What if my husband or wife is infertile?

In NC, there are a few events that allow you to annul a marriage and one of those is an infertile or impotent

spouse. If either spouse is physically impotent at the time of the marriage and/or cannot reproduce, the marriage can be annulled. Generally, the impotence must be medically diagnosed by a doctor and must have existed at the time of marriage. So, if after 20 years of marriage your spouse can no longer "move like they used to," you are not entitled to an annulment. 

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 the 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. However, 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 NC, contact me at (919)321-6569, Nastasia@kisalawatkins.com; www.kisalawatkins.com.

What happens if I miss or skip jury duty?

 

What's more exciting than getting a jury summons scheduled for the day of your family vacation?!! Answer: just about Anything else. 

In NC, a jury summons is an official court summons. If you fail to report to jury duty the court could hold you in contempt, order jail time, and/or impose a $50 fine for not responding to a jury summons.

If you have an emergency and cannot attend, you may ask a District Court judge to change your jury service date. You may also ask to be excused if you have a medical reason that prevents your service or if you have served as a juror within the past two years, or are otherwise ineligible to serve. If your jury summons does not tell you how to request a deferral, call the Clerk of Court’s Office in your county.

Remember: It is against the law for your employer to fire or demote you because you served jury duty. However, the law does not require that the employee be paid in full while you are serving.

For more detailed questions, contact me at (919)321-6569, Nastasia@kisalawatkins.com

***The information in this blogpost was taken from www.nccourts.org***

 Picture credit:  http://simpsons.wikia.com/wiki/File:Simpsons_Cast_Jury_on_Family_Guy.PNG

What if my ex doesn't pay child support or alimony?

In NC, if you have been granted a Court Order for child support or alimony then your ex or spouse is in violation of the order if he/she does not pay the amount at the time the order requires. 

To recoup your money, you must file a Motion for Order to Show Cause requiring your ex to explain why he/she did not pay the money as ordered. It is your burden to prove that your ex willfully refused to comply with the order so be sure to include specific instances of missed payments and dates. 

You must also submit an unsigned Order to Show Cause which the judge will sign should they find that your ex did in fact violate the order. Be prepared for a hearing where you must show proof of everything you claimed in your motion. Judges like physical proof so bring bank statements, e-mails, payment ledgers, and any other proof showing that the payments have not been made on time.

If the court finds that your ex did in fact willfully violate the order and refused to pay up, they will be found in Civil Contempt and will receive sanctions, fines, and/or jail time. Your deadbeat ex can also be required to re-pay your attorney's fees since you had to drag them to court to get your alimony or child support payments.

For more specific questions or legal advice about your case, contact me at (919) 321-6569, Nastasia@KisalaWatkins.com, www.kisalawatkins.com.

What if my ex refuses mediation?

In NC, mediation is a way to come to an agreement without the involvement of the courts. It is usually more favorable because each party's views can be included in the agreement without the judge making the final decision. If an action has already been filed, the outcome of mediation can become a court order enforceable by the courts and the police. 

For instance, if you all agree to a custody arrangement after one of you has filed for custody, it becomes a Custody Order. If someone does not follow the order, the other can file a "Motion to Show Cause" and if they win in court, the person who violated the order will face jail-time and/or a fine.

If your spouse, former spouse, or child's parent refuses to go to mediation or refuses to come to an agreement while in mediation, the courts must make the final decision in your case. If you are unfamiliar with the Rules of Civil Procedure or the Rules of Evidence, it is best to hire an attorney because you will be expected to know these rules during your hearing. It is also very difficult to get your point across to a judge if both sides are just accusing the other of being a bad parent/spouse. Hiring an attorney who is not emotionally invested in the case can speed along the process and help your voice be heard.

Our office has had great success with assisting clients who cannot agree in mediation and we have also settled most of our cases through some form of negotiations or mediation. As a N.C. Certified Mediator, I work with clients to assist them in getting the optimum outcome even when their spouse is disagreeable. 

If you have more questions, contact me at (919)321-6569, Nastasia@kisalawatkins.com, www.kisalawatkins.com.

What do I do if my ex contests the divorce or doesn't sign the papers?

Sorry to tell him or her, but the divorce is going to happen eventually. They are just prolonging the process. 

In NC, you can get divorced after being separated for 1 year (unless one of you is mentally incompetent). No papers have to be signed by your spouse and they do not have to consent to the divorce in NC. No one has to be at fault and you don't even have to have a reason for the divorce. So, the only real defense to divorce is that you were not actually separated for 1 year. If this is his/her defense, you can just wait the additional time required for the 1 year separation to be in effect and your divorce will still be granted!

Remember that you cannot rekindle the relationship or attempt to get back together during the 1 year separation, otherwise, the clock starts over. In NC, sleeping together once in awhile is not considered getting back together. So don't worry if you guys did something you now regret after that wedding reception with the open bar last summer.

You must file for alimony, post-separation support, and an equitable distribution of your property before or when you file for divorce otherwise the claims are lost forever. 

Contact me at (919)321-6569, Nastasia@KisalaWatkins.com, or at www.KisalaWatkins.com for assistance with your divorce questions.

What happens in court if you are a witness?

Don't panic! Being a witness may seem pretty simple to some, however, being up on the stand with the lights beaming down your face and attorneys throwing questions at you can be very scary. 

Here is the general process: 

1. You will be sworn in. You know how it goes, "Do you swear to tell the truth, the whole truth and nothing but the truth so help you God?"
2. The side who called you as a witness will question you first. Then the other side will ask you questions. The may take turns with the process again if need be.
3. Your attorney is there to help you. He/she will protect you from any questions that are not relevant to case or will hurt your chances of winning. When your attorney objects, wait for the judge to rule on the objection then answer the question ONLY if the objection was overruled. He/she can also refresh your memory with a document if need be.
4. Take a moment to process the question. There is no time limit to answering the question and you want to be truthful, otherwise, your entire testimony will appear to be untruthful.
5. TELL THE TRUTH! It's obvious when you lie on the stand and the judge will not take anything that you say seriously if you lie. It doesn't work...so don't try it. 
6. You will be nervous in the beginning, but after awhile, you'll get comfortable and before you know it...it's over! 
7. Address your answer to the judge or the jury. You are not trying to convince the parties or the attorneys that what you are saying is true, only the judge or jury.

If you've been subpoenaed to testify at an upcoming criminal or civil trial and are concerned about your rights, contact me at (919) 321-6569 or Nastasia@kisalawatkins.com.

***I do not own the rights to this video***

I've just been sued! What do I do?

Nothing can ruin your day like being greeted by the sheriff with a yellow sheet of paper that reads "Summons and Complaint." Although it is tempting, the worst thing that you could do is ignore it! If you ignore it, the person who sued you will automatically win in what is called a "Default Judgment." 

Generally, in NC, you have 30 days to respond to a lawsuit. This is your chance to deny the allegations in the lawsuit and submit a counterclaim against them if they have wronged you as well. You only get one shot to file a claim (or counterclaim) for anything arising out of the same set of facts, so be sure to meet with an attorney so you don't miss any claims and miss out on some money or property owed to you. 

Remember to be truthful because you could be ordered to pay a fine or their attorney's fees if you allege facts that aren't true. Separately, if the facts that they are claiming are untrue, baseless, and frivolous, the other side may be ordered to pay your attorney's fees following a Rule 60 "Motion for Sanctions." 

Many lawsuits can be settled through mediation or negotiation. This way, the parties can determine the terms of the agreement without leaving their fate up to a judge. Contact me, a certified mediator, if you need a neutral party to resolve these issues before they reach a hearing at (919)321-6569, Nastasia@kisalawatkins.com, www.kisalawatkins.com.