After you have hired a Charlotte divorce attorney, you will probably be spending a lot of time in uptown Charlotte with your children. Because court sometimes runs behind schedule, you might find yourself with some extra time to spend uptown with your children. Alternatively, you may want to maximize your time uptown after meeting with your Charlotte divorce attorney at a specified time.

One of the main attractions in uptown Charlotte for parents with children is The Discovery Place museum. The Discovery Place is located at 301 North Tryon Street, a convenient walking distance from where you will often meet your Charlotte divorce attorney at the Mecklenburg County Courthouse. The Discovery Place is a museum filled with educational events, shows, an IMAX theatre, 3D films, live animals, and hands-on activities that culminate into a family-friendly atmosphere. The non-member fee for visitors is $12 for adults and $10 for children, whereas the member price is free for both adults and children.

Another fun activity to enjoy with your children after meeting your Charlotte divorce attorney is ImaginOn, a collaborative venture of the Charlotte Mecklenburg Library and Children’s Theatre of Charlotte. Located at 300 East Seventh Street, ImaginOn offers children’s theatre productions and children’s theatre classes. There is no charge to use library services at ImaginOn, or participate in drop-in programs. Pre-registration is required for Children’s Theatre classes and some library programs, and tickets are required to see a show. If you want to plan ahead when you have an upcoming meeting with your Charlotte divorce attorney uptown, you can surely spend your extra time at ImaginOn with your children.

For adventurous families, The NASCAR Hall of Fame would be an excellent way to spend some extra time in uptown Charlotte after meeting with your Charlotte divorce attorney at the Mecklenburg County Courthouse. Located at 400 East Martin Luther King Boulevard, an adult ticket is $18.95, and a child ticket (5-12 years old) is $11.95. The 40,000 square foot Hall of fame is filled with more than 50 interactive experiences like tire-changing stations, realistic race simulators, a broadcast booth, and a specified Kids Zone.

Some families might want a more traditional museum experience when waiting to meet with their Charlotte divorce attorney. The Mint Museum Uptown offers the Lewis Family Gallery, where children can play, explore, and learn about the museum collection using hands-on activities. From creating art, to building and puzzle activates, the Family Gallery is open during regular museum hours. Located at 500 South Tryon Street, the museum is from walking distance from meeting your Charlotte divorce attorney at the courthouse. While member tickets are free, adult tickets are $10, and tickets for children under 18 are $5. Alternatively, if you are willing to drive a few minutes from uptown after meeting with your Charlotte divorce attorney, the Mint Museum located at 2730 Randolph Road is an excellent alternative to any of the previous suggestions. Tickets are the same price as the uptown Charlotte location.

Undoubtedly, there are many fun and exciting things to do for parents with children before or after meeting their Charlotte divorce attorney at the Mecklenburg County Courthouse. Make sure to take advantage of all of the family-friendly activities Charlotte has to offer!

The separation is under way.  You’ve moved out, gotten your own place, and you’re starting to think about moving on with your life.  You’re starting to notice other people when you go out and want someone to spend time with, someone who appreciates your company.  In short, you’re thinking about dating again.  While this may sound like a good idea, there are several problems to consider.

The best advice that you would get from your Raleigh divorce lawyer is simple—don’t do it.  Dating can have both personal and legal consequences that can be harmful to your divorce action.

Under North Carolina General Statute 50-6, a couple must be separated for one year before a divorce is final.  Even though separated, you are still technically married until the court enters the order granting the divorce.

North Carolina law still permits an action for “alienation of affection” against a third party whom the plaintiff feels is responsible for ending the marriage.  Even if you did not begin dating someone until after the date of separation, a suspicious former spouse may see the new boyfriend or girlfriend as the cause of the marriage’s end and bring a court action.  This action has a three year statute of limitations and doesn’t require sexual relations, unlike an action for “criminal conversation”.

The good news, however, is that both of these actions have defenses that can be raised in court.  For “alienation of affection”, a defendant can prove that no love and affection existed between the husband and wife.

Another defense exists under General Statute 52-13, which allows a defendant to prove that an act giving rise to the claim for “alienation of affection” or “criminal conversion” occurred after the date of separation.  Essentially, if you can prove that the relationship did not begin until after you separated, it hurts your former spouse’s claim that your boyfriend or girlfriend caused the marriage’s end.

Beyond these actions, dating can have an effect on any post-separation support you may receive.  Under General Statute 50-16.2A, amongst the factors a judge can consider in granting support is any martial misconduct by the parties.  Marital misconduct can include abandonment and “illicit sexual behavior.”  A former spouse could use evidence of your relationship, similar to the “alienation of affection” and “criminal conversion” claims, to argue that you are at fault for ending the marriage and deserve less financial support.

However, emotions aren’t governed by logic and reason, and if you are absolutely insistent on being able to date before the divorce is final, your Raleigh divorce lawyer can help you by drafting a post-separation agreement, which is authorized by General Statue 52-10.1.

The post-separation agreement acts as a contract between the spouses during the period of separation.  It can govern everything from financial support to relations between the parties.  This can include dating, permitting each party to see other people without a fear of legal action or loss of support.  In drafting the agreement, you should keep in mind that the terms will define what each party is permitted to do, so you and your Raleigh defense lawyer should be careful with what it says.

Again, the best thing to do while separated is to stay single.  If you must, do consult with your Raleigh defense lawyer before beginning to see someone romantically and discuss your options, including the possibility of a post-separation agreement.

When you suspect your spouse is being unfaithful during your divorce, you may be tempted to check his or her cell phone caller ID. While that’s completely understandable (any Raleigh divorce lawyer can tell you that they’ve had past clients in their offices in similar situations), it’s not always the best idea.

If you have checked your spouse’s cell phone caller ID, let your Raleigh divorce lawyer know. Although it may not have any bearing on your case, telling your Raleigh divorce lawyer everything is a good idea.

Your Raleigh Divorce Lawyer’s Role

Your Raleigh divorce lawyer needs to know about infidelity before and during your divorce. Regardless of whether you checked your spouse’s cell phone caller ID, your Raleigh divorce lawyer will need to know if you have any evidence of infidelity – or if you, yourself, were unfaithful. The reason your Raleigh divorce lawyer needs to know these types of things is to better protect your best interests in court.

Simply checking a spouse’s cell phone caller ID during divorce cannot prove infidelity.

The Downsides to Checking Your Spouse’s Caller ID

There are several “downsides” to checking your spouse’s cell phone caller ID during your divorce. The suspicion or proof of your spouse’s cheating may be what led you to your Raleigh divorce lawyer in the first place, and continuing to torture yourself by checking his or her cell phone caller ID isn’t emotionally healthy.

Getting caught checking your spouse’s cell phone caller ID can lead to a fight over privacy and personal information. If your spouse ever verbally or physically threatens you, or anyone else, leave the situation immediately. Call the police if you are in any danger, and notify your Raleigh divorce lawyer about the incident as soon as possible. Your safety is always your Raleigh divorce lawyer’s primary concern, and checking your spouse’s cell phone caller ID may put you in danger.

Your Raleigh divorce lawyer may advise you not to check your spouse’s caller ID during a divorce. Remember, your Raleigh divorce lawyer is highly experienced in cases like yours.

What Your Raleigh Divorce Lawyer May Advise

Your Raleigh divorce lawyer will be looking out for your best interests. If your Raleigh divorce lawyer suspects you are in any physical danger, he or she will likely advise you to move to a safe location. Since your Raleigh divorce lawyer has dealt with divorcing clients from all walks of life, it’s best to trust his or her judgment.

After you file for divorce, you’ll need to begin what attorneys call the discovery process. A Raleigh divorce lawyer will tell you that discovery is the means by which parties in a divorce case gain information necessary to help a judge make an informed decision about everything from spousal support (alimony/palimony) to child custody.

After the divorce pleading has been filed, you will find that you may not have access to information that you did while married. If your spouse has a separate bank account, for example, it is unlikely that he or she will grant you access to it, and the bank will not release a statement of the account without some order from the court telling them to do so.

This is where the subpoena comes into play. If you’ve never been involved in a legal proceeding before, you may be familiar with its representation on television and film, where it is often used to compel someone to appear in court. A subpoena for documents works the same way, essentially ordering a party or third party to turn over documents that can be used in evidence.

In North Carolina, Chapter 1A of the General Statutes contains the Rules of Civil Procedure. A Raleigh divorce lawyer knows these rules by heart and would tell you that under Rule 26, discovery permits you to collect almost any information that relates to any relevant issue in a case. This doesn’t mean that you can subpoena the other part for any document whatsoever, the request has to be relevant to an issue concerning your divorce. Otherwise, the other party will object and the court will determine that they need not turn over the document.

Rule 34 deals with the production of documents and states that the scope of a request for documents lies with any party to serve on any other party or someone acting on a party’s behalf. It also permits a party to access not just physical documents, but electronic documents as well, including emails and computer records. In addition, this rule requires that some written response be delivered to the requesting party within 30 days.

If they don’t respond, the court could penalize the party under Rule 37, which permits the court to accept any allegations as true as they relate to the requested documents or to hold the disobedient party in contempt. Further, the court can order the disobedient party to pay any reasonable expenses occurred by you or your Raleigh divorce lawyer caused by the failure to comply.

The North Carolina Administrative Office of the Courts has an easy to fill out pdf form on their website that can be found here: http://www.nccourts.org/Forms/Documents/556.pdf. If you’ve filed a pleading or had a pleading served on you, there should be a file number on the documents that you will put in the top right-hand corner of the form. In the middle of the first page, you’ll want to check the third box to request forms and then list them in the space provided. You need not worry about the “Return of Service” section, as that will be completed by the process server after you’ve filed the form.

To file your subpoena request, you will need to go to the Civil Division of the Wake County Courthouse, which is located on the 11th floor at 316 Fayetteville Street in Raleigh. There is a $30.00 fee for service of process. Lastly, if you have any questions, the people working in the Civil Division and Raleigh divorce lawyers waiting for their own cases to start will be more than happy to help.

Your Quicken® data files can help your Raleigh divorce lawyer – especially if they contain important joint financial information that may affect your divorce case. During a divorce, files can be lost, misplaced or deliberately tampered with, so whether your Raleigh divorce lawyer suggests that you copy them or not, it’s generally a good idea.

Copying your Quicken® data files can be done using the software’s built-in tools. You may copy your data files to a CD, a hard drive or a removable storage device (USB).

How Quicken® Data Files Can Help Your Raleigh Divorce Lawyer

Your Raleigh divorce lawyer may be able to use your Quicken® data files to help you in court:

• Your Raleigh divorce lawyer can use your financial data to make sure the court is aware of your financial situation

• Quicken® data can be used by your Raleigh divorce lawyer as evidence

• Your Raleigh divorce lawyer may use your Quicken® data files to compare your spouse’s records with yours

• Quicken® data files can help your Raleigh divorce lawyer reconcile your spouse’s claims

• Your Raleigh divorce lawyer can use Quicken® files to prove income

• Your Raleigh divorce lawyer can use Quicken® files to help determine child support amounts

How to Copy Your Quicken® Data Files to a CD

When you copy your Quicken® data files to a CD, you can give a copy of the CD to your Raleigh divorce lawyer. You can also send individual emails containing the files to your Raleigh divorce lawyer from the CD.

Step 1: Create a folder on your computer and name it “My Quicken® Data” or something similar.

Step 2: Open Quicken® and the data file you wish to save.

Step 3: Choose the “File” menu and select “Backup” from the drop-down menu.

Step 4: When prompted to choose a location to save your Quicken® data files, choose “On my computer.”

Step 5: Click “Browse” from the “Select the disk drive and path to the backup folder” box. Choose the folder you created earlier and click “OK.”

The file you saved can now be burned to a CD using your computer’s built-in CD burner. Ask your Raleigh divorce lawyer if he or she would prefer a copy of the entire CD or just certain data sets.

How to Copy Your Quicken® Data Files to a Removable Storage Device

Storing your Quicken® data files on a removable storage device makes them easy to locate, easy to share and easy to print from any computer. Your Raleigh divorce lawyer may suggest that you use a removable storage device for convenience reasons.

Step 1: Make sure your removable storage device is connected to your computer and open Quicken®.

Step 2: Choose the “File” Menu and select “Backup and Restore” from the drop-down menu if you have Quicken® 2010 or a later edition. (In Quicken® 2009, the option is simply labeled “Backup.”)

Step 3: Open the file you wish to copy in the “Backup data file” field. Select “On my computer” when prompted to choose the location, and choose the location of your removable storage device. If everything appears to be in order, click “OK” to begin copying your data files.

When your Raleigh divorce lawyer asks you for copies of your Quicken® data files, having copies in a safe, convenient location can save you a lot of time and hassle. Even if your Raleigh divorce lawyer doesn’t ask for copies, it’s a good idea to provide them so he or she can have additional insight into your financial situation.

What do you do with a fully executed Separation Agreement?

After negotiating a settlement with your spouse you now have a fully executed Separation Agreement that is signed and notarized.  You should talk with your Charlotte divorce lawyer to determine what to do with it next.  Your Charlotte divorce lawyer may tell you that all you need to do is keep a copy for your records.  However, he/she may also advise you to record the Agreement at the Mecklenburg County Register of Deeds.

Will your Charlotte divorce lawyer advise you to record your Separation Agreement with the Register of Deeds?

The advice of your Charlotte divorce lawyer will depend on what your future plans are.   For example, many people who have moved out of the former marital residence are looking to buy a new home separately from their spouse.  In this situation a Charlotte divorce lawyer will advise you to record your Separation Agreement as it places members of the public on notice of the agreement and its contents.

You want to be able to purchase a new home without including your spouse in any of the related transactions.  It is important for you to talk to your Charlotte divorce lawyer about how to do this.  The issues are how to obtain a mortgage independently of your spouse and how you can buy a home without your spouse having an ownership interest in it.

A Charlotte divorce lawyer knows you need to be able to show that your spouse has waived his/her ownership interest in the new home.  This knowledge has led your Charlotte divorce lawyer to include a “free trader” clause in the Separation Agreement which waives each party’s interest in any real property the other party buys.  This is the proof your mortgage lender needs.

When you show your mortgage lender a recorded Agreement he/she is put on notice that your spouse has waived his/her interest in any property that you buy. Without this, the lender will need both you and your spouse’s signature on the Deed of Trust as there will be nothing to show your spouse has waived his/her ownership interest in the new home.

If you do not plan on buying any real property then your Charlotte divorce lawyer will likely tell you that keeping a copy for yourself is all you need to do. This will allow you to refer back to the Agreement should you ever need to.

I am afraid that if I record my Separation Agreement my private life will now be public.

A Charlotte divorce lawyer will likely advise you to file a Memorandum of her Separation Agreement instead of the actual Separation Agreement so that you can keep specific details of the Agreement private.  

Whether or not to record the full Separation Agreement or a Memorandum of Agreement is a question for you to discuss with your Charlotte divorce attorney. 

Separation Agreement vs. Memorandum of Agreement

A Memorandum of a Separation Agreement outlines the contents of the Separation Agreement but does not contain any of the personal information that is usually in the actual Separation Agreement.

The Separation Agreement drafted by your Charlotte divorce lawyer likely includes personal information you may not want everyone to have access to.  It contains bank account numbers, account balances, address, children’s names etc.  A Charlotte divorce lawyer will advise you to keep these details private.

A Charlotte divorce lawyer can draft a Memorandum of Separation Agreement that summarizes the Separation Agreement without giving all of the private details. The Memorandum of Agreement can include a “free trader” clause that will be sufficient to place a lender on notice that your spouse has waived his/her ownership interest in any property you buy.

Where do you record a Memorandum of Agreement or Separation Agreement?

Whether you record the Actual Separation Agreement or a Memorandum of Agreement, they are both easy to record.

A  Charlotte divorce lawyer will either record it for you or will advise you to go to the County Courts Office Building located in downtown Charlotte to record it yourself.

Your Charlotte divorce lawyer will tell you to record an original copy that has been signed and notarized.

How much does it cost to record a Memorandum of Separation Agreement or a Separation Agreement?

• It costs $26.00 for the first 15 pages and $4.00 per additional page.
• You need to bring cash for the filing fee.
• Ask for two file stamped copies.  Give one copy to your Charlotte divorce lawyer and keep one for yourself.

With this done, you have placed the public on notice of the existence of a Separation Agreement and you are able to enter into a real estate transaction as though you are single.

Divorce is stressful – and it’s even more stressful if you’ve got to move during or after the proceedings. It can be difficult to consolidate a house full of furniture, family heirlooms and other belongings into a smaller home, and you may need to rent a storage unit during your divorce just to contain the things you own.

If you have discussed your move with your Raleigh divorce lawyer and have determined that you’ll need to move to a smaller home, begin looking for a storage unit right away.

How to Find a Storage Unit During a Raleigh Divorce

Ask your Raleigh divorce lawyer if he or she is familiar with local storage facilities. Your Raleigh divorce lawyer has worked with clients in situations similar to yours, and may have referred some to area storage centers. If you would rather search on your own than ask your Raleigh divorce lawyer, that’s fine too; do what you’re most comfortable doing.

There are several storage facilities in Raleigh that may be able to accommodate your needs.

What to Ask the Clerk at a Storage Facility

Even if your Raleigh divorce lawyer has recommended a storage facility, you’ll still need to ask a few questions to make sure the facility is a good fit for your needs.

• Describe what you’ll be storing and ask the clerk to help you determine what size storage unit you will need.

• Ask if ground-level units are available; if there are no ground-level units available, make sure there’s an elevator to make moving your possessions easier.

• Check pricing on comparable storage units. Storage costs can add up quickly.

• Determine whether there are security features that will keep your unit – and your belongings – safe.

Before You Store

Check with your Raleigh divorce lawyer to make sure you have the right to move items from your home. Your Raleigh divorce lawyer will be able to advise you on particular items that may belong to both you and your spouse.

Working Smarter, Not Harder

As you pack your belongings (be sure to check with your Raleigh divorce lawyer first, especially on high-dollar items), group similar items together. It may be tempting to rush through the house, tossing everything together, but that’s going to be tough to sort through later.

Pack your boxes to capacity, but spread the weight around. You will likely be moving these boxes at least twice (in and out of the storage facility), and you need to be able to handle them yourself.

Label your boxes as accurately as you can. If possible, write the contents of each box on its lid in case you need to find something quickly.

The Importance of Discussing Storage with Your Raleigh Divorce Lawyer

Make sure you have discussed your right to store items with your Raleigh divorce lawyer. Additionally:

• Ask your Raleigh divorce lawyer what will happen if your spouse requests access to your storage unit.

• Notify your Raleigh divorce lawyer if your spouse attempts to prevent you from renting a storage unit.

• Make sure your Raleigh divorce lawyer knows that you have rented a storage unit, and knows who has access to it.

While it seems inconsequential, your Raleigh divorce lawyer can help you avoid hot water if your spouse tries to put up a fight about your storage unit.

During your divorce, you may have to move out of your home. In that case, your Raleigh divorce lawyer will advise you to forward your mail or permanently change your address through the United States Postal Service. The USPS will forward your bills, letters and other mail for up to 12 months.

If your move is only temporary, your Raleigh divorce lawyer will probably tell you to use the USPS’s temporary change of address service. Your Raleigh divorce lawyer will suggest a permanent change of address if you will not be returning to your former home.

Forwarding Mail During Your Raleigh Divorce

If your Raleigh divorce lawyer has suggested that you complete a temporary change of address form from the USPS, visit The Official Change of Address Form.

Select “Temporary” and enter the date you want your mail forwarding to begin. Your Raleigh divorce lawyer can help you determine the best time to move during your divorce. Enter the date you want forwarding services to end; ask your Raleigh divorce lawyer to help you determine when you will move back into your home. You can change the date later if necessary. Click “Continue.”

Your Raleigh divorce lawyer will likely advise you to forward only your own mail, so select “Individual” on the next screen. Repeat the process for any minors who will be moving with you and click “Continue.”

Complete all the data fields on the next screen and check them for accuracy before clicking “Continue.” For identity verification, the USPS will charge $1 to your credit card before processing your temporary change of address.

Permanently Changing Your Address During Your Raleigh Divorce

If you have discussed your options with your Raleigh divorce lawyer and have chosen to permanently change your address, visit The Official Change of Address Form on the USPS’s website.

Your Raleigh divorce lawyer will likely suggest a timeframe for your move. Enter a date in the box labeled “Start forwarding on” that is within the timeframe you and your Raleigh divorce lawyer have determined.

Highlight the radio button marked “Individual” so that your spouse’s mail continues to be delivered to the home. If your Raleigh divorce lawyer advises you to forward mail for other family members, such as children or other dependents, repeat the process for them.

Enter data in each field on the following screen. The USPS will verify your identity by charging $1 to your credit card.

Keep Your Raleigh Divorce Lawyer in the Loop

Notify your Raleigh divorce lawyer if you encounter any snags in the mail forwarding process. Be sure your Raleigh divorce lawyer has your correct address on file, regardless of any forwarding applications you have filed with the USPS. Your Raleigh divorce lawyer may need to correspond with you by mail, and making sure he or she has the correct address will prevent your spouse from intercepting your mail.