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- Rosen Law
- Divorce
- Articles
- Absolute divorce - the details
- Absolute divorce - the basics
- Alienation of Affection and Criminal Conversation
- NC Divorce and You: How to get through a divorce in North Carolina
- Collaborative - The No-Court Divorce
- When Are We Legally Separated?
- Electronic Communications Privacy Act
- Helpful Books on Divorce
- Guide to Reducing The Cost of Divorce
- Pension Issues and Divorce
- 5 Things to Do Before You Even Think About Getting a Divorce
- Choosing an Attorney
- The Price of Divorce
- How to Get a Divorce Without a Lawyer
- Navigating Basic Court Procedure in North Carolina
- Separation Agreement Anxiety
- When is Annulment an Option?
- The Big Picture on Divorce in North Carolina
- Thinking About Divorce
- FAQs
- Does North Carolina grant divorces based on marital fault?
- Can I change my name at the time of divorce?
- Can I get an annulment?
- What is an absolute divorce?
- When can I file for absolute divorce? What is verification of a divorce complaint?
- If I separate, do I have to intend to stay separated and does the separation have to be mutual?
- Will the one-year separation start over if my spouse and I resume marital relations?
- At what point during the process can a spouse remarry?
- What is "Notice of Service of Process by Publication"?
- If attempts to serve my spouse by certified mail and/or by sheriff does not work for an absolute divorce, what is my next step?
- If I obtain my divorce before filing for Equitable Distribution and alimony, can I still file for alimony and E.D.?
- Do the other issues - support, custody, alimony, and property - have to be decided before the divorce is final?
- How long do I have to live in North Carolina to obtain a divorce?
- How is residence interpreted in North Carolina?
- What forms do I need to file a divorce?
- How and where is a divorce complaint filed?
- How do I serve the divorce complaint on my spouse? How long do I have to wait to receive my divorce?
- How is a divorce granted? Will I have to go to court?
- What typically happens if I go to court to obtain my divorce myself?
- What is COBRA and how can it help if I am separated or divorced?
- What fault grounds can be used to file for divorce from bed and board?
- How do I prove fault for divorce from bed and board?
- How can I defend against a claim for divorce from bed and board?
- Can I use divorce from bed and board to force my spouse out of the house?
- What steps are involved in obtaining a divorce?
- What are the grounds for absolute divorce in North Carolina?
- Can a couple become legally married by living together as man and wife under North Carolina laws (common law marriage)?
- If attempts to serve my spouse by certified mail and/or by sheriff does not work for an absolute divorce, what is my next step?
- What is "Notice of Service of Process by Publication"?
- At what point during the process can a spouse remarry?
- How long do I have to wait before I can get divorced? If I separate from my spouse, do I have to divorce?
- Do I have to live "separate and apart" for one year before I can obtain a divorce in North Carolina?
- What if my spouse does not want the divorce?
- After I file for divorce, do I have to continue to live in North Carolina?
- If I am in the military and stationed in North Carolina, how can I establish residency to file for divorce?
- What is divorce from bed and board?
- Who can file for divorce from bed and board?
- At any time can a parent change a minor child's last name without the other parent's permission?
- Forms
- Court Complaint for Custody, Support, Alimony and Property Division
- Affidavit Of Service
- Civil Summons
- Complaint & Motion For Domestic Violence Order
- Sample Separation Agreement
- Notice Of Divorce Hearing Example
- Notice Of Divorce Hearing
- Notice Of Ex Parte Hearing Before District Court Judge
- Notice Of Financial Information
- Notice Of Hearing On Domestic Violence Protective Order
- Notice Of Request For Income Withholding In Interstate Iv-D Case
- Notice Of Service Of Process By Publication
- Notice To Attend Mediation II
- Online Resources
- Order Approving Parenting Agreement Ii
- Order Approving Parenting Agreement
- Order Authorizing Reinstatement Of Obligor'S Licensing Privileges
- Order Continuing Dv Hearing And Ex Parte Order
- Order Of Contempt For Non-Payment Of Mediator'S Fees
- Order On Motion To Join Employer As Party To Enforce Wage Withholding
- Order Renewing Domestic Violence Protective Order
- Order Revoking Obligor's Licensing Privileges And Notice To Agency
- Order To Appear And Show Cause For Failure To Comply With Domestic Violence Protective Order
- Order To Calendar Custody Or Visitation Dispute
- Complaint- No Children- Directions
- Complaint- with Children
- Complaint- Children- Example
- Verification
- Verification Directions
- Notice of Service By Process of Publication
- Affidavit Publication
- Domestic Civil Action Cover Sheet
- Notice of Divorce Hearing- Wake
- Notice of Divorce Hearing- Other
- Notice of Divorce- Directions Wake County
- Notice of Divorce Hearing- Wake Example
- Notice of Divorce Hearing Other Counties- Example
- Complaint- No Children
- Notice of Divorce- Directions Counties other than Wake
- Judgment
- Judgment- Directions
- Judgment- Example
- Notice of Assignment Directions
- Certificate of Absolute Divorce Directions
- Complaint- No Children- Example
- Complaint- with Children- Directions
- Verification Example
- NC Do-it-Yourself Divorce: Civil Summons Directions
- Cabarrus County Equitable Distribution Inventory
- Cabarrus County Financial Affidavit
- Mecklenburg County Domestic Violence Court Policies
- Cabarrus County Local Rules Regarding Settlement Procedures
- Mecklenburg County Equitable Distribution Affidavit
- Mecklenburg County Financial Affidavit
- Mecklenburg County Domestic Court Local Rules
- Statutes
- §50-11. Effects of absolute divorce
- §50-12. Resumption of maiden or premarriage surname
- §50-5.1. Grounds for absolute divorce in cases of incurable insanity
- §50-8. Contents of complaint; verification; venue and service in action by nonresident; certain divorces validated
- § 50-10. Material facts found by judge or jury in divorce or annulment proceedings; when notice of trial not required; procedure same as ordinary civil actions
- §50-6. Divorce after separation of one year on application of either party
- §50-9. Effect of answer of summons by defendant
- §50-7. Grounds for divorce from bed and board
- Videos
- Absolute Divorce Mysteries Revealed Video
- What Everybody Ought to Know About Divorce Video
- Everything You Need to Know about Child Custody Video
- The Alimony Secrets Video Seminar
- Child Support Video - When Money is on the Line
- Dividing Your Property - the House and Everything - Video
- Rosen.com Site Overview
- Articles
- Children
- Articles
- NC Divorce and You: How to get through a divorce in North Carolina
- The Big Picture on Divorce in North Carolina
- Books that make divorce easier
- Child Support Obligations of Grandparents
- Interest on IRAs as "Income" for Purposes of Child Support
- How Can We Prepare Our Kids For Divorce?
- Child Custody: When Do Children Get to Decide?
- Child Custody
- Child Support
- Child Support Guidelines
- The Price of Divorce
- Choosing an Attorney
- Navigating Basic Court Procedure in North Carolina
- 5 Things to Do Before You Even Think About Getting a Divorce
- In The Best Interest Of The Child
- Children and Divorce
- Parenting Coordinators
- Virtual Visitation
- FAQs
- What does a custody evaluator do?
- Will my child have to speak in court
- If my case goes to trial, who should my witnesses be?
- What state has jurisdiction in custody matters? What is North Carolina's Uniform Child Custody Jurisdiction and Enforcement Act?
- What is the Parental Kidnapping Prevention Act?
- If custody has to be enforced by civil contempt proceedings, can I receive attorney's fees?
- At any time can a parent change a minor child's last name without the other parent's permission?
- If I have custody will I receive child support payments?
- How is child support determined? What are the North Carolina Child Support Guidelines?
- What factors impact child support amounts?
- How is child support determined if the combined gross monthly income is greater than $200,000?
- What role do stocks options and IRAs play in determining child support?
- What responsibilities do grandparents have for paying child support?
- How long is child support paid or received? Are there any exceptions?
- What can I do if my spouse refuses to pay child support? What are the options if child support is not paid on time or in full?
- Can my spouse avoid paying child support if he files bankruptcy?
- Will it be necessary to have a hearing to decide child support? What will be involved in a hearing?
- What are the advantages to agreeing on a child support amount in a separation agreement?
- Is it possible to deviate from the child support guidelines? Can a judge deviate from the North Carolina Child Support Guidelines?
- Who will get custody of our children?
- What is joint custody? What is sole custody?
- If both parents share custody does anyone pay child support?
- Can a parent refuse to allow visitation if child support is not paid?
- What impact could my dating have on child custody?
- Do children get to decide who they will live with?
- What rights do grandparents have to custody and visitation in North Carolina?
- Why should I have a written agreement about custody?
- Can a separation agreement including custody be incorporated into a divorce decree?
- When can child custody be filed for or decided? Once child custody is agreed upon or ordered can it be modified?
- What factors does a judge consider if we cannot agree on a custody arrangement and we have to go to court?
- Can I get a temporary custody order? What is an ex parte order?
- What is the standard that guides the judge's decision?
- Who decides a case if it goes to trial?
- What is visitation in North Carolina?
- Can a judge order no visitation or supervised visitation?
- Can a parent's rights to custody be given to other relatives or other people?
- Do the North Carolina Courts favor one parent over the other?
- If I have to prepare myself to go to court to determine custody, what should I know?
- What can I do to improve my chances of gaining custody if I have not been a terrific parent in the past?
- How will I present evidence if custody must be litigated in court?
- What is a custody evaluation and when should one be conducted?
- What statutes apply to child support? What is an action for child support?
- What needs to be included in a complaint, counterclaim, or motion for child support?
- In making a claim for child support, who needs to fill out a financial affidavit? What information will the parties need to provide?
- Who can make a claim for attorneys fees in a child support matter?
- Can the courts overrule child support amounts in separation agreements?
- What are changed circumstances and how do they affect child support?
- How can child support be modified?
- Once child support is determined, can it be appealed?
- How do I decide which child support worksheet to use?
- How do I fill out the child support worksheets?
- Is child support taxed to the recipient?
- What if claiming child support involves another state? What is the Uniform Interstate Family Act?
- Are stepparents ever required to pay child support for their spouse's child or children?
- If my ex-spouse remarries and has a child with the new spouse, will this affect the amount of child support that he or she will pay for our children?
- Forms
- Child Support Obligation Joint Or Shared Physical Custody
- Child Support Obligation Split Custody
- Court Complaint for Custody, Support, Alimony and Property Division
- Child Support Obligation Primary Custody
- Affidavit As To Status Of Minor Child Ii
- Affirmation And Acknowledgement Of Paternity
- Complaint - Children
- Complaint - No Children
- Consent Agreement And Order To Modify Child Support Order
- Instructions To Complete Order And Notice To Withold Income For Child Support
- Motion To Withhold Wages To Enforce Child Support Order
- Order To Withhold Income For Child Support
- Statutes
- §50-13.4. Action for support of minor child
- §50-13.6. Counsel fees in actions for custody and support of minor children
- §50-13.7. Modification of order for child support or custody
- §50A-102. Definitions
- §50A-110. Communication between courts
- §50A-111. Taking testimony in another state
- §50A-112. Cooperation between courts; preservation of records
- §50A-201. Initial child-custody jurisdiction
- §50A-202. Exclusive, continuing jurisdiction
- §50A-203. Jurisdiction to modify determination
- §50A-204. Temporary emergency jurisdiction
- §50A-205. Notice; opportunity to be heard; joinder
- §50A-206. Simultaneous proceedings
- §50A-207. Inconvenient forum
- §50A-208. Jurisdiction declined by reason of conduct
- §50A-209. Information to be submitted to court
- §50A-210. Appearance of parties and child
- §50A-301. Definitions
- §50A-302. Enforcement under Hague Convention
- §50A-303. Duty to enforce
- §50A-304. Temporary visitation
- §50A-305. Registration of child-custody determination
- §50A-306. Enforcement of registered determination
- §50A-307. Simultaneous proceedings
- §50A-308. Expedited enforcement of child-custody determination
- §50A-309. Service of petition and order
- §50A-310. Hearing and order
- §50A-311. Warrant to take physical custody of child
- §50A-312. Costs, fees, and expenses
- §50A-314. Appeals
- §50A-317. Costs and expenses
- §50-13.10. Past due child support vested; not subject to retroactive modification; entitled to full faith and credit
- §50-13.11. Orders and agreements regarding medical support and health insurance coverage for minor children
- §50-13.12. Forfeiture of licensing privileges for failure to pay child support or for failure to comply with subpoena issued pursuant to child support or paternity establishment proceedings
- §50-13.9. Procedure to insure payment of child support.
- §50-11.1. Children born of voidable marriage legitimate.
- §50-11.2. Judgment provisions pertaining to care, custody, tuition and maintenance of minor children.
- §50-13.1. Action or proceeding for custody of minor child
- §50-13.2. Who entitled to custody; terms of custody; visitation rights of grandparents; taking child out of State
- §50-13.2A. Action for visitation of an adopted grandchild
- §50-13.3. Enforcement of order for custody
- §50-13.5. Procedure in actions for custody or support of minor children
- §50-13.8. Custody of persons incapable of self-support upon reaching majority
- §50A-101. Short title
- §50A-103. Proceedings governed by other law
- §50A-104. Application to Indian tribes
- §50A-105. International application of Article
- §50A-106. Effect of child-custody determination
- §50A-107. Priority
- §50A-108. Notice to persons outside State
- §50A-109. Appearance and limited immunity
- §50A-313. Recognition and enforcement
- §50A-315. Role of prosecutor or public official
- §50A-316. Role of law enforcement
- §28 USC 1738A
- Contempt of Court Statutes
- Videos
- Child Support Video - When Money is on the Line
- Everything You Need to Know about Child Custody Video
- What Everybody Ought to Know About Divorce Video
- Virtual Visitation - NBC 17
- The Alimony Secrets Video Seminar
- Dividing Your Property - the House and Everything - Video
- Absolute Divorce Mysteries Revealed Video
- Articles
- Property
- Articles
- Why You Shouldn't Divorce Before Property is Settled
- Do You Know How the Courts Distribute Property in NC?
- The Big Picture on Divorce in North Carolina
- Choosing an Attorney
- NC Divorce and You: How to get through a divorce in North Carolina
- The Price of Divorce
- Navigating Basic Court Procedure in North Carolina
- 5 Things to Do Before You Even Think About Getting a Divorce
- Four Things You Must Know About Divorce and Taxes
- FAQs
- What is Equitable Distribution?
- What is the Equitable Distribution process in North Carolina?
- How do I ensure my right to equitable distribution of marital assets?
- What factors are considered by a judge?
- Is the division of property always fifty-fifty? What factors are considered in an unequal distribution of property?
- What are the steps that the courts take in dividing property?
- What is the identification of property in the equitable distribution process?
- How is marital property defined?
- What property is neither marital nor separate?
- What does the term property include?
- What role does acquisition of property play in the classification of property?
- What is the dual classification of property as partly marital and partly separate?
- What is the valuation of property?
- When can I file for Equitable Distribution and when is ED determined?
- Can I receive a temporary order to protect my property? What is injunctive relief?
- Can I recover attorneys fees with Equitable Distribution?
- What are the defenses against equitable distribution?
- Does absolute divorce bar an equitable distribution claim?
- Who will divide our property?
- Is fault used in dividing marital property?
- What is the classification of property in the equitable distribution process?
- How is separate property defined?
- If my spouse and I have divided our property, can I file an equitable distribution claim?
- What effect does reconciliation have on equitable distribution?
- How does death effect an unresolved equitable distribution claim?
- When does federal law take precedence over state law in terms of equitable distribution?
- Can alimony and child support affect the distribution of property?
- What are the tax implications for selling the marital home when dividing property?
- Can pensions and retirements be divided?
- How are qualified plans, such as pension plans, profit-sharing plans, and 401k plans? What is a QDRO?
- After a separation, is money received as the result of property distribution taxable in North Carolina or taxable by the federal government?
- Forms
- Statutes
- Videos
- Articles
- Alimony-Support
- Articles
- NC Divorce and You: How to get through a divorce in North Carolina
- The Big Picture on Divorce in North Carolina
- Alimony:
- Pension Issues and Divorce
- Choosing an Attorney
- The Price of Divorce
- Navigating Basic Court Procedure in North Carolina
- 5 Things to Do Before You Even Think About Getting a Divorce
- The Current State of Alimony in North Carolina
- Protecting Your Assets: Estate planning and divorce
- Alimony: by the numbers
- FAQs
- What is alimony? When and how is it paid?
- Who has a claim to receive postseparation support and alimony? Who is the dependent spouse?
- What factors does the court consider in determining alimony?
- What is marital fault and how does it apply to an alimony claim?
- What is illicit sexual behavior?
- What is abandonment?
- What is malicious turning out of doors?
- What are indignities?
- What is reckless spending?
- What are possible defenses against actions of marital fault? What is condonation?
- Who decides alimony, a judge or a jury?
- What is postseparation support and how do I get it?
- If the dependent spouse engages in illicit sexual behavior, does he or she receive alimony?
- What impact could my dating have on postseparation support and alimony?
- Can an alimony order be terminated?
- Can an alimony decree be enforced?
- Can spouses testify against one another in an alimony action? What can be barred as evidence?
- What is the alimony recapture rule?
- Can my spouse quit working to avoid paying alimony? How is the supporting spouse's income used to determine alimony?
- When the courts consider the "condition" of the parties involved, what do the courts consider?
- Can alimony be modified or vacated?
- Is alimony taxed?
- Can I recover attorneys fees?
- Can postseparation support, alimony, and attorney's fees be waived? What role do separation agreements and premarital agreements play in this process?
- Does a divorce have to be pending to bring an action for postseparation support and alimony?
- Forms
- Statutes
- §50-16.10. Alimony without action
- §50-16.1A. Definitions
- §50-16.4. Counsel fees in actions for alimony, postseparation support
- §50-16.6. When alimony, postseparation support, counsel fees not payable
- §50-16.7. How alimony and postseparation support paid; enforcement of decree
- §50-16.9. Modification of order
- §50-17. Alimony in real estate, writ of possession issued
- §50-16.2A. Postseparation support
- §50-16.3A. Alimony (16 factors )
- §50-16.8. Procedure in actions for postseparation support
- Contempt of Court Statutes
- Videos
- Articles
- Domestic Violence
- Articles
- Domestic Violence In Nc: An Action Plan For Caring Professionals
- NC Divorce and You: How to get through a divorce in North Carolina
- Domestic Violence - An Overview
- The Price of Divorce
- The Big Picture on Divorce in North Carolina
- Choosing an Attorney
- Navigating Basic Court Procedure in North Carolina
- Applauding Actions Against Violence
- Divorce and Domestic Violence: How to protect your rights and yourself
- FAQs
- What should I do if my spouse is violent?
- What can the courts do to help me?
- Is emotional support available?
- Can I just leave the house and not come back?
- How often is domestic violence the cause of death and injury?
- Can I bring criminal charges against my attacker?
- What can the civil courts do to remedy domestic violence? What is the Domestic Violence Act?
- How is domestic violence defined in the Domestic Violence Act?
- Who does the Domestic Violence Act protect?
- What is the residency requirement for filing a domestic violence action?
- What forms do I need to file a domestic violence action?
- Can I receive emergency relief without an ex parte order?
- What is a domestic violence ex parte order?
- What remedies are available for relief from domestic violence?
- How long do domestic violence protective orders last?
- How are domestic violence protective orders enforced?
- What can the victim do to gain emergency assistance?
- What should be included in the domestic violence complaint?
- When should I file for emergency relief?
- How should I prepare for a domestic violence trial?
- Forms
- Domestic Statutes
- §15C-3. Address Confidentiality Program.
- §15C-4. Filing and certification of applications; authorization card.
- §15C-5. Change of name, address, or telephone number.
- §15C-6. Falsifying application information.
- §15C-7. Certification cancellation; records.
- §15C-8. Address use by State or local agencies.
- §15C-9. Disclosure of address prohibited.
- §50B-1. Domestic violence; definition
- §50B-2. Institution of civil action; motion for emergency relief; temporary orders
- §50B-3. Relief
- §50B-4. Enforcement of orders
- §50B-4.1. Violation of valid protective order a misdemeanor
- §50B-4.2. False statement regarding protective order a misdemeanor
- §50B-5. Emergency assistance
- §50B-6. Construction of Chapter
- §15C-12. Rule-making authority.
- §15C-13. Additional time for action.
- §15C-2. Definitions of Address Confidentiality Program
- §14-134.3. Domestic criminal trespass
- §15C-1. Purpose of Address Confidentiality Program
- §15C-10. Assistance for program applicants.
- §15C-11. Limited liability.
- §50B-7. Remedies not exclusive
- §50B-8. Effect upon prosecution for violation of 14-184 or other offense against public morals
- §50B-9. Domestic Violence Center Fund
- §50B-5.5. Prohibit employment discrimination against domestic violence victims
- Videos
- Articles
- Mediation
- Articles
- FAQs
- How is mediation initiated?
- What is the attorney’s role in mediation?
- How is arbitration initiated?
- What is an attorney’s role in arbitration?
- What is an attorney’s role in collaborative law?
- Can one spouse quit during the collaborative law process?
- Should I meet with an experienced divorce law attorney before deciding on mediation and/or arbitration?
- How can I find an experienced mediator?
- What if my case isn’t resolved through mediation?
- How do I find an experienced arbitrator?
- Is the arbitrated decision binding?
- What is the goal of collaborative law?
- Forms
- Court Complaint for Custody, Support, Alimony and Property Division
- Custody Mediation Cover Sheet Ii
- Designation Of Mediator In Family Financial Case
- Mediation- Motion And Order For Show Cause Hearing
- Motion And Order To Return To Custody Mediation Ii
- Motion And Order To Waive Custody Mediation Ii
- Motion For Order To Show Cause Domestic Violence Protective Order
- Order For Mediated Settlement Conference In Family Financial Case
- Report Of Mediator Or Other Netural Party In Family Financial Case
- Statutes
- §50-13.1. Action or proceeding for custody of minor child.
- §50-21. Procedures in actions for equitable distribution of property; sanctions for purposeful and prejudicial delay.
- §50-41. Purpose; short title.
- §50-42. Arbitration agreements made valid, irrevocable, and enforceable
- §50-43. Proceedings to compel or stay arbitration.
- §50-44. Interim relief and interim measures.
- §50-45. Appointment of arbitrators; rules for conducting
- §50-46. Majority action by arbitrators.
- §50-48. Representation by attorney.
- §50-49. Witnesses; subpoenas; depositions; court
- §50-51. Award; costs.
- §50-52. Change of award by arbitrators.
- §50-53. Confirmation of award.
- §50-54. Vacating an award.
- §50-55. Modification or correction of award.
- §50-56. Modification of award for alimony, postseparation support, child support, or child custody based on substantial change of circumstances
- §50-57. Orders or judgments on award.
- §50-58. Applications to the court.
- §50-59. Court; jurisdiction.
- §50-60. Appeals.
- §50-61. Article not retroactive.
- §50-62. Construction; uniformity of interpretation.
- §50‑41 Family Law Arbitration Act
- Videos
