A deposition is the asking and answering of questions under oath, outside of court, in the presence of a court reporter. A deposition may be taken of you, your spouse, or potential witnesses in your divorce case, including experts. Both attorneys will be present. You and your spouse also have the right to be present…
The Custody Mediation Program addresses issues of child custody and visitation. Once a case involving custody or visitation is filed, the case is sent to the Custody Mediation Program. The court then orders the parties to attend an orientation session and at least one Custody Mediation. Preparation Prior to attending a mediation session with your…
One tool to assist you and your attorney in establishing your case as a primary care provider is a chart indicating the care you and your spouse have each provided for your child. The clearer you are about the history of parenting; the better job your attorney can do in presenting your case to the…
A property settlement agreement is a written document that includes all of the financial agreements you and your spouse have reached in your divorce. This may include the division of property, debts, child support, alimony, insurance, and attorney fees. The property settlement may be a separate document, or it may be incorporated into a court…
Trial preparation includes countless necessary tasks. These are just some of them: Developing arguments to be made on each of the contested issues Researching and reviewing the relevant law in your case Reviewing the facts of your case to determine which witnesses are best suited to testifying about them Reviewing, selecting, and preparing exhibits Preparing…
If your domestic violence case goes to court, the following may be useful exhibits: 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…
Ability to modify alimony depends on several factors. If your agreement provides that your alimony order is “nonmodifiable,” then you may not have it modified. Also, if no award of alimony was made before or in the divorce decree and you do not have a claim for alimony pending, you will not be entitled to…
If your former spouse is not paying child support, you may take action to enforce your court order either with the help of your lawyer or the assistance of a child support attorney. Unlike a private attorney, you do not pay for the services of a child support attorney. Visit the website for the North…
In North Carolina each parent has equal rights to custody of the children until an order is entered setting up the parent’s respective rights to custody and parenting time. Unless your children are at risk for being harmed by your spouse, your children should maintain regular contact with the other parent. If your children are…
Keep the following in mind to be a good witness on your own behalf: Tell the truth. While this may not always be comfortable, it is critical if you want your testimony to be believed by the judge. Listen carefully to the complete question before thinking of your answer. Wait to consider your answer until…