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What to Expect During the Adoption Process in Raleigh, North Carolina

Tue, 14 Apr 2026 22:00:04 GMT

What to Expect During the Adoption Process in Raleigh, North Carolina

Adoption is one of the most meaningful ways to grow your family, offering a child a loving and stable home while creating lifelong bonds. While the journey is deeply rewarding, the legal process can feel complex without the right guidance. If you are considering adoption in Raleigh, North Carolina, understanding what to expect at each stage can help you move forward with confidence.

At Jerkins Family Law , families across Raleigh receive compassionate legal support throughout the adoption process , ensuring every step is handled properly so you can focus on welcoming your child.

Understanding the Adoption Process in North Carolina

Adoption in North Carolina involves several legal steps designed to protect the best interests of the child and ensure that all parties meet state requirements. Whether you are pursuing stepparent adoption, relative adoption, or another type, the process generally follows a similar structure.

Working with a knowledgeable adoption attorney in Raleigh can help you avoid delays and ensure everything is completed correctly the first time.

Step 1: Determining the Type of Adoption

The first step is identifying the type of adoption that fits your situation. In Raleigh, common types include:

Stepparent adoption
Relative (kinship) adoption
Agency or private adoption
Foster care adoption

Each path has unique legal requirements, and choosing the right one is essential. Jerkins Family Law helps families evaluate their options and choose the approach that aligns with their goals.

Step 2: Filing the Adoption Petition

Once you’ve determined the type of adoption, your attorney will prepare and file the necessary legal documents with the court. This includes:

Adoption petition
Background information
Required consents

Accuracy is critical at this stage. Even minor errors can delay the process. Jerkins Family Law ensures all paperwork is completed thoroughly and submitted on time.

Step 3: Consent and Termination of Parental Rights

Before an adoption can proceed, the biological parents’ rights must be legally addressed. This may involve:

Voluntary consent from a parent
Legal termination of parental rights through the court

This step can be one of the most sensitive and legally complex parts of the process. Having a trusted Raleigh adoption attorney helps ensure everything is handled respectfully and in compliance with North Carolina law.

Step 4: Home Study and Background Checks

In many adoption cases, North Carolina requires a home study. This evaluation assesses whether your home provides a safe and stable environment for a child.

The process may include:

Interviews with household members
Home inspections
Financial and background checks

Jerkins Family Law helps you prepare for this step so you know exactly what to expect and how to present your home in the best light.

Step 5: Court Hearings and Review

After all requirements are met, your case will move to the court for review. A judge will examine:

Submitted documentation
Compliance with state laws
The best interests of the child

Your attorney will represent you during this stage, ensuring your case is clearly presented and all legal standards are satisfied.

Step 6: Finalization of the Adoption

The final step is the adoption hearing, where the judge officially approves the adoption. This is often a joyful and emotional moment for families.

Once finalized:

You receive a legal decree of adoption
The child becomes a permanent member of your family
You can request an updated birth certificate

Jerkins Family Law is honored to guide families through this life-changing milestone and celebrate alongside them.

Common Challenges to Be Aware Of

While every adoption journey is unique, some common challenges include:

Delays due to incomplete paperwork
Complications with consent or parental rights
Extended timelines for home studies or court scheduling

Having a Raleigh adoption attorney by your side can help minimize these issues and keep your case moving forward.

Why Work With Jerkins Family Law?

Choosing the right legal team can make a significant difference in your adoption experience. Jerkins Family Law works closely with families in Raleigh, providing:

Clear communication at every stage
Careful preparation of all legal documents
Support through complex legal requirements
Guidance tailored to your unique situation

Their commitment is to make the adoption process as smooth and stress-free as possible, so you can focus on building your family.

Start Your Adoption Journey Today

Adoption is a powerful step toward building the family you’ve always envisioned. While the legal process may seem overwhelming, you don’t have to navigate it alone.

Jerkins Family Law is here to help guide you through every step with care and attention.

�� Call 919-719-2785 today to schedule a consultation and begin your adoption journey in Raleigh, North Carolina.

How Does Legal Separation Work in North Carolina?

Wed, 18 Mar 2026 02:30:01 GMT

How Does Legal Separation Work in North Carolina?

Legal separation can be an important option for married couples who need time apart but are not ready to pursue divorce. In North Carolina, separation allows spouses to live separately while remaining legally married, often creating structure around finances, parenting responsibilities, and daily life. Understanding how legal separation works can help individuals make informed decisions during a time of uncertainty.

For families in Raleigh and throughout Wake County, legal separation is often the first step toward clarity—whether reconciliation is possible or divorce may eventually follow.

What Is Legal Separation in North Carolina?

North Carolina does not require spouses to file paperwork with the court to become legally separated. Instead, legal separation occurs when spouses live separate and apart with the intent that the separation be permanent. This typically means living in different residences and no longer presenting yourselves as a married couple.

Although separation itself is not granted by a judge, the decisions made during this time can have lasting legal and financial effects.

Is a Separation Agreement Required?

A separation agreement is not required by law, but it is often strongly recommended. A separation agreement is a written contract between spouses that outlines important matters such as:

Division of property and debts
Child custody and parenting schedules
Child support and spousal support
Responsibility for household expenses

Having a clear agreement in place can help prevent misunderstandings and reduce conflict while spouses are living apart.

How Long Do You Have to Be Separated Before Divorce?

In North Carolina, spouses must live separate and apart for at least one year before filing for an absolute divorce. Legal separation marks the beginning of this required period. During this time, families often address financial arrangements and parenting plans to create stability. Understanding how separation fits into the divorce timeline can help individuals plan ahead and avoid unnecessary delays.

How Does Legal Separation Affect Children?

For families with children, legal separation provides an opportunity to establish routines and parenting arrangements that support consistency and well-being. While separation does not automatically create court orders for custody or support, parents may include these terms in a separation agreement or seek court involvement if needed. Courts in North Carolina prioritize the best interests of the child when disputes arise.

How Does Separation Impact Finances and Property?

Legal separation plays an important role in property division and financial responsibilities. In many cases, the date of separation determines which assets and debts are considered marital versus separate. Decisions made during this period can affect future property division and support arrangements. Careful planning during separation can help protect financial interests and reduce disputes later.

Can Legal Separation Be Temporary?

Yes. Some couples choose separation as a temporary arrangement while they evaluate the future of their marriage. Others view separation as a step toward divorce. Regardless of intent, it is important to understand that actions taken during separation may influence long-term legal outcomes.

Why Legal Guidance Matters During Separation

Although separation may seem straightforward, it often involves complex legal and financial considerations. Having knowledgeable legal guidance can help you understand your rights, responsibilities, and available options. Support during this stage can also help prevent mistakes that may affect future proceedings.

Jerkins Family Law works with individuals and families throughout Raleigh and Wake County to provide clear guidance during legal separation. Whether separation is temporary or part of a longer-term plan, the firm is committed to helping clients navigate this transition with care and confidence.

Talk to a Raleigh Legal Separation Attorney Today

If you are considering legal separation in North Carolina, taking the time to understand how the process works can help you make informed decisions for yourself and your family. Jerkins Family Law is here to help you explore your options and plan your next steps.

Call Jerkins Family Law at 919-719-2785 to schedule a consultation and discuss your legal separation concerns today.

What Should I Know Before Filing for Divorce in Raleigh, North Carolina?

Wed, 18 Feb 2026 03:00:07 GMT

What Should I Know Before Filing for Divorce in Raleigh, North Carolina?

Deciding to file for divorce is a major life decision that can affect your family, finances, and future. If you are considering divorce in Raleigh, North Carolina, understanding what to expect before taking the first step can help you make informed choices and avoid unnecessary stress. Divorce is not just a legal process—it is a transition that requires careful planning and clear information.

Before filing, it is important to understand how North Carolina divorce laws work and how they may apply to your unique circumstances. Taking time to prepare can help you protect your interests and set the foundation for a more stable path forward.

Understanding North Carolina’s Divorce Requirements

North Carolina requires that spouses live separate and apart for at least one year before an absolute divorce can be granted. This separation must involve living in separate residences with the intent for the separation to be permanent. Unlike some states, North Carolina does not recognize legal separation through a court order—physical separation is required.

While the divorce itself may be considered “no-fault,” issues such as child custody, child support, spousal support, and property division often require careful attention and legal guidance.

Know the Difference Between Divorce and Related Legal Issues

Before filing for divorce in Raleigh, it is important to understand that divorce resolves the marriage, but it does not automatically settle all related matters. Many families must also address:

Child custody and parenting arrangements
Child support obligations
Spousal support considerations
Division of marital property and debt

These issues can significantly impact your financial stability and family dynamics long after the divorce is finalized. Addressing them thoughtfully from the beginning can help reduce conflict and confusion later.

Consider How Divorce May Affect Your Children

If you have children, their well-being should be a central consideration before filing for divorce. North Carolina courts prioritize the best interests of the child when making custody decisions. Parents who take a cooperative, informed approach are often better positioned to create parenting arrangements that provide stability and consistency for their children. Planning ahead and understanding your options can help minimize disruption to your children’s daily lives during this transition.

Gather Important Financial and Personal Information

Preparation is key when filing for divorce. Before moving forward, it can be helpful to gather important documents such as:

Income and employment records
Bank statements and financial accounts
Property and asset information
Debts and ongoing expenses

Having accurate information early can help you better understand your financial position and make informed decisions throughout the divorce process.

Understand That Not All Divorces Go to Court

Many people assume that divorce automatically leads to courtroom battles. In reality, many divorce-related issues in Raleigh can be resolved through negotiation or mediation. Exploring these options may help reduce stress, save time, and maintain a more cooperative approach—especially when children are involved. Legal guidance can help you evaluate whether alternative resolution methods may be appropriate for your situation.

Why Legal Guidance Matters Before Filing

Filing for divorce without fully understanding your rights and responsibilities can lead to unintended consequences. Decisions made early in the process can affect custody arrangements, financial outcomes, and long-term stability. Having knowledgeable legal support before filing can help you understand your options and avoid common mistakes.

At Jerkins Family Law , individuals and families in Raleigh and Wake County receive guidance designed to help them navigate divorce with clarity and care. The firm is committed to helping clients understand the process, prepare effectively, and move forward with confidence.

Speak With a Raleigh Divorce Attorney Before Filing

If you are considering divorce in Raleigh, North Carolina, taking the time to seek information and guidance can make a meaningful difference. Jerkins Family Law works with clients from the earliest stages of separation through resolution, offering steady support during a challenging time.

Call Jerkins Family Law at 919-719-2785 to schedule a consultation and discuss your options before filing for divorce.

How Long Does Divorce Take in NC? | Raleigh Separation Guide

Mon, 16 Feb 2026 17:56:26 GMT

How Long Does Divorce Take in NC? | Raleigh Separation Guide

If you are considering dissolving your marriage in the Triangle, one of the first questions you’re likely asking is, “How long will this take?” At Jerkins Family Law , we understand that when you’re ready to move forward with your life in Raleigh, you want the process to be as efficient—and predictable—as possible.

If you have questions about your specific situation, call us at (919) 719-2785 or contact us online to discuss your case.

Divorce in North Carolina follows a very specific timeline that is different from many other states. While some states allow immediate filing, North Carolina law imposes mandatory waiting periods that shape how long the process takes from start to finish.

Below is what you need to know.

The North Carolina Divorce Timeline

In North Carolina, divorce is not simply a matter of filing paperwork. The process unfolds in several stages:

Mandatory Separation

Before you can file for divorce, North Carolina law requires spouses to live separate and apart for one year and one day . This separation starts the legal “clock” and is non-negotiable.

Negotiation During Separation

During the separation period, many couples work toward resolving key issues such as property division, finances, child custody, and support. This is typically done through a Separation Agreement , which can be drafted at any point after separation.

Filing for Divorce

Once the one-year-and-one-day separation requirement is met, one spouse may file a Complaint for Absolute Divorce , usually at the Wake County Justice Center for Raleigh residents.

Service of Process

After filing, the divorce papers must be legally served on the other spouse. Depending on the method used—such as the Sheriff’s Office or certified mail—this can take anywhere from a few days to about a month.

Waiting Period

After service is complete, North Carolina law provides a 30-day window for the other spouse to file an official response, known as an “Answer.”

Finalization

If everything is in order and the divorce is uncontested, a judge typically signs the Divorce Decree within 45 to 90 days , officially ending the marriage.

What Is the Mandatory Separation Period in North Carolina?

Under N.C. Gen. Stat. § 50-6 , spouses must live “separate and apart” for one year and one day before filing for an absolute divorce.

In Raleigh and throughout Wake County, “separate and apart” means:

Living in two different residences , and
At least one spouse intends the separation to be permanent.

Simply sleeping in separate bedrooms within the same home in Cary, Apex, or Raleigh does not meet the legal requirement. Once the separation period is complete, the remaining legal process usually takes an additional 45 to 90 days .

Can Property and Assets Be Divided Before the Divorce Is Final?

Yes. Although you must wait a year to obtain an Absolute Divorce , you do not have to wait that long to resolve financial issues.

Through a Separation Agreement and Property Settlement , spouses can divide:

Real estate in Raleigh or surrounding areas
Retirement accounts and investments
Vehicles and personal property

North Carolina follows the principle of equitable distribution , meaning assets are divided fairly, though not always equally. When spouses reach an agreement outside of court, these matters can often be finalized months before the divorce itself.

If court intervention is required—such as when complex business interests or high-value assets are involved—the process can take significantly longer.

How Is Child Custody Determined in Wake County?

Child custody decisions are always made based on the best interests of the child . Custody can be resolved at any time after separation. If parents cannot reach an agreement, Wake County generally requires mandatory custody mediation before a judge will hear the case.

An agreed-upon custody arrangement can sometimes be finalized in a matter of weeks. However, contested custody disputes may take many months, depending on court availability and the complexity of the family’s circumstances.

Who Gets the Dog? Pet Issues in North Carolina Divorce

As painful as it can be, North Carolina law treats pets as personal property , not as children. There is no legal standard for the “best interests of the pet.”

That said, many modern Separation Agreements include pet provisions , sometimes informally called “pet treaties,” which may address:

Visitation schedules
Shared veterinary expenses
Decisions regarding long-term or end-of-life care

If a judge must decide, they typically consider who paid for the pet, who provides primary care, and whose name appears on veterinary or microchip records.

What Factors Can Speed Up or Delay a Raleigh Divorce?

Every divorce is different, but several factors commonly affect timing:

Cooperation: Uncontested divorces move far faster than litigated cases.
Service of Process: Difficulty locating or serving a spouse can add weeks.
Court Backlogs: Wake County courts handle a high volume of cases.
Paperwork Accuracy: Errors or omissions can cause costly delays or dismissals.

Take the First Step Toward Your New Beginning

At Jerkins Family Law , we understand the emotional and financial weight that comes with separation and divorce. Our goal is to help Raleigh families move forward with clarity, dignity, and confidence.

Don’t wait to start protecting your future. Call Jerkins Family Law at (919) 719-2785 or contact us online to schedule a free case evaluation .

How Is Child Custody Determined in Raleigh, North Carolina?

Sun, 18 Jan 2026 23:18:30 GMT

How Is Child Custody Determined in Raleigh, North Carolina?

When parents separate or divorce, one of the most important and emotionally challenging questions is how child custody will be decided. If you are facing a custody matter in Raleigh, North Carolina, understanding how courts make these decisions can help you feel more prepared and confident as you move forward. While every family’s situation is unique, North Carolina law provides guidance on how custody determinations are made, always with the child’s well-being as the central focus.

What Does “Child Custody” Mean in North Carolina?

In North Carolina, child custody refers to the legal authority and responsibility to care for and make decisions for a child. Custody is generally divided into two categories:

Legal custody , which involves decision-making authority over important matters such as education, healthcare, and religious upbringing
Physical custody , which determines where the child lives and who is responsible for daily care

Courts in Raleigh may award sole custody to one parent or joint custody , where both parents share responsibilities, depending on what arrangement best supports the child.

What Factors Do Raleigh Courts Consider When Deciding Child Custody?

Family courts in Raleigh and throughout Wake County base custody decisions on the best interests of the child . Rather than following a strict formula, judges evaluate a range of factors, including:

Each parent’s ability to provide a safe, stable, and supportive home
The child’s age, needs, and overall well-being
The relationship between the child and each parent
Each parent’s involvement in the child’s daily life, education, and activities
Any history of domestic violence, substance abuse, or neglect
Each parent’s willingness to encourage a healthy relationship between the child and the other parent

The goal is to create a custody arrangement that promotes consistency, security, and emotional stability for the child.

Does the Child’s Preference Matter in Raleigh Custody Cases?

In some cases, a child’s preference may be considered, particularly if the child is mature enough to express a reasoned opinion. However, there is no specific age at which a child can decide custody in North Carolina. The court will weigh the child’s wishes alongside all other relevant factors, ensuring the final decision supports the child’s best interests.

Can Parents Create Their Own Custody Agreement?

Yes. Many parents in Raleigh are able to reach a custody agreement outside of court through negotiation or mediation. When parents work together to develop a parenting plan, they often maintain greater control over the outcome and reduce stress for their children. If the court finds the agreement to be fair and beneficial to the child, it can be formally approved and made legally binding.

If parents are unable to agree, the court will step in and issue a custody order after reviewing the circumstances of the case.

How Does the Court Handle Joint Custody in Raleigh?

Joint custody does not always mean equal parenting time. Instead, it means both parents share responsibility for the child in a way that supports the child’s needs. Courts may design a schedule that considers school, work schedules, and the child’s routine, ensuring minimal disruption to daily life.

Can Child Custody Orders Be Modified in Raleigh, NC?

A child custody order can be modified if there has been a substantial change in circumstances affecting the child’s well-being. Examples may include relocation, changes in a parent’s ability to provide care, or concerns about the child’s safety. The court will review the updated situation and determine whether a modification serves the child’s best interests.

Why Legal Guidance Matters in Raleigh Child Custody Cases

Child custody cases involve legal procedures, detailed documentation, and emotionally charged issues. Having knowledgeable legal guidance can help you understand your options, protect your parental rights, and pursue an arrangement that supports your child’s future. Compassionate support throughout the process can also help reduce conflict and keep the focus where it belongs—on your family.

Speak With a Raleigh Child Custody Lawyer Today

If you are facing a child custody matter in Raleigh, North Carolina, Jerkins Family Law is here to help you navigate your options with care and clarity. Every family deserves thoughtful guidance during difficult transitions.

Call Jerkins Family Law at 919-719-2785 to schedule a consultation and discuss your child custody concerns today.

So, You’re Adopting Your Teenage Stepchild

Thu, 02 Mar 2023 18:32:53 GMT

If you're ready to formalize the parental role you play in your stepchild's life through adoption, you're taking a big step — one that will offer you and your child many benefits.

That doesn't mean that it'll be easy.

Adoption can be far from straightforward. Here, we'll provide need-to-know information about adopting an older child with as few road bumps as possible.

The Benefits of Adopting Your Teenage Stepchild

You may wonder why it's necessary to formalize your relationship with your stepchild.

Teenage stepchild adoption can provide many perks, including:

Financial benefits. Legal custody helps link your stepchild to your inheritance and insurance.
Permanence. Adoption can confer a sense of stability and even finality, which brings with it emotional benefits.
Logistical parental status. If you don't have a biological or legal relationship with your stepchild, some day-to-day parenting tasks (doctor's appointments, school pickups) can be rife with frustrating, unhelpful obstacles.

Next, let's discuss how you can start working towards these benefits.

Essential Considerations with an Older Child Adoption

In many adoptive scenarios, there is no relationship between the adopter and the adoptee. This necessitates a complicated process, including an extensive home study (and an incredible amount of background checks and paperwork).

Since your child already knows you and may even live in your shared home, you may be able to skip a few of these steps.

One step you can't skip? An older child will likely need to consent to their own adoption. This will occur in court, which can be stressful. Speak with your attorney and your child to soothe any worries about this step.

You may also need to consider your stepchild's other biological parent. In some cases, they may need to formally relinquish their legal parenting rights for your adoption to move forward. This can be emotionally taxing for everyone involved.

From the initial application through to finalized paperwork, your attorney will be able to help you make this process as smooth as possible.

Need Help? Call North Carolina Family Law Attorneys

Adopting your teenage stepchild requires consideration to ensure you don't encounter undue challenges. Having knowledgeable attorneys at Jerkins Family Law at your side will help. Call us at 919-719-2785 for more information, or contact us online to learn about our services.

Protecting Privacy Surrounding Spousal Support

Thu, 16 Feb 2023 18:30:16 GMT

When you're living through the aftermath of a separation or divorce , the last thing you need is a breach of your privacy.

The entire process of figuring out fair spousal support already felt like putting your life out there for everyone to see!

Now, you (or your ex) have divulged private information about your arrangement online, and you're unsure what to do.

First things first: Do these arrangements have to stay private? If that privacy has been breached, who has the right to do something about it — and what happens next?

Two Can Keep a Secret (Or Can They?)

To determine the levels of required privacy for you and your partner, check your prenuptial, separation, or divorce papers. The terms you and your partner agreed upon may have included misconduct or defamation clauses. Any privacy-breaching statements could affect spousal support if you or your partner have demonstrably broken any agreement you made.

If you believe that your ex has acted out of line and you're interested in pursuing legal action, reach out to an attorney. Likewise, if you're worried that your actions could put your spousal support payments at risk, your attorney is the first person to go to. Don't delete any posts or talk to your ex before you do so, even to apologize!

Protecting Yourself, Your Sanity, and Your Future

If a breach hasn't occurred, now might be a good time to take practical steps to avoid any privacy concerns surrounding your spousal support arrangements.

These include:

Changing your passwords for bank, email, and social media accounts.
Keeping your important documents (whether they be hard copies or files on your computer) in a safe, protected place
Forwarding your mail, if you have changed residences
Avoiding social media or using it less in the immediate aftermath of a separation

Call North Carolina Family Law Attorneys Today

Navigating the aftermath of a divorce is stressful for all involved. If you require assistance figuring out how to protect your privacy (and your ex's), especially surrounding spousal support, give Jerkins Family Law a call at 919-719-2785 (or reach out online ). Our skilled attorneys will be happy to answer any questions you may have.

Biggest Obstacles to Stepparent Adoption in North Carolina

Fri, 10 Feb 2023 18:26:52 GMT

In marriages where one parent has a child from a previous marriage, it's quite common for the new stepparent to want to adopt the child legally. There are definitely advantages to doing so; it gives the stepparent more rights in making decisions for the child, making the child eligible for an inheritance, for example. However, adopting a stepchild isn't always as straightforward as it seems, especially in North Carolina. If you're a stepparent thinking to adopt, let's take a closer look at some of the challenges you may face.

Getting Consent from the Other Biological Parent

For many families, this one issue is the single greatest obstacle to stepparent adoption. Under North Carolina law, a child may only have two legal parents. If the other biological parent is still living, they must consent to give up their parental rights, or those rights must be legally terminated.

If the other parent is willing to relinquish their rights, they only need to fill out a consent form, and the adoption can move forward. The problem, of course, is that not every family situation is amicable. If the other parent doesn't want the child to be adopted by the stepparent—for whatever reason—they have the right to deny consent. At that point, the burden of proof is on you to convince the courts that it's in the child's best interests to terminate the other parent's rights. The judge may be willing to consider this if you can show any of the following:

The biological parent has a pattern of abuse
The biological parent has had little to no involvement in the raising or support of the child (i.e., they have forfeited their rights by their lack of action)
The biological parent has failed to meet their obligations regarding the child (e.g., child support, visitation)

Consent of the Child

Another hurdle you must overcome is that under North Carolina law, if the child is 12 years old or older, you must have their consent to adopt them legally. In other words, if a teenage child doesn't want to be adopted, you can't do it—plain and simple. If you find yourself in this situation, the only way around this hurdle is to invest in the relationship and build enough trust so the child can be convinced that it's in their best interests to be adopted.

Meeting the Other Requirements

North Carolina has a few other requirements for stepparents before legally adopting their stepchildren. These include the following:

You must be married to one of the biological parents for at least 6 months. (Living together before marriage doesn't count.)
You have to live in the same home with the biological parent and the child. (No in-name-only adoptions, in other words.)
You must be a resident of North Carolina for at least 6 months before petitioning for adoption.
You have to pass a criminal background check, and you may be visited by a social worker who evaluates the home situation before recommending the adoption.

Jerkins Family Law has plenty of experience in parental rights and adoption cases in North Carolina. If you want to adopt a stepchild, we can help you overcome many of these challenges. Call us today at 919-719-2785 or contact us online.

Lost Your Job? What to Know About Child Support

Tue, 07 Feb 2023 18:24:34 GMT

Child support is a way for both parents to contribute financially to a child's well-being, even after a separation or a divorce. If you're paying child support, the amount you pay was likely determined by a court when you separated. Many factors influence how much child support you pay, including your take-home salary.

What happens if that changes?

If you lose your job or take a significant pay cut, do you still have to pay the total amount for child support?

Paying Child Support When Circumstances Change

The short answer is simple: If you have lost your job, you are not exempt from paying child support.

However, you may have options that can make your life easier during a difficult time (especially if your unemployment came as a surprise).

Talk to a family law attorney if you realize you can't make child support payments because of a change in income. Then, let your co-parent know that you've lost your job.

Then, you and your attorney can tackle the following:

First, you'll see if you're eligible for unemployment benefits in your state. According to North Carolina Child Support Services , you're still required to pay child support if you're unemployed. These benefits can help.
Your attorney can then determine whether you can petition to modify your divorce or child support order due to your change in circumstances.
You'll attend an order modification hearing in court if you are eligible. You may receive new child support guidelines at the end of this hearing. The court may also grant you a temporary suspension of child support until you receive a paycheck again.

Struggling to pay child support is incredibly stressful, and it's certainly not something you should try to navigate solo. Instead, ensure that you have an experienced family law attorney working tirelessly to protect you and your family during this difficult time.

Get in Touch with a North Carolina Family Law Attorney

When you're figuring out how to make the best possible moves during a stressful financial time, you may need assistance figuring out how to pay child support. The attorneys at Jerkins Family Law are ready to answer your questions! Call our offices today at 919-719-2785 , or contact us online .

Do You Ever Have to Pay Child Support for Stepchildren?

Tue, 24 Jan 2023 18:20:57 GMT

Becoming a stepparent is a big responsibility. You no doubt want what's best for your stepchildren, but understanding your legal obligations to them can be confusing. What are your responsibilities when it comes to child support?

Stepparents Are Not Primarily Responsible for Child Support

In North Carolina, stepparents are not primarily responsible for a child's financial support; the biological or adoptive parents are. As a stepparent, you have no legal duty to pay child support if your marriage to the child's parent ends by divorce or death.

However, nothing prevents a stepparent from voluntarily offering support in a “in loco parentis” role. You can choose to provide financial support to a child through a valid separation agreement. By acting “in loco parentis,” you assume the status and responsibility of a parent to the child without formally adopting them.

Stepparents May Be Secondarily Liable

There could be some circumstances in which the stepparent's child support obligation is secondarily liable to the legal parents. When a judge considers your responsibility as a stepparent to pay child support, they consider it against the legal parents' ability to provide support for the child. If the legal parents cannot meet the child's reasonable needs, you could be responsible for making up for the deficiency.

In situations of secondary liability, the judge must determine the stepparent's obligation on a case-by-case basis. The normal rules of North Carolina child support guidelines do not apply.

Determining a Legal Parent's Support Obligation

When the court sets the legal parent's child support obligation, it cannot factor in the stepparent's income. However, one exception to this rule would be if you are providing health insurance to your stepchild. Your health insurance premium for the child can be credited to your spouse when calculating the legal parents' child support obligations.

Skilled Family Law Guidance

If you are a stepparent with questions about your financial responsibilities to your children, we can help. Call us at 919-719-2785 or contact us online. Our experienced family law attorneys can answer all your questions and help you find the best solution for your family.

Credit Challenges After Name Changes (How to Handle)

Fri, 13 Jan 2023 18:36:36 GMT

If you've recently undergone a name change, it's a good idea to double-check your credit score.

Why?

Although changing your name shouldn't affect your credit , it's important to remember that mistakes happen.

The equations that factor into a credit score may not consider identifying info like your name, but real (error-prone) people combine, update, and analyze credit databases and reports.

With each ID change comes the opportunity for typos, mismatches, omissions, and more.

Avoid These Credit-Related Challenges After a Name Change

There are two types of credit errors that crop up with some regularity. These include:

Incomplete credit files that feature data about one person in two separate places
Seemingly-complete credit files that include the data of two different people

These and other anomalies could result in credit errors and changes that could affect your ability to manage your finances as you'd like.

Facing a Credit Challenge? Here's What you Need to Know

First of all, you may be able to prevent credit challenges by changing your name and reporting the update promptly. Start with the Social Security Administration, update your government IDs, and make sure that your credit card company, relevant lenders, and banks are aware of your new name.

If you've uncovered an existing credit error, it's time to contact the credit reporting agency. File a report that includes the following:

Your contact information
Your current name
Any previous names you may have used
Any report or confirmation numbers that could point to a specific erroneous document
A clear description of the error

After filing this report, you may need to pursue further action against the agency if it doesn't correct the error. An experienced attorney can help make the most of this frustrating situation.

Our North Carolina Family Law Attorneys are Here to Help

When you change your name, it can seem like the paperwork never ends — and, even years later, surprising challenges may crop up. If you're dealing with a problematic credit challenge after a name change, contact the attorneys at Jerkins Family Law. We can help you understand your options. Call our team at 919-719-2785 , or reach out online at your earliest convenience.

Reunion After Separation? Here are the Stats

Tue, 10 Jan 2023 20:25:15 GMT

It's a commonly-held idea that 50% of marriages end in divorce. As it turns out, that percentage may be an exaggeration ; but at least we have some idea of divorce's frequency.

What do the numbers say about married couples who legally separate ?

Logic dictates that this population would have a much higher chance of divorcing — but how much?

Post-Separation Outcomes in Percentages

About half of separated couples remain separated for one full year before divorce.

This fraction shows that a separation can be a valuable cooling-off period. This time allows both partners to assess their feelings, future, and what they want.

Approximately 80% of separated couples go on to divorce. 20% reconcile.

Often, the types of differences that drive the decision to divorce (instead of reuniting) include:

That the couple has changed too much since they were initially together. Their updated attitudes and newly-gleaned habits are too much to merge successfully
That the couple has different expectations surrounding their future; perhaps one wants kids, and the other does not

For the 20% that decide to give their marriage another try or even get back together after a divorce, typically, the couple has decided to be flexible about these issues. They may compromise on a long-standing argument or agree to see a specialist to overcome a problem together.

Others find that they were too young and inexperienced the first time or that time apart has shown them that they were happier together.

Regardless of your unique situation, keeping your interests protected is a good rule of thumb. If heartbreak and the difficulty of a divorce are in your future, you don't need to add financial insecurity and legal issues to your plate as well.

Whether you're about to get separated, divorced, or thinking about giving things another go, having the name of a family law attorney on hand is critical.

Your North Carolina Family Law Attorneys are Ready to Support

Navigating a separation? No matter how amicable or tense the proceedings have been, you will need assistance with the logistics. The Jerkins Family Law lawyers can assist you and answer any questions.

Reach out to our team today by calling us at 919-719-2785 , or connect with our team through our online form .

Abandonment and Terminating Parental Rights in North Carolina

Mon, 03 Oct 2022 20:22:19 GMT

Both parents in North Carolina have parental rights; however, in certain cases, such as abandonment, the courts may terminate a parent's rights, deciding that it is in the best interest of the child. Terminating parental rights is serious, so the court does not make the decision hastily.

To terminate parental rights due to abandonment, North Carolina law requires that the child be “willfully abandoned” for six consecutive months unless that child is an infant. In those instances, the parent must have “willfully abandoned” the infant for 60 consecutive days. The actual legislation reads anyone who, “without just cause or provocation, willfully abandons his or her child or children for six months and who willfully fails or refuses to provide adequate means of support.” To terminate parental rights, the remaining parent must provide evidence supporting the claim. In North Carolina, evidence supporting the claim to terminate parental rights must be clear and convincing (which is a higher level of proof than preponderance of the evidence).

How Can You Terminate the Other Parent's Parental Rights?

If an individual is seeking to terminate someone's parental rights, then there are several steps that they should take. First, the person must fall into one of four categories: a parent seeking to terminate the other parent's parental rights; a legally-appointed guardian; a government agency, such as the Department of Social Services (DSS); or a guardian with whom the child has lived for two consecutive and continuous years before the filing.

First, they must file a petition with the court. This petition must include detailed evidence and facts that support the claim of willful abandonment. Once this petition is filed, the court will send out a summons to all parties involved. This summons includes notice that an answer is required within 30 days. If the parent responds, the next step is a hearing with a judge. The judge will decide based on the evidence and what is in the child's best interest. If there is no response within 30 days, the courts may order that the rights be forfeited.

North Carolina Family Law Attorneys

If you are involved in a situation that concerns parental rights, the attorneys at Jerkins Family Law can help. Call 555-555-5556 or contact them online to learn more.

Habits of Couples Who Make it to Their 50th Wedding Anniversary

Wed, 07 Sep 2022 20:19:12 GMT

Let's face it: These days, it's a huge accomplishment for a married couple to make it to their 50th wedding anniversary. In fact, only about 6 percent of couples make it that far, according to Census data . Typically, one of the most common questions we want to ask couples like these is, "How do you do it?"

The truth is, other than just living long enough, those who do make it to their Golden Anniversary, often share common habits which help keep their marriages together. Here are a few of the most important ones:

They Communicate Well.

Good communication is essential for any relationship to thrive, but it's especially important in a marriage. Couples who make it to 50 years or more have usually learned how to communicate effectively with each other. They don't shy away from difficult conversations; instead, they see them as an opportunity to learn more about each other and grow their relationship. They know how to fight constructively, and they know how to make up.

They Have a Shared Vision for Life.

Couples who make it to 50 years or more may not agree on everything all the time, but they do tend to have a shared idea of what they want out of life, and they are committed to walk with each other toward those goals. This can be anything from raising a family and owning a home to traveling the world together or simply growing old side-by-side. But whatever their plans are, having a shared vision for life gives them something to strive for together and helps keep their marriage strong.

They Put Their Spouse First.

For a marriage to last, each spouse needs to feel like they're a priority to the other. Those who make it to 50 years or more often have a "we before me" mentality. Each is willing to put their spouse's needs before their own, and they know this is crucial for a strong relationship. However, for this to translate into a lasting marriage, both spouses need to share this sense of priority. (If one spouse puts the other first and the other doesn't reciprocate, it can make the first feel taken for granted or that their needs aren't valued.)

They Make the Choice. (Sometimes Daily.)

A good marriage is more than just making vows and keeping them. Any marriage is a choice—a decision to love, honor, and cherish your spouse no matter what. Couples who make it to their 50th anniversary have usually made that choice repeatedly throughout their years together. No relationship is perfect, and there will be times when it's difficult to choose your spouse. But those who do make it to their 50th have usually found that, more often than not, choosing each other is worth it.

Of course, life "happens," and for many couples, it's just not possible to stay together for 50 years for a wide range of reasons beyond their control. If you need compassionate legal help to move through a divorce, the Jenkins Law Firm is here to assist. Call us today at 555-555-5556 or contact us online .

Does Adultery Affect North Carolina Divorce Settlements?

Wed, 02 Jan 2019 20:28:23 GMT

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" divorce state, one or both spouses' infidelity can affect the final settlement.

Alimony in North Carolina Divorce

North Carolina is an "equitable distribution" state, so the court divides the couple's marital assets equitably, not necessarily equally. When determining if alimony payments are appropriate, the court considers any marital misconduct, the earning capacity of each spouse, ages, length of marriage, and standard of living, among other factors. The financially-dependent spouse must show the court that he or she cannot meet the expenses in the budget with his or her own earnings, even when living a no-frills lifestyle.

North Carolina law considers adultery "marital misconduct," so it can significantly affect alimony payments. However, the court does not consider adultery "marital misconduct" if the other spouse condones the infidelity or forgives the other spouse for his or her actions. If the spouse with stronger earning potential committed adultery, the court must award alimony. If the financially-dependent spouse committed adultery, the court may deny alimony, especially if the financially-dependent spouse moves in with his or her paramour.

Property Division in North Carolina Divorce

In some cases, adultery can also affect property division, especially if the spouse committing the infidelity used a significant amount of marital assets to entertain or support a paramour, such as large amounts of money from a joint bank account. The court may find that awarding more marital assets to the other spouse is equitable.

Child Custody and Child Support in North Carolina

Adultery rarely affects child custody. North Carolina's standard is "in the best interest of the child." If the spouse committing adultery did not expose the children to inappropriate or dangerous situations related to the affair and is otherwise a fit parent, he or she will retain legal custody.

North Carolina has very specific guidelines for determining child support payments. Adultery does not affect this in any way.

Has Your Spouse Committed Adultery in North Carolina?

Although the court cannot grant an absolute divorce for adultery until you have been separated from your spouse for one year, you can file for a divorce from Bed and Board on the grounds of adultery. This is a fault-based, court-ordered legal separation. As part of this separation, if you are the financially-dependent spouse, you may file for post-separation alimony, which will provide financial support until the court grants your final divorce decree. You may also ask the court to grant you possession of the family home.

If your spouse committed adultery and you are considering filing for divorce, contact the family law attorneys at  Jerkins Family Law  in Raleigh, North Carolina, today. Our dedicated attorneys understand that you may be feeling hurt and betrayed, and we can present the strongest case to the judge for you or negotiate out of court to prevent further embarrassment -- though it is a perfectly normal and justified emotion -- during this emotional time. Visit our Divorce page and call our office at 555-555-5556 or contact us online .