Best Adoption Lawyers in Concord, NC

Once you have been separated for one year, you (or an attorney on your behalf) must file a complaint for absolute divorce with the clerk of court. The complaint must then be served on your spouse by a sheriff or by certified mail. Your spouse will then have 30 days during which to respond to your complaint if he or she so chooses. Once the 30 days expire, you or your attorney can get a court date to have a judge sign a divorce judgment. Different counties in North Carolina have different procedures for getting your case on a court calendar.

You do not have to wait for the one-year separation period to end to file a lawsuit for equitable distribution (property issues), child custody, child support or spousal support.

You may qualify for an annulment if: (1) you or your spouse are physically impotent, (2) you find out your spouse is already married to someone else, (3) you were the victim of fraud or duress, (4) you lacked the capacity to contract at the time of the marriage, or (5) you find out you and your spouse are related (nearer of kin than first cousins). If you believe you meet any of these criteria, you should consult with an attorney. You cannot get an annulment just based on the short length of a marriage.

One factor a judge may consider in determining issues of child custody is the wishes of the child. If the judge determines that your child is of appropriate age and is mature enough to provide the court with helpful information, the child may be allowed to testify in court or to speak with the judge in chambers. A child does not have the right to choose whom he or she wants to live with, but his or her wishes are one of several factors that a judge can take into consideration when making a custody decision.

After the judge hears all of the evidence he or she will put a custody order in place setting forth, among other things, the times the child is to be with each parent. This order is valid and binding unless it is set aside or modified. Once an order is in place you must abide by it or the other party can seek to have you held in contempt. To be found in contempt, a judge must find that you are in willful violation of a valid court order. An active jail sentence is a possible punishment.