How do I file for divorce in NC?

It's important to remember that when you file for divorce, you must also file for the equitable distribution of the marital property, alimony, and post separation support at the same time or before you file for divorce otherwise you will lose all claims to them.

1. In NC, you do not have to state a reason for getting divorced, you must only be separated for 1 year (unless your spouse is incompetent or insane). 
2. After this one year separation you can file for divorce using the forms provided at most clerk's offices or by submitting a complaint. 
3. Your spouse is then served and he/she has 30 days to respond to and/or challenge your complaint for divorce. If your spouse is served and does not respond within the 30 day period, you may file for a Default Judgment which automatically grants your divorce because no one challenged it.

Filing all of the claims related to the marriage/divorce at once will also save you some money because there is just one filing fee! You can file for child support and child custody at anytime before, during or after the marriage depending on your living situation. However, there will be a separate filing fee if you do them each separately, so ask your attorney about filing them all at once.

If you have more detailed questions, feel free to contact me at (919)321-6569, Nastasia@kisalawatkins.com, Kisala Watkins Law Group, PLLC

I am not divorced yet, can my ex still help me pay some of the bills?

Yes. You may file a claim for Post-Separation Support which allows you to maintain the standard of living you enjoyed during the course of your marriage.

A claim for Post-Separation Support requires:

1. Dependent Spouse: a spouse who is dependent on the other and cannot maintain his/her accustomed standard of living because he/she does not make enough money to do so
2. Supporting Spouse: has the means and ability to support the dependent spouse

Showing that the supporting spouse has engaged in marital misconduct will help your claim for post-separation support. So, if your spouse has cheated, used drugs, or abused you during the marriage, you are more likely to be awarded post-separation support. Remember, however, that once you point the finger at your spouse, the judge must also look into any misconduct by you during the marriage.

Payments for post-separation support end when your divorce is final or when the judge rules on your alimony claim. So, be sure to file for alimony when you file for divorce to ensure that you don't lose the claim and that you can continue to pay your bills. 

For more information on how much you can expect to receive in post-separation support and how to begin the process, contact me at 
(919) 321-6569, Nastasia@kisalawatkins.com,  www.KisalaWatkins.com

What happens if I miss my court date?

If you recently missed your court date you may be able to fix it...if you act quickly. 

Criminal 
In NC, if you are a defendant in a case and miss a court date, you must request a new court date otherwise a warrant will be issued for your arrest for "Failure to Appear."  If you put up a bond to ensure your return for the court date, you will likely lose the bond. Each county has a different waiting period before the clerk will report your absence so check with your clerk's office at www.nccourts.org.

Civil
If you are the plaintiff in a civil case and you do not show up to present your case in court, it is likely that your case will be dismissed. You may not bring the case again using the same facts and issues under the legal principal of "res judicata" because a judgment has already been entered against you. 

If you are the defendant in a civil case and you do not show up, it is likely that you will lose the case and everything that the plaintiff has alleged will be deemed as true in a "default judgment" against you. Because you were not present to tell the court your side of the story, the court will assume that the plaintiff has told the truth and they win by "default." 

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If you know before the court date, that you will be unable to attend, speak with an attorney so that they can request a "continuance" for a more convenient court date. If you have more questions, contact my office at (919)321-6569, Nastasia@kisalawatkins.com, Kisala Watkins Law Group, PLLC.

My ex is trying to take custody of my children! What can I do?

Don't panic! It is EXTREMELY difficult for a person to simply lose all custody rights to their child. NC courts do not favor a mother or a father in child custody suits and each parent has equal rights to the care, custody and control of their children. In order for youR ex to gain sole custody the court must find that you are "unfit" which is a long drawn out process with a high threshold to overcome.

There are 2 types of custody that the court will award solely to one person or jointly to the both of you: 

1. Physical Custody: physically caring for the child
2. Legal Custody: the ability to make decisions regarding the child's religion, education, and other decisions about the child's upbringing.

Remember that your ex must file for "custody modification" to change a current custody court order. The court will hear both sides and make a decision regarding the custody arrangements after determining what is in the child's "best interest." Even if you two agree to the change, the court must make a ruling so that it will be binding. Otherwise, if your ex no longer agrees with the change (or is just upset with you one day) you will be in violation of the original custody order and can be hauled into court on contempt charges. 

Child Custody is a very stressful process and parents are very emotional while also trying to navigate the legal system. It can be very helpful to use the assistance of an attorney to interpret the legal jargon and take the added stress of court hearings, motions, and orders off of your back. If you have more questions, contact me at (919)321-6568, Nastasia@kisalawatkins.com, Kisala Watkins Law Group, PLLC.

Can my ex stop paying child support in NC?

No, in NC, a child support order from the court is like a judgment. If the person who owes the child support fails to make timely monthly payments without the permission of the court, they will be found in contempt and can be jailed for non-compliance.

There are, however, a few ways in which a person can stop paying child support with the permission of the court:

1. If you agree to dismiss the child support case and forgive any past unpaid payments (arrears)
2. When the child turns 18, graduates high school, gets married, or joins the military, child support payments end. Then only the payments in arrears must be made. 
3. If there is a change in their circumstances that is so substantial that making child support payments is impossible. *This is very unlikely and the courts frown on those who become unemployed just to avoid financially supporting a child*
4. The statute of limitations to collect a judgment is 10 years, so if no payments have been made in the last 10 years and no attempt has been made to collect it through the courts, the child support payments may no longer be collected. 

Remember that this must be done through a series of motions and orders, not just an agreement between the parties. For more information, give me a call at (919)321-6569 or email me at Nastasia@kisalawatkins.com.

Kisala Watkins Law Group, PLLC

How much child support will I get (or have to pay) in NC?

The short answer is, "It depends."  

First, the court must determine who is the custodial parent, or the parent that has custody more often than the other. Then the court will consider how many other children and other obligations each parent has. The court will determine if the non-custodial parent (who has the child less often) pays health insurance, private school, daycare, or other necessities for the child. These contributions will knock off some of the money owed for child support.

After these factors are considered the court will look at each parents' income in correlation to the amount of time they keep the child. To do a rough check for how much you can expect to pay or get in child support, calculate how much you earn and how much the other parent earns. Then check the NC Child Support Guidelines to determine how much NC believes it costs to raise a child with this income. You may also access the NC Child Support Worksheets to calculate different scenarios for child support based on your income and other obligations.

For example, if you are the custodial parent (we'll call her Mom simply because this is what is seen a majority of cases) and earn $1,000 each month and the non-custodial parent (Dad) earns $2,000 each month, together you both earn $3,000.00 each month. NC has determined that based on an income of this amount, $523.00 should be contributed to the child each month. This amount will be split between the parents based on each parents share of the total amount they earn together. 

Here, Mom earns 1/3 of the total $3,000.00 and Dad earns 2/3 of the total. Because Mom is paid the child support based on this percentage, she will be paid 2/3 of the $523.00 it takes to raise the child. So, this Mom can expect a child support payment in the amount of $348.67.

If you have more questions about how and when to file for child support, give me a call at (919)321-6569. You may also email me at nastasia@kisalawatkins.com.

I have incurred credit card debt and student loan debt during my marriage. Does my spouse have to pay any of this if we get divorced?

Yes, more than likely your spouse will be responsible for at least some part of the debt. In NC, property is distributed by a process called Equitable Distribution. Fault is not considered and it is presumed that an equal distribution of the marital property is a fair distribution unless proven otherwise. In order to distribute the property, the court must:

1. Classify the property as Marital, Separate, or Divisible Property
2. Give the property a value
3. Distribute only the Marital and Divisible property to each spouse

How do I know the difference between Marital, Separate and Divisible Property?

Marital Property: property purchased or received during the marriage and before you all were separated. This includes debt, property, pensions and income received during the marriage.

Divisible Property: property received after separation but before the final divorce when either spouse

• acted to earn the property during the marriage 
• i.e. bonuses or commissions earned during the marriage but received after separation 
• changes in marital debt including finance charges and interest 
• appreciation and depreciation in the value of property 

Separate Property: property owned by either spouse before the marriage or received during the marriage by gift or inheritance. You get to keep this property and it is not distributed during a divorce.

Remember, your spouse may also have a right to the income that you've earned during the marriage as a result of your shiny new diploma that created this student loan debt. However, he/she has no right to the actual professional license itself. 

Check out my blog regarding NC's Source of Funds Rule if you have questions about the classification of your property after its sold. For specific questions, contact me at (919)321-6569, nastasia@kisalawatkins.com, Kisala Watkins Law Group, PLLC