Most states do not require any type of waiting period or separation prior to filing or getting a divorce. North Carolina, however, is not in the majority. Here, the law requires you and your spouse to be separated for one year before you can get a divorce. To fulfill this obligation, you must liv...
Whether you are facing a divorce or you never married your child's other parent, creating an effective parenting plan that best meets your child's needs is essential. This is especially important –and more difficult –when you are co-parenting infants and toddlers. A dedicated family law attorney ...
Drug or alcohol abuse is a leading cause of divorce, and it can have a devastating effect on your relationship with your children. After your divorce is final and you have your parenting plan in place, you may be concerned that going to rehab or seeking other treatment for your addiction will aff...
Courts across the country are considering what happens to frozen embryos when a couple divorces. Although North Carolina courts have not yet faced this issue, with couples increasingly using assisted reproductive technology to start a family, a precedent-setting case may not be far in the future....
Divorce affects the entire family. When you start negotiating a divorce settlement and parenting plan, you make every decision with your child's best interests in mind. Even if your child is very young, you may worry about how you will pay for a college education and if this is something you shou...
Traditionally, when a couple marries, one spouse takes the other's last name. When the couple has a child, they give the child the family's last name. Unfortunately, some marriages end in divorce, and child custody may be a contentious issue. When the divorce is final, one spouse, usually the mot...
A North Carolina divorce is a stressful, emotional process, and you will probably feel immense relief when you receive your final divorce decree. However, you still have loose ends to tie up before your divorce is really complete. Your final divorce decree specifies who gets which assets, but it ...
A parent's death is an emotionally trying time. If the custodial parent dies, the non-custodial parent may wonder who will have custody of the child. If the non-custodial parent dies, the custodial parent may question what relationships must continue with the deceased parent's family. North Caro...
Divorce can take a heavy toll on your finances and your family life, but an often overlooked aspect is the negative effect that divorce can have on your health. This affects both your psychological and physical health, sometimes to the point where you are unable to function at work, effectively p...
Even in the most amicable divorces, the process can be exhausting for both parties. If the divorcing spouses cannot agree on key issues, the process takes much longer, and the parties may wonder if their divorce will ever be final so they can move on to new relationships. Some divorcing couples f...
In North Carolina, married couples decide to divorce for a variety of reasons, with the most common being financial problems and adultery. However, in recent years, more couples are listing social media as the reason for their divorce. Seemingly innocent discussions on social media can lead to em...
In a North Carolina divorce, couples sometimes consider using just one attorney to prepare the paperwork, especially when they agree on most issues. Divorce is expensive for both parties, and the couple may believe that sharing an attorney will reduce costs. However, legally, you and your spouse ...
Divorce is stressful for all parties involved, including children, especially when the divorce is filled with resentment and anger. Children need to maintain meaningful relationships with both parents, so shielding them from conflict between parents is essential for their well-being. Divorcing pa...
Divorce cases can be volatile, especially if one of the spouses has committed adultery. In North Carolina, couples must be separated for one year before the court will grant them an Absolute Divorce, and the law does not make an exception for adultery. Although North Carolina is a "no fault" divo...
In North Carolina divorce cases where domestic violence exists, the abuse does not always end when the couple separates. While people often picture black eyes, split lips, and bruises as the signs of domestic violence, the unseen effects of emotional abuse and stalking can be just as debilitating...
Gray Divorce -- when divorcing couples are over age 50 -- is becoming more common in North Carolina and across the United States. According to one study published in The Journals of Gerontology: Series B in November 2012, approximately 25 percent of all divorces in the United States occur to peop...
Dividing property is often a contentious issue in a North Carolina divorce. You may have accumulated substantial assets during your marriage, including the family home, vehicles, retirement accounts, and investments. You may have also accumulated large amounts of debt that must be divided as well...
In a typical North Carolina divorce case, each spouse hires their own attorney to represent them. However, in some instances, one spouse chooses not to hire an attorney. This may be for financial or personal reasons. Divorce can be a slow and frustrating process even under the best circumstances,...
North Carolina law specifies that child custody orders must reflect the best interest of the children. To create a stable environment, this often means that one parent has primary physical custody of the children and the other has visitation rights, even when the parents share joint legal custody...
For many small business owners, their business is their main source of income and their most valuable asset. When North Carolina small business owners find themselves in the midst of the divorce process, they may worry about what will happen to their business -- or if it will even be part of the ...
In North Carolina and across the United States, couples are rushing to finalize their divorces by December 31, 2018. The Tax Cuts and Jobs Act of 2017 goes into effect on January 1, 2019, and affects how alimony is taxed for both the paying spouse and the recipient. Divorcing couples should also ...
The discovery process in your North Carolina contested divorce gives your attorney the chance to gather facts and information to build the strongest case on your behalf. As part of this process, you may need to go through a deposition. A deposition is a statement made under oath, and it may be us...
Many families are blended families these days. In some step families, the child's biological parent is an active part of their lives, sharing custody, parenting time, and all the rights and responsibilities of parenthood. However, in other families, the child's biological parent has died or is no...
With the rise of social media, more people are victims of cyberstalking. This is a serious crime that creates real fear for the victim and real danger when combined with physical stalking. North Carolina is one of only six states to have a specific criminal cyberstalking law. Cyberstalking can d...
Most divorces are standard, with one or both spouses working outside the home, earning a paycheck, and regularly contributing to retirement accounts. The process becomes more complicated when the couple has acquired substantial assets during their marriage, owns a business, or has children. So, s...
Here at Jerkins Family Law, we are focused and deliberate in fighting for a better solution for you. Do you need a skilled and passionate attorney to protect what matters to you the most? Then Jerkins Family law is ready to navigate you to a perfect solution to serve your legal needs.
