Divorce
You likely have many questions before, during and even after divorce. It is important to understand your rights and make sure your concerns are addressed.
- Does "fault" matter in North Carolina?
- What is an absolute divorce?
- When can I file for an absolute divorce?
- What is divorce from bed and board?
- What is abandonment?
- What if I do not want to get divorced and my husband/wife does?
- What does being a resident in North Carolina mean for purposes of getting divorced?
- My wife and I no longer live in the same residence. Are we "legally separated"?
- My husband and I tried to get back together for a while. Does that make the one-year separation period start over for the purposes of getting a divorce?
- Is there common law marriage in North Carolina?
- If my husband and I lived in separate bedrooms for one year prior to making a claim for divorce, would that "constitute" one year's separation for purposes of filing for absolute divorce?
- Can I get a divorce if I just moved here four months ago?
- How long does the divorce process take once the complaint is filed?
- How can I get my marriage annulled?
- Can I get my maiden name back after I divorce?
Court Order Enforcement
- What rights do I have to enforce a Existing Court order?
- Separation agreements
- Property settlement agreements
- Child custody
- Child support
- Spousal support
Domestic Violence and Protective Orders
- What resources are there if I am being abused?
- What can a 50B protective order give me?
- What is an emergency ex parte domestic violence order?
- What type of evidence should I present in a 50B action?
Property Division
When a marriage ends, property and finances that have long been intertwined must be separated, valued and divided. The property division aspect of the divorce process can be lengthy and complex. If significant assets are involved, it can be difficult to reach an agreement, and extensive litigation may become necessary to sort through all the issues.
- How Is Property Division Determined?
- The duration of the marriage
- The age, health and earning of both spouses
- Income, property and debt of both spouses
- Expectation of retirement benefits
- Contributions to each spouse's education
- Liquid or nonliquid property
- Tax consequences
- How Property Is Classified
- Separate property: all property owned by either spouse before the marriage, property obtained as an inheritance or gift and property obtained after the date of separation
- Marital property: all property owned that was obtained during the marriage, including all retirement benefits and vested pension
- Divisible property: real and personal property obtained during the marriage but before separation
- What Happens to The House?
- Selling the house and splitting the proceeds
- One spouse buying out the other's share of the home to continue living in it
- Continuing to split the payments on the house if one spouse will continue living there so your children do not have to move
- I Own a Business - What is Used to Determine Child Support?
- What Happens to My Retirement Accounts?
- 401(k)s
- Pensions
- Annuities
- Health care benefits
- Military benefits
- Survivor benefits
- Is fault used in dividing marital property?
- What is Equitable Distribution?
- When can I file for Equitable Distribution (ED) and when is ED determined?
- What happens to my finances in a divorce?
Child Support
One of the most emotionally trying parts of any divorce is determining child custody. However, the most important thing to consider in any child custody case is the best interests of the children.
In nearly every case, it is better for parents to find consensus on parenting time that protects both parents' relationships with the children. We understand that there are some times where this will not be possible. When necessary, we will be ready to fight in court to protect your children and your parental rights.
- What determines the Basis of Child Support?
- Calculations
- Modification of payments
- Enforcement of payments
- Arrearages
- Establishment of paternity
- Show cause orders for failure to pay
- Calculating Payments
- Can I Modify Child Support and Alimony Payments?
- Your child suffering from an illness or injury that requires more child support for medical care
- Your child attending a new school that charges more for tuition
- Drastic change in day care costs or health insurance
- You or your spouse receiving a substantial raise
- Involuntarily losing your job
- How Do I Protect My Parental Rights in Custody Disputes?
- Determining if parents will share legal custody or if one parent will have final decision-making authority
- Figuring out where the children will live and how much time they will spend under the other parent's roof
- Deciding how the children will spend their holidays and summer and school vacations
- Protecting the visitation or custody rights of grandparents
- Helping a stepparent adopt a stepchild
- When Can I Modify Child Custody?
- A parent needs to or wants to relocate for employment or educational opportunities
- The child's school schedule changes
- One parent is abusive or is abusing substances
- The child's school performance declines while in the custody of one parent
- A parent suffers from a serious injury or illness that prevents him or her from being a primary provider
- The teenage child expresses a wish to spend more time with the other parent
- When Can I Relocate with My Children?
- What is the Adoption Process In North Carolina?
- A preplacement assessment
- The consent to adopt from the natural, biological parents
- An affidavit from the biological mother indicating the names, known addresses and marital status of the biological parents
- The certified copy of the background information on the adoptee-child's health, social, educational and genetic history, which is provided by his or her biological parent(s) or by the adoption agency placing the child up for adoption
- Any court order or pleading regarding the adoptee-child's custody or visitation
- An affidavit accounting for any payment made in connection with the adoption
- The document identifying any individual whose consent to the adoption is required and had not been obtained at the time your petition for adoption was filed
- Can I Adopt as a Step-Parent?
- No child support being paid for one year or longer according to the terms of the order
- Abuse or neglect of the child
- Abandonment of child
- Inability to properly care for the child
- Preplacement assessment
- Consent to adopt from the biological parents
- Affidavit from the biological mother stating the names, addresses and marital status of the biological parents
- Certified copy of the adopted child's health, education, social and genetic history
- Any court order regarding the child's custody or visitation
- Affidavit for any payment for the adoption
- Document identifying any required consent for the adoption
- Can I Relocate with my Child during Custody Proceedings?
- What Legal Steps Are Needed to Adopt?
- A preplacement assessment
- The consent to adopt from the natural, biological parents
- An affidavit from the biological mother indicating the names, known addresses and marital status of the biological parents
- The certified copy of the background information on the adoptee-child's health, social, educational and genetic history, which is provided by his or her biological parent(s) or by the adoption agency placing the child up for adoption
- Any court order or pleading regarding the adoptee-child's custody or visitation
- An affidavit accounting for any payment made in connection with the adoption
- The document identifying any individual whose consent to the adoption is required and had not been obtained at the time your petition for adoption was filed
- Do Grand Parents have any Child Custody Rights?
- Abusing the children
- Addicted to drugs or alcohol and refusing to seek help
- Neglecting the children's health
- Sick and unable to provide the proper care to their children
- Voluntarily giving up custody to a third party
- Will my child have to testify in court?
- What is the difference between legal custody and physical custody?
- When can a claim for child custody be filed? Once a child custody order has been entered, can it be modified?
- What does visitation mean in North Carolina?
- What is joint custody? What is sole custody?
- What is a custody evaluation and when should one be conducted?
- What impact could dating have on child custody?
- Do the North Carolina Courts favor one parent over the other in custody cases?
- Do children get to decide who they will live with?
Alimony & Post-Separation Support
Alimony and post-separation support are often among the most contentious issues in any divorce. One spouse believes he or she deserves more financial support, while the other thinks he or she is paying too much. This is especially true when one spouse was financially dependent on the other.
Please note: In North Carolina, if a judgment of absolute divorce is entered prior to filing a claim for alimony, you may never be able to file a claim for alimony, so be certain to speak with a knowledgeable attorney about your options.
- What is the Difference between Alimony and Post-Separation Support?
- Length of marriage
- Financial circumstances of both parties
- The education and training of each spouse
- Whether one spouse supported the other through school
- Does "fault" matter in North Carolina?
- What is post-separation support?
- What impact could my dating have on post-separation support and alimony?
- Is fault used in dividing marital property?
- How do I ensure my right to equitable distribution of marital assets?
- How is property divided in North Carolina?
Mediation
- Should I consider Mediation?
Prenup and Postnup agreements
- What are Premarital and Postnuptial agreements?
- Rights and obligations of both parties, as long as they do not violate public policy or criminal laws
- Each party's right to manage and control property, including buying and selling property
- How property will be divided upon divorce or death
- How spousal support will be modified or eliminated in the event of divorce
- When Do I Need a Prenup?
- Anyone with a great deal of assets should consider a prenuptial agreement. A prenuptial agreement can classify certain assets as nonmarital, protecting them during the property division process. Some common situations where a prenup is useful include if you:
- Are getting remarried and have children from another marriage: A prenup will protect assets for your children in the event of another divorce.
- Own a business: If you are the sole owner or the partner in a business, it would be wise to shield it from a divorce through a prenup. A lengthy dispute could affect the company's ability to earn a profit.
- Bought the house that you and your spouse will live in: Disputes over the marital home can become quite heated during the financial division process. If you want to retain the home, you can include that in a prenup.
- Have significant retirement assets: Classifying your retirement assets as nonmarital property will leave you better positioned for the future.
- Do not want to be responsible for your spouse's debts: You could potentially be on the hook for a part of your spouse's debts, such as credit card debt, during a divorce.