How Does Legal Separation Work in North Carolina?

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 .

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.

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.