The good news is that the courts cannot limit where you move and what job you accept as an adult (as long as it doesn't violate the law). However, they may limit when and where you move with your children.
Generally, custody orders for both joint and sole custody include a provision requiring that each parent inform the other about permanent moves. However, most do not account for changes in meeting places for the custody drop-offs as a result of your move. If you can still comply with the original order, you will likely have no issue with moving. Otherwise, you will need to file a Motion to Modify Custody.
In your motion, you must show the Court all of the reasons why this move is in the children's best interest. You must also show that your move will not revoke the other parent's custody rights by making it impossible for them to see their child.
Keep in mind, there will likely be a hearing and your children may need to testify to help the judge determine the best place for them to live. If they are young, they may be taken to the back for an "in-camera testimony" so they are not traumatized by picking a side.
It's always best to resolve these issues through mediation or a consent agreement. However, if you are facing a hearing or have more questions, contact me at:
Short answer: Most cases take about one year for completion.
There are generally a few phases to each civil case but the length of each depends on your attorney's strategy and the opposing side's willingness to cooperate. These phases include:
NEGOTIATION PHASE
Most cases are completed during the negotiation phase in the form of a settlement, mediation or arbitration.
Settlement: is an informal form of negotiation where a case is usually settled before a lawsuit is filed. Legal fees are usually lower during this phase as there is no risk of a negative ruling from a judge or jury.
Mediation: is generally court ordered in Superior Court (high dollar amount) case. The parties usually sit in separate rooms and the mediator travels between each room to try to reach common ground. If no agreement is reached, the parties move to a bench or jury trial.
Arbitration: is court ordered in District Court (low dollar amount) cases. A neutral attorney hears each side's argument and makes a ruling. This ruling becomes a court order if neither side appeals it and you can, therefore, forgo trial.
LITIGATION PHASE
If the negotiation phase does not grant you the relief in which you were expecting, you must file a lawsuit. Once you have filed a lawsuit you have reached the litigation phase which includes:
Discovery: Each side will ask the other a series of questions to gather more information about the case. Sometimes a settlement is reached once each party sees what they're up against.
Hearings: Motions are generally filed to keep certain evidence out and to resolve the case without a trial. The court will hear each side's evidence in a "hearing" before ruling on these motions.
Bench or Jury Trial: A trial is your final opportunity to convince a judge or jury that you were wronged. The length of the trial depends on the number of witnesses each side will question. In my experience, most trials last between 1-3 days. Remember, the final ruling in your trial is binding unless you appeal it to a higher court.
POST-JUDGMENT PHASE
So you've won your trial!! Now, you must find out how to collect the money. In the post-judgment phase, you must search for the losing party's property, assets, and real estate to sell if they do not pay the judgment you've won.
Execution of Property: While the losing party will be permitted to keep some of their property, the non-exempt property can be seized by the sheriff to satisfy their debt to you.
Other Post-Judgment Motions: Once you have received an order requiring the losing party to pay you, they may still refuse to pay. You may then file a Motion to Show Cause and Motion for Contempt where they face jail time and fines if there is no valid reason why they have failed to pay.
If you have questions about your settlement, trial, or executing a judgment, contact me at (919)321-6569, Nastasia@KisalaWatkins.com or www.KisalaWatkins.com.
In NC, like most states, each parent has an equal duty to support their child. So, child support payments are calculated based on the income of both parents. The payments are then made to the person who has custody of the child the majority of the time.
To change the amount of child support based on a change in income, you must show the court that there is a "substantial change in circumstances." You must file a Motion to Modify Child Support showing that you are not willfully suppressing your income to avoid child support and that, based on the NC Child Support Guidelines, your payments should decrease. There are several factors that can assist in a modification of child support, including:
Change of income by either party
Financial responsibility to other children
Cost of Health, Education and Maintenance of the child
Any other permanent and substantial change
Keep in mind that a modification of child support is only retroactive back to the date that the motion was served on the other parent. So file your motion to modify as soon as you are no longer able to pay the support amount as the original amount will otherwise continue to accrue. To calculate your potential child support payment go to the NC Child Support Agency website and enter the information requested.
If you have questions, contact me at 919-321-6569, Nastasia@KisalaWatkins.com; www.KisalaWatkins.com.
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!!!**
There are several reasons that people consider divorce and the final decision is never an easy one to make. There will be mediation conferences, hearings, exchanging of financial documents and continued stress until the process is over. However, if you are considering divorce in North Carolina, be sure to consider the legal and financial ramifications as well including: Child Custody and Child Support
If there were children born during the marriage the court will grant physical custody to one parent and the other will pay child support to him/her
The parent who is not awarded custody will likely see their children on weekends and alternating holidays
In NC, the spouse who makes more money during the marriage is considered the supporting spouse
The supporting spouse can be ordered to pay post-separation support to the "dependent spouse" allowing him/her to maintain the lifestyle he/she enjoyed during the marriage
Alimony is generally awarded after the divorce which is guaranteed to the dependent spouse if the supporting spouse cheated
Speaking of cheating, your spouse can collect from your mistress/boyfriend in claims for Alienation of Affections, Criminal Conversation, and Loss of Consortium
Some couples wait to get divorced after years of separation
However, during this separation period, the IRS still views you as married and you are both required to file taxes.
If your spouse has failed to file taxes during this period and back taxes are owed, this could effect you both as it will likely be considered marital debt. Unlike other creditors, the IRS can also put a lien on your marital home even if just one of you has not paid taxes.
For more detailed questions, contact me at (919)321-6569, Nastasia@KisalaWatkins.com, www.kisalawatkins.com.
