jury trial". Many women change their last name when they divorce.

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That's why divorce consistently ranks at number 2 as one of the most stressful life events. Custody evaluations may take anywhere from a week to a month or possibly longer, depending on how in-depth the evaluation is. There are distinct differences between mediation and arbitration, and meeting with an experienced family law attorney will be helpful in determining the best approach for resolving your matter based on the facts and circumstances of your case. You're unsure about your marital assets and their value. If you want an absolute divorce, the court doesn't care that your husband cheated. Is someone other than a biological parent responsible for paying child support? Simply put, a parent has a Fourteenth Amendment right to care for and nurture his or her child. Either of the two who married was physically impotent. By the time a jury was able to hear the action for divorce from bed and board, it may very well be close to the time when a party could file for divorce. If your case is not settled out of court via an out of court agreement or through a consent order, then your claim for alimony will be decided by a judge. However, only the value of the pension or retirement plan that was accrued while the couple was married is considered marital property and will be divided. What is a Separation Agreement?

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Earnings and potential earnings of both spouses. Child support is based on a guideline amount provided by North Carolina's statutes. A jury trial may be requested in a Complaint for annulment. Hiring a separation agreement attorney will ensure that your rights are protected. However, any property which you two acquire together after you have reconciled will be marital property and can be subject to equitable distribution if you separate again. In North Carolina, cases may be decided by a jury or a judge dependent upon what type of case is being tried (e. g. a personal injury case, or a child custody dispute). As for the duration and amount of alimony, North Carolina law lists 16 alimony award factors.

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One party might feel that a jury would be fair when a judge might not appreciate the situation. Still, you need to make sure that you meet the legal definition of "separation. " Resources are available if you or someone you know is in an abusive relationship. These estate rights are enumerated in North Carolina General Statute § 31A-1. In domestic violence matters, a person's physical safety is often at stake and orders need to be issued immediately not several months down the line in front of a jury. Instead, the party would file a lawsuit asking the court to set child support for the first time. Which parent is allowed to claim a child as a dependent for tax exemption purposes? However, if you and your spouse have merely divided your property and have not entered into a Separation and Property Settlement Agreement, you are still entitled to file a claim for equitable distribution as long as it is filed prior to an absolute divorce being granted. The court may renew the protective order for an additional fixed period of time, not to exceed one year. Before signing such an agreement, you should speak with an experienced family law attorney. These two civil actions are alive and well in North Carolina despite the fact all but six states have abolished these causes of action. Some people mistakenly believe that all property and debt issues must be resolved before their divorce can be finalized. Those rates are close to the national average rates for family lawyers. Filing for divorce is not the only tough decision a spouse has to make when a marriage hits rock bottom.

Conversely, the husband cannot request that his wife be forced to resume the use of her maiden name. If you and your spouse are not able to do this, you'll have to go to court. How do I find an arbitrator? Any juror may be removed by the judge if there is a clear bias on the part of the juror. A plaintiff files a divorce complaint with the Clerk of Court in the county where the estranged spouse lives. Alimony (With The Exception of a determination of "fault" as discussed below).