How Does Legal Separation Work in North Carolina?

Learn what happens to assets during divorce in Raleigh, NC. Jerkins Family Law helps protect your financial future. Call 919-719-2785 today for a consultation.

Learn what to expect during the adoption process in Raleigh, NC. Jerkins Family Law guides families through each step. Call 919-719-2785 today for a free consult.

Considering divorce in Raleigh, NC? Learn what to know before filing, including legal requirements and next steps. Call Jerkins Family Law today.

Understand the 1-year and 1-day mandatory separation in NC. Learn about Wake County divorce timelines, property division, and custody. Call (919) 719-2785.

How is child custody determined in Raleigh, NC? Learn how courts decide custody and what factors affect your case. Call Jerkins Family Law today.

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.

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.

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.

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 .