Jeffrey E. Marshall’s Answers

Jeffrey E. Marshall

Raleigh Family Law Attorney.

Contributor Level 5
  1. I filed for divorce in one county and my husband filed for separation in another county what will happen

    Answered over 1 year ago.

    1. Amanda Bowden Houser
    2. Jeffrey E. Marshall
    2 lawyer answers

    You wrote that you filed for divorce in Cumberland County and he filed for separation in Wake County. I am going to assume that he filed for divorce as well because there is no such thing as filing for separation. The next assumption I have to make is that you filed in Cumberland because you live there and he filed in Wake because he lives there. If that is the case the person who filed first (you) typically wins. I recommend that you file a responsive answer to his complaint for divorce...

  2. I have been married for a little over a year...I got pregnant at 20 and was married to him a month after our son was here

    Answered over 3 years ago.

    1. Jeffrey E. Marshall
    1 lawyer answer

    Your questions appears to be asking what the difference is between an annulment and a divorce and whether you qualify for an annulment in the State of North Carolina. I'll do my best to answer both questions. Annulment. North Carolina General Statutes Section 50-4 it titled "What marriages may be declared void on application of either party." This is the annulment statute (law). In summary it reads that either party to a marriage contracted contrary to the prohibitions contained in the "...

  3. If I was married in Guilford County, Lived in Forest Couny and later moved to SC. I live in SC and need to file for divorce.

    Answered over 3 years ago.

    1. Jeffrey E. Marshall
    2. Gregory J. Brewer
    2 lawyer answers

    If you have satisfied the residencey requirements for the South Carolina then you may file for divorce in South Carolina. For example, in North Carolina either you or your spouse must be a citizen and resident of the North Carolina for 6 months prior to the time you file. If you satisfy South Carolina's residency requirement then you may file there. I would check with an attorney from South Carolina to find out what the residency requirements are.

  4. Can a baby be taken at birth because of moderate alcohol use during pregnancy?

    Answered almost 4 years ago.

    1. Jeffrey E. Marshall
    1 lawyer answer

    The issue at had is related to what is best for the child. A court is always looking to answer the question of "What is in the child's best interests?" I think you are narrowing the issues by essentially asking if there is a bright line test for determining whether your child may be taken away. If a court finds that you are not acting in the child's best interests then they will act accordingly. I think it would make the most sense to avoid alcohol if you aren't sure whether you should or...

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