North Carolina Divorce Attorney Representing Men

What are the grounds for filing for divorce in North Carolina?

In North Carolina, the grounds for divorce are that the couple must have lived separate and apart for one year and that one party must have resided in North Carolina for six months prior to the filing of the action.

You can also apply for divorce on the basis of incurable insanity. This ground is not often used due to the fact that you have to live separate and apart for three years and you need proof of incurable insanity.

How much will my divorce cost?

There is really no way to determine how much a divorce is going to cost. The cost of filing an Absolute Divorce action in North Carolina is $75. You also need to factor in the costs of serving the other party and filing the other necessary documents with the court, as well as the additional cost associated if you are seeking a name change.

Can I annul my marriage?

There are only a certain limited circumstances in North Carolina that would enable a party to obtain an annulment. If the parties are nearer in relation than first cousins or between double cousins, you may petition the court for an annulment. If one of the parties were married and are less than 16 years of age then an annulment can be considered, if there is no child or the female is not pregnant with child.

Additionally, if either party is already married (i.e. bigamy) or if either party is impotent at the time of marriage, annulment can be considered. Further, if one of the parties to the marriage were incapable of agreeing to marry (i.e. coercion or do not understand) then an annulment may be obtained.

Finally, if a female lured the male into marriage by stating that she was pregnant; the parties separated within 45 days of marriage; and have been separated for one year then the male can obtain an annulment if a child has not been born within 10 lunar months of the date of separation.

It is important to speak to an attorney about the specifics of your case to determine whether or not an annulment is a viable option.

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Who will get custody of our child?

It depends. In North Carolina child custody is determined by using a standard whereby the judge will determine the best interest of the child.

The judge looks at every relevant factor that has to do with the children i.e. the stability of the parties, the living situation of the parties, who encourages the child in educational endeavors, and every other factor that has to do with the children.

While parties can contract outside of the court as to who has custody of the children, the court always has the opportunity to come in and determine the best interest of the children.

Can a parent refuse visitation?

The appropriate remedy for someone who does not pay their child support is go in front of a judge and have the judge determine the appropriate solution.

If the court initially ordered child support to be paid, then the appropriate remedy is to file a Motion for Contempt for their failure to pay the required child support.

If the child support was an agreement between the parties and was not incorporated into a court order, then you would have to Motion the Court to require the party to pay child support.

I would not refuse visitation with the parent based on the fact that child support is not paid. If custody and support were ordered by the judge, and you refuse visitation, you may get into a situation whereby you have both violated the order of the court (one for child custody and the other for failure to pay child support).

Can I modify custody?

In order to modify a permanent child custody order, you must first prove there has been a substantial change of circumstances that affects the child and has occurred since the date of the initial order. This substantial change of circumstances can be either a positive change or a negative change, but it must affect the child. After you have met that burden, the court then determines what is in the best interest of the child/children.

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