Bramble & Bramble, PA has the answers you need to better understand what may be required of you according to the law. We believe the more you know, the more effective we both can be in the fight for your rights. Below are some of the most frequently asked questions when an individual is faced with a separation.
No, separation agreements are not required to be legally separated in North Carolina. Not having an agreement will not stop both parties from getting a divorce after the one-year separation requirement. While you may not need one, it is highly recommended to save you both time and money if both parties can agree on the terms contained in the separation agreement.
After you or your spouse has been served with the Civil Summons and Complaint seeking an Absolute Divorce, you have 30 days to file a response, including any counterclaims that you may have. In most cases, it typically takes 60 days from the filing of the lawsuit for Absolute Divorce for the divorce to be granted by the Court.
It is imperative that you immediately speak to an attorney after you have been served with a lawsuit to protect your legal rights.
Legal custody of a child gives a parent the right to make major decisions in the child's life, such as where they go to school. Physical custody is where the child will live on a daily basis. There are several combinations of physical and legal custody between parents.
In determining a visitation schedule, a Court will either set a schedule the Court believes to be in the best interest of a child or the parents can agree on a visitation schedule.
If you are under a court order to pay child support, you must pay the court-ordered amount even if the other parent is preventing you from visiting with the child.
If you have any more questions or need to speak with an attorney about separating from your spouse, please contact Bramble & Bramble, PA right away. We serve Tyrrell, Hyde, Washington, Martin, and Beaufort Counties.