The Divorce Clinic and John Walker Attorney Specialize in Providing Legal Services for Separation and a North Carolina Uncontested Divorce for Families-in-Transition.
Child Support
What about the children? - For co-parenting, discuss with your spouse and decide how to co-parent the children and provide two homes. Child support and custody may be decided through mutual agreement and documented with the Separation Agreement or it can be determined by court order.
Child Custody and Visitation
The general rule in North Carolina is that each parent initially has coequal rights to the physical possession of a child born of the marriage. A parent's right to custody of a minor child is substantial but not absolute. A parent's rights are not interfered with unless the child's best interests clearly demand it. The decision of custody must keep your focus on the best interests of the child. More information North Carolina Child Custody Statutes
Spousal Support
What is a Simple No Contest Divorce - If you have lived apart from your spouse for one year or more, can provide the address of your spouse and all matters of child support, custody, property and debt division and spousal support have been resolved or do not to be resolved in the divorce, then you probably have a simple no contest divorce. Matters of custody, support, property and alimony, if they must be resolved in court, they probably should be handled in the county in which you or the children live. The divorce may be entered in any county.
Legal Separation
Separation - you must live apart for at least one full year. Living in separate bedrooms or absence of sexual relations is not legal separation. The documents cannot be signed and the divorce cannot be filed before one year and one day of separation. Isolated incidents of sexual relations while separated do not affect the date of separation. Resumption of marital relations changes the separation date. Resumption of marital relations usually would involve moving back into the same home and residing together.
Annulment
Can I get an annulment? - The grounds for annulment are: Impotence of either party at the time of marriage or being married to another living spouse when you were married to your current spouse. Annulments are not granted based on the short length of time that you are married.
E. Address all the issues at once, even though you have the option to deal with key areas - child custody, property at different times, it generally makes more sense to try and do it all at once. In addition to speeding up the process and prompting closure this can also reduce expenses.
Kidnapping
A federal law, known as the Interstate Parental Kidnapping Prevention Act, also addresses child custody jurisdictional issues. John Walker, Attorney advises that a separation agreement may be made a part of a NC no contest divorce or uncontested divorce and made the basis for child support enforcement actions. >> more and printable PDF