Divorce & Family Law FAQ
I want a divorce but my husband/wife won't give me one. Can I still get a divorce?
A: Yes, North Carolina divorces are "no fault" and given on the basis of a husband and wife living apart for a period of one year and either party being a resident of North Carolina for six months prior to filing the divorce complaint.
How do I get a separation from my husband/wife?
A. A separation from your husband/wife can be as simple as the two of you living in separate places. Moving into different bedrooms in the same home is not living separate and apart.
My child's father/mother isn't paying child support. What can I do?
A. Guilford County Child Support Enforcement can assist you with enforcing a child support order or initiating a case for a determination of child support for a small application fee of up to $25. Their website is http://www.co.guilford.nc.us/cse/. Our firm can also assist you with your child support case.
How much will my case cost?
A. That is a difficult question to answer without knowing all of the details of your case, however our fees are charged on a flat-fee basis so you know up front what your total legal fees will be. After a consultation, we can provide a quote for how much your case will cost.
Do you take pro bono cases?
A. We do take pro bono cases, however we work with Legal Aid of North Carolina to take cases. Please contact them first at 1-866-219-5262 or 122 North Elm Street, Suite 700, Greensboro, NC 27401. We also support the North Carolina Bar Association's 4 All Campaign. On the Statewide Service Day, anyone can call in and "ask a lawyer" a question for free. Find out more at http://4allnc.ncbar.org/.
We're not rich, why get a prenuptial/postnuptial agreement?
A. Pre or post nuptial agreements are not just for the rich and famous. The agreement generally will settle financial and property issues that arise in the event of divorce or death-who gets the house, who pays spousal support and what property will be considered separate or marital. This increasingly makes sense for second marriages and blended families or even situations where third parties, like aging parents, are dependent on a member of the couple for support. Read my article I co-authored on prenuptial agreements with financial planner Sherri Brown to learn more about the benefits of these agreements.
The mother of my child and I are unmarried. Is it enough to put my name on the birth certificate to assert my custody rights?
A. No. To legitimate a child, you must petition the court or the child becomes legitimated upon the marriage of the parents. You should have a custody agreement or order in place as well. Seek legal counsel to ensure your rights are protected. Our firm can help you with your legitimation or custody case.