I Can’t Afford an Attorney, Will the Court Appoint One for Me?
No, divorce and child custody and support cases are all considered civil cases. The law does not provide attorneys in civil cases.
Read MoreWhat Makes Military Divorce Different?
Divorcing a member of the military is very different from a regular divorce. If you are filing for divorce and your spouse is in the military getting your spouse served with the divorce complaint will be one of the first hurdles. The base where your spouse is stationed cannot accept service on behalf of your spouse. The easiest way to get your spouse served is if he/she will voluntarily accept service or during a time when your spouse is in the states. Serving a spouse overseas is difficult and often expensive. Once your spouse is served, he/she can request a stay of the proceedings, which...
Read MoreCan I Get a Protective Order Without My Spouse in Court?
In NC, there are two types of domestic violence protective orders: Ex parte/Temporary protective orders Final domestic violence protective orders, often called a 50B order or a restraining order Ex parte simply means that one party appears before the judge and the other party is not present. An ex parte order is temporary and a full hearing must take place to determine the final relief. If you are a victim of domestic violence you can file a civil action or a motion if there is already a current case pending and request a protective order. Prior to the hearing, if the court finds that there...
Read MoreDoes Domestic Violence Affect Child Custody?
In NC domestic violence can be considered by the judge in determining child custody. The standard for custody cases in NC is always “what is in the best interest of the child”. Unlike some states NC does not have a rebuttable presumption against custody to the batterer. However, the law does say that the judge shall enter orders that best protect the child and the abused from the abuser. The parent can file a motion for a restraining order for the child against the abuser and request child support if the child resides with that parent or the parent has custody of the child....
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