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...
Typically, when a divorcing couple in North Carolina has children, the court orders the non-custodial parent to pay ongoing child support. Initially, the court determines the amount based on the number of children, the custody arrangement, and the gross income of each parent. However, circumstanc...
The news is flooded with stories of domestic violence, and in the most tragic cases, someone loses their life at their partner's hands. In the United States, three people lose their lives every day to domestic violence, and North Carolina residents are not immune to this. North Carolina law provi...
Divorce and child custody cases in North Carolina often affect more than just parents and children. Grandparents are a vital piece of a child's extended family, and changes in custody can affect how and when -- or even if -- grandparents can see their grandchildren. North Carolina law gives gran...
When a married couple has a child, North Carolina law assumes the mother's husband is the father and gives the child all the rights of legitimacy, including the right to develop a relationship with both parents. However, when an unmarried mother gives birth to a child, the same assumption is not ...
In a contested child custody case, your ex-spouse may bring up any and every negative thing youve ever done in your life. An ex could even exaggerate or lie about how your past behavior could endanger your child, including any current or prior drug use. A positive drug test could put your child ...
Tens of thousands of American families open up their homes to adopted children every year. This includes adoptions of children from foreign countries, including children with special needs and medical issues. However, the total number of foreign adoptions in the U.S. has declined in the past deca...
After a divorce in North Carolina, either spouse could be granted alimony, or spousal support. The court may also decide not to award either spouse alimony. Whether the court will award alimony depends on a number of factors but it does not depend on the sex of the spouse. Historically, women re...
After a contested child custody case, divorced parents may still have problems and conflicts. This could involve making visitation more difficult, including moving further away. In some cases, one parent may plan to move out of state and take the children with them. This can make it much more dif...
A divorce in North Carolina is known as an “absolute divorce.” This means that once a judge signs the judgment for an absolute divorce, the divorce is final. After the order is issued you cannot change your mind or have the court reinstate your marriage. The only option going forward if you want ...
Losing your job can be a very stressful time. It can cause stress in your family as you worry about whether you will be able to find a new job before your savings run out. However, for parents dealing with a custody dispute, the loss of a job can be even more stressful as a parent worries about h...
Child custody can get complicated when parents argue over where their child will live and how they will be raised. Even if one parent thinks they provide a better home for their child, the courts position is generally that both parents should share custody. However, custody can be even more comp...
Child custody plans depend a lot on whether the parents decide on custody between themselves or a judge has to decide custody. There are a lot of factors that go into making child custody decisions, including the childs preference for who he or she wants to live with. As the child gets older, th...
When you have to move because of a new job or to be closer to family, you have to be prepared for a lot of changes. This may mean a new school district, new job, and new neighborhood. However, moving can be more complicated when you have shared child custody. With a long-distance move, shared cus...
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.
