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   County / Burke / Courts / Family Court / Court Process  Print  Court Picture
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Court Process

North Carolina has a unified court system, which means that the same laws apply in each county even though each district operates under their own local rules. Many districts have also adopted their own local forms.

The family court office provides tools and information about local procedure for many family related matters. Descriptions, flowcharts and explanations are provided below for

Absolute Divorce
Alimony & Post Separation Support ("PSS")
Child Custody/Visitation
Modification of Custody/Visitation
Child Support
Modification of Child Custody/Visitation
Contempt and "Show Cause"
Equitable Distribution and Interim Distribution
Juvenile Abuse Neglect & Dependency

Absolute Divorce :: The legal separation of man and wife, achieved by the judgment or decree of a court, and either totally dissolving the marriage relation, or suspending its effects so far as concerns the cohabitation of the parties. Read more in N.C.G.S. 50-11.

Written explanation about the local filing process
PowerPoint presentation about filing process and local resources

Alimony & Post Separation Support ("PSS") :: Allowances which husband or wife by court order pays other spouse for maintenance while they are separated, or after they are divorced (permanent alimony), or temporarily, pending a suit for divorce. Generally, it is restricted to money unless otherwise authorized by statute.

Flowchart and explanations of the local filing process

Child Custody/Visitation :: The care, control and maintenance of a child which may be awarded by a court to one of the parents as in a divorce or separation proceeding.

Flowchart and explanations of the local filing process
Modification of Custody/Visitation :: Changes to the initial or previously court-ordered arrangements for child custody and visitation.
Flowchart and explanations of the local filing process

Child Support :: The legal obligation of parents to contribute to the economic maintenance, including education, of their children. Enforceable in both civil and criminal contexts. In a dissolution or custody action, money paid by one parent to another toward the expenses of children of the marriage.

Flowchart and explanations of the local filing process
Resources
Modification of Child Support :: Changes to the initial or previously court-ordered arrangements for child support.
Flowchart and explanations of the local filing process

Contempt and "Show Cause" :: The judicial hearing or trial conducted to determine whether one has been in contempt of court (willfully disobeys lawful orders or fails to comply with an undertaking given by the court) and to make an appropriate decision.

Flowchart and explanations of the local filing process

Equitable Distribution (ED) & Interim Distribution :: Fairly dividing upon divorce all property legally and beneficially acquired during marriage by husband and wife, or either of them, whether legal title lies in their joint or individual names.

Flowchart and explanations of the local filing process

Juvenile Abuse, Neglect & Dependency :: When the Department of Social Services (DSS) files a petition alleging abuse, neglect or dependency of a child, these cases are heard in a special juvenile court.

Legal Terms used in Juvenile Dependency Court
Flowchart

 
 
   
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