James Williams Hart

We believe in providing useful and free information to the public so that they can make informed decisions about their case. If you are considering a legal separation or divorce in North Carolina, visit our website for more information and resources, including divorce videos, how to guides, and more.

On a personal note, I am a husband and father and live in Cary, North Carolina with my family, our spoiled black lab Lucy, and three lazy cats. When I'm not in the office, I love to stay active, be outside, and spend time with my family.

Ohio State University - Columbus

J.D.

2002 - 2003

Ohio Wesleyan University

B.A.

1994 - 1998

Attorney/Founder

The Hart Law Firm, P.A.

2010 - Current

Attorney/Owner

The Law Office of James W. Hart, P.A.

2005 - 2009

Associate Attorney

Hill, Adams, Hall & Schieffelin

2005 - 2005

Asst. Public Defender

Office of the Public Defender

2004 - 2005

Death and Divorce - Estate Planning Considerations

NBI

2017

Business Law Basics

Self

2016

Death and Divorce - Estate Planning Considerations, Advanced Family Law - Raleigh, Raleigh, North Carolina

September 27, 2017

NBI

Cum Laude

Ohio Wesleyan University

1998

North Carolina Bar Association  # 61042

2016 - Current

North Carolina State Bar  # 40713

2010 - Current

10th Judicial District Bar

2010 - Current

Florida State Bar  # 719943

2004 - Current

Florida

Since 2004

North Carolina

Since 2010

• Credit Cards Accepted
  We accept all major credit cards, checks and e-checks.
• Contingent Fees
  We accept contingent fees on personal injury matters only.
• Rates, Retainers and Additional Information
  Our initial divorce assessment is $250 for the first hour, $350 for up to two hours.

Divorce

Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce

Family Law

Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law

Q. In an uncontested divorce case, where defendant filed no answer, is it unusual not to have a hearing after 3 months?

21 December 2018

A: I slightly disagree with Amanda. Whether or not you can calendar the case will depend on the rules in your county. You can file an answer agreeing with all the allegations and then file either your own motion for summary summary judgment (which you could calendar since it's your motion) or you file a notice of hearing. The rules in other counties may vary. If you are unable to calendar his case for hearing, then you should file an answer and counterclaim for absolute divorce - this way you just need to mail him a copy of your counterclaim rather than having him served via certified mail or process server.

Q. How can I get my ex husband to follow through with our vehicle property notice?

21 December 2018

A: If you do not file for equitable distribution prior to having your divorce entered, then you waive the right to have the family court decide this issue. However, since you have a written agreement, you may still be able to seek relief in the form of a breach of contract claim. I would recommend talking to a lawyer about how to go about this. Good luck.