Not necessarily. It will depend on the language in your order and whether or not the move will frustrate the parenting time or other rights of the other parent. If there are no restrictions on the order you may be allowed to move initially, but then your former spouse could potentially ask for the original…
Rather than relying upon your former spouse to pay you a share of a future retirement, your best protection is a court order that provides for the retirement or pension plan administrator to pay the money directly to you. This type of court order is often referred to as a Qualified Domestic Relations Order (QDRO)…
While it is difficult to predict how much your divorce will cost, the following are some of the factors that affect the cost: Is the case is being litigated or is being settled? Is the collaborative law process being used? Are there children? Is child custody agreed upon? Are there novel legal questions? Will a…
A property inventory is a listing of the property you own. It may also include a brief description of the property. Discuss with your attorney the level of inventory detail needed to benefit your case. Factors to consider when creating your inventory may include: The extent to which you anticipate you and your spouse will…
The following may be useful exhibits if your domestic violence case goes to court: Photographs of injuries; Photographs of damaged property; Abusive or threatening notes, letters, texts or e-mails; Abusive or threatening voice messages; Videos or audio of your spouse abusing or threatening you (speak with an attorney prior to secretly recording anyone without their…
A divorce is technically the dissolution of a marriage. While an absolute divorce results in the dissolution of the legal marriage between the spouses, there are other claims that must be brought prior to the dissolution of marriage or they will be waived, preventing both spouses from ever being allowed to bring those claims. These…
It depends. If the credit card debt was not for a marital purpose, then it may be your spouse’s separate debt. The court will consider the overall fairness of the property and debt division when deciding who should pay this debt. If your spouse bought items with the cards and intends to keep those items, it…
Possession can be nine-tenths of the law, sometimes. Consulting with an attorney before the date of separation can reduce the risk that assets will be hidden, transferred, or destroyed by your spouse. This is especially important if your spouse has a history of destroying property, incurring substantial debt, or transferring money without your knowledge. The…
Under North Carolina law, there are two aspects to a custody determination: “legal custody” and “physical custody.” Legal custody refers to the power to make important long lasting decisions regarding your children. Legal custody may be awarded to you, to your spouse, or to both of you jointly. If you have sole legal custody, you…
If you are concerned about your spouse removing your child from the state, talk to your lawyer about whether any of these options might be available in your case: A court order giving you immediate custody until a temporary custody hearing can be held; A court order directing your spouse to turn over passports for the child…