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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110568
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Following is in regards XXXXX XXXXX Carolina law; Background:

Customer Question

Following is in regards XXXXX XXXXX Carolina law;
Background: I left the residence 9/5/12. Our children are all over 18. Father and mother of our 4 year old grandchild are separated/never married.
1. How do I get my spouse to be responsible for 1/2 of the student loans taken out during marriage, she used part of the loan to go to school and obtain her ADN (RN) degree - we both presently work as RN's.
2. Can you file early and have the paperwork set to be performed on the year anniversary of my moving out.
3. If one parent of the grandchild signs papers stating that I can visit the grandchild and have her 1 day a month and 2 weeks in summer, is that all that is required for visitation?
Thank you.
Submitted: 3 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Under the NC laws a divorce can be entered one year and one day after the separation. However, NC is unique in that they allow for property matters to be settled before that time without any court intervention or approval through mediation or settlement negotiation. You cannot file for divorce before the separation period is complete, but you can negotiate the property settlement of the marital property before the divorce is filed.

Thus, you need to engage in property settlement negotiations now and you can negotiate for responsibility for the student loans she used as part of that agreement. Once you have agreed to all of the terms of the marital property settlement, you would put everything in writing and both parties would sign the agreement in front of a notary and this would be a legally binding marital property settlement which the court would not be involved in.

2) As stated above, divorce cannot be filed for in NC until the parties have been separated for the required year.

3) Absent any court custody order between the parents of the grandchild, either parent can grant you the right to see the child and even have visitation for overnight or for the time you are seeking as long as it is during that parent's time with the child. If the other parent objects they can go to court to get a court custody order to prevent such visitation. Without a court order, as long as the parent granting you the time with the child is doing so during their time they have with the child, they are free to do so.

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