How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Tina Your Own Question

Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32721
Experience:  JD, 17 years legal experience including family law
4460311
Type Your Family Law Question Here...
Tina is online now
A new question is answered every 9 seconds

re Divorce law in both California and North Carolina

Resolved Question:

re: Divorce law in both California and North Carolina
Submitted: 5 years ago.
Category: Family Law
Expert:  Tina replied 5 years ago.

Thank you for contacting our JA team for guidance.


Please let me know the nature of your question.

Customer: replied 5 years ago.
(more details have been sent)
Expert:  Tina replied 5 years ago.

Quite a question. My suggestion would be this: One of them files for legal separation in NC and the separation agreement is also filed with the court. Once one of them has established residency in CA, have the NC orders registered in CA and convert the separation into a petition for dissolution. I believe this would achieve all of their objectives while facilitating their moves.


Please let me know if you need additional information.

 

Best regards,

TK

 

 

Please press the "accept" button so I may be credited for my time when I have answered your question. I am available to answer follow-up questions or to clarify this answer. Thank You.

Customer: replied 5 years ago.

They'd like to keep it simple. A "legal separation" in NC requires establishing grounds, testifying, ... - not a simple thing. It's not the route that "friendly divorces" take. And then having the court order registered in CA, etc., More steps to take.

 

When do they lose NC residency?

 

If they end up filing in CA, might the court question the terms of their divorce (ED, parenting, ch sup, sp sup)?

Expert:  Tina replied 5 years ago.

If the separation agreement is entered in NC, the CA court must recognize the order in NC as valid under the good faith and credit clause of the U.S. Consitution.

 

The would lose residency in NC as soon as they establish residency in another state. For the purposes of divorce, this would be 6 months in CA.

 

I'm still here to help you figure this out if you have further questions.

Customer: replied 5 years ago.
Noting that I'm not an attorney... When you say "separation agreement is entered in NC," does "entered" mean simply that they entered into a contract (the terms of their breakup), or does it mean that they've filed their contract with the court (which normally would not be done in NC)?
Expert:  Tina replied 5 years ago.
Yes, I took you to mean the separation agreement could be filed with the court. If they do not wish to incur additional expenses, the best way to do it is file and complete the process in one state or another. However, I was also wanting to get as much done in NC as possible because attorneys fees and costs are likely to be significantly higher in CA. So, if they could begin the process in NC, having already entered into a separation agreement that is filed with a court there, then there would not be much left to do in CA. It is not uncommon for hourly fees for attorneys to be upwards of $500/hr. in CA. Probably $350/hr. at a minimum.
Customer: replied 5 years ago.

Yep, sounds like CA is worse than NJ, where I recently moved from. In NC, I'm finding attorneys under $200 -- $350 would be well over the max.

 

Anyway, thanks for the help.

 

Art

Expert:  Tina replied 5 years ago.
You are welcome. Hope it helped. Take care, Art.
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32721
Experience: JD, 17 years legal experience including family law
Tina and 7 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 
Chat Now With A Family Lawyer
Tina
Tina
Attorney and Counselor at Law, Mediator
6461 Satisfied Customers
JD, 17 years legal experience including family law