A court order is a document signed by a judge, magistrate or clerk of court
Binding the parties of the action (plaintiff and defendant)
Requiring that they do something or stop doing something
Examples of court orders include custody, child support, divorce, and restraining orders.
What happens if one side does not follow the court order?
You must file a "Motion to Show Cause" asking the other side to show the court why the court order was broken.
The other side must either show that he/she has in fact complied with the order or show why they could not comply with the order.
If they cannot prove that they complied or give a good reason why they didn't comply, they will be found in Contempt of Court and face fines and/or jail time.
The only way to not comply AND not be found in contempt is to show that your failure to comply was not willful.
Remember that court orders expire and steps must be taken to enforce the judgment within 10 years, otherwise it must be renewed. Restraining Orders must be renewed every year with a showing that you are still in fear of your safety.
For more questions about court orders, contact me at (919) 321-6569, Nastasia@KisalaWatkins.com, www.KisalaWatkins.com.
A divorce ends the bounds of marriage. In NC, you must be separated for 1 year before you can file for divorce (unless your spouse is incompetent). Because the marriage was lawful, you are entitled to a separation of the property purchased/earned during the marriage. If you're spouse engaged in marital misconduct (such as an affair) during the marriage, you may also be entitled to post-separation support and/or alimony. Before or during filing, you must request post-separation support, alimony and a distribution of the marital property, otherwise, you lose your right to claim it.
What is an annulment?
An
annulment is an order from the court stating that your marriage never
existed. This is very different from a divorce which simply ends an
existing marriage. An annulment does not give you rights to
post-separation support, alimony, or a distribution of the property as
does a divorce. A major misconception is that the length of the marriage
warrants an annulment, however, in NC this is not a factor.
Which marriages can be annulled? Bigamous marriages are void and are deemed to have never existed in NC. Upon application to the court, the following marriages can also be annulled:
Marriages between 2 people who are closer than 1st cousins (sister and brother)
When one party is under the age of 16, unless the woman is pregnant and the child is still alive
Marriage under the false pretense that the woman was pregnant and no child is born within 10 months of separation
Permanent sexual impotence of either party
Despite these instances, a
marriage that has been followed by the couple living together and the birth of a child cannot be annulled once one of the parties is deceased (unless the marriage is bigamous).
For more information on annulments and divorces in North Carolina, contact me at (919)321-6569, Nastasia@kisalawatkins.com; www.kisalawatkins.com.
Every law school student has experienced the stress of your entire grade being determined by your performance on one final exam, fighting with your classmates to be at the top of the class, and eventually accepting that this may have all been done in vain because the promise of big law firm jobs no longer exists. However, nothing can prepare you for the stress that is...dun dun DUNN...The Bar Exam. While everyone's experience is different, here's my experience during the bar exam:
1. Anticipation
I've spent a full month gathering the information for the bar exam application but bar prep doesn't start for a few months. To get a leg up on my classmates, I start reviewing my weak subjects and looking at practice tests and example MBE questions. But Teen Mom is on, Scandal is on DVR and everyone is going out for wings tomorrow (can't miss that). Then the continuous thought of, "I'll start on Monday. Monday is the day!" carries me into May/January (when bar prep actually begins).
2. Boredom
Oh my gosh Becky....how long can this guy talk about friggin Easements!! I'd rather claw out my eyes than listen to these lectures for 3 hours every day. And how am I supposed to concentrate when Facebook, Instagram, TMZ, and Candy Crush are literally calling out to me like an addiction. I'm gonna b.s. for 30 minutes and then get back to Landlord/Tenant rights...I promise.
3. Despair
It's the end of my first month of bar prep and I have taken 2 practice MBE exams and I've done at least 20 essays and I continue to fail! I don't know any of this stuff! Why did they even let me graduate? I wonder if the board of law examiners will give me my money back so I can just cut my losses. I'd rather be at the beach anyway.
4. Panic
What in the holy %@$?!!! It's July 1st/February 1st and I don't know a single
thing. Everyone else claims to have completed most of their review
course and I don't even know the difference between Article 2 and
Article 9 of the UCC...What does UCC stand for?...Why do I need to know
about merchant contracts?...What business owner doesn't get things in
writing?!....I need a glass of wine after I lock myself in this office
to study for the next month!
5. Acceptance
It's one week before the exam. I've neglected my job, my kids, and my spouse for the past 3 months and I've worked my @$$ off. There's honestly nothing more I can do. Looking at this 3ft. stack of test prep books...NOBODY could possibly know all of this crap but I'm going to do my best. Dear baby Jesus, Allah, Zeus, Prince Harry, Kanye (and whoever else is a god who answers prayers) just let me pass so I don't have to do this again!!
**Just know you're not the only one going through it and you'll make it!! Also know that part of the bar exam is preparation while another part is luck. You're lucky if the examiners happen to ask questions on the subjects you've reviewed. For bar prep, I recommend AmeriBar because they condense the information to testable areas and they don't just give you a stack of books with every single law and advise you to "read it...or else." No matter what course you choose, don't beat yourself for checking Facebook every so often just to stay awake ;)
**Try not to read too many blogs as it'll only scare you and GOOD LUCK!!!**
