Family Law FAQs
What can you do if you are experiencing domestic violence?
If you are in immediate danger, call 911. If you are experiencing domestic violence, you may also be able to seek a Domestic Violence Protective Order, commonly called a 50B order in North Carolina. Depending on the circumstances, a protective order may address contact between the parties, possession of the home, temporary custody, support, and other matters.
In certain situations, a judge or magistrate can issue an emergency ex parte protective order without first hearing from the other party. A temporary ex parte order can generally remain in effect for up to 10 days, after which a hearing is scheduled. Our North Carolina family law attorneys can help you understand the protective order process and how domestic violence may affect related custody, divorce, or support matters.
How much will the whole divorce cost?
It’s impossible to predict how much your divorce will cost, although your lawyer may be able to give you a range. The cost of the case depends on many factors, some beyond your lawyer’s control. These factors include the kind of lawyer your spouse hires, how you and your spouse behave in the litigation and the court to which your case is assigned. Generally, the more things you and your spouse can agree on, the lower your fees will be.
How long do you have to be separated before you can get a divorce in North Carolina?
In most cases, you and your spouse must live separate and apart for at least one continuous year before you can file for an absolute divorce in North Carolina. At least one spouse must also have lived in North Carolina for at least six months before the divorce complaint is filed. Living in separate bedrooms in the same home generally does not satisfy the separation requirement.
Our North Carolina absolute divorce attorneys can help you determine whether you meet the requirements for an absolute divorce and address other claims, such as property distribution or spousal support, before the divorce is finalized.
Can you sue someone for interfering with your marriage?
North Carolina is one of the few states that still recognizes an alienation of affection claim. This type of civil claim may allow a spouse to seek damages from a third party who wrongfully caused the loss or serious reduction of love and affection in a marriage. To succeed, you generally must prove that a genuine marital relationship existed, that the relationship was seriously damaged or destroyed, and that the third party's wrongful conduct was a controlling or effective cause of that damage.
Because these claims involve specific legal requirements and evidence, our NC family law attorneys can review the facts of your situation and explain whether an alienation of affection claim may be available.
How does a court or judge decide child custody?
North Carolina courts determine custody based on the best interests of the child. There is no automatic preference for mothers or fathers, and there is no single custody schedule that applies to every family. A judge may consider factors such as each parent's relationship with the child, parenting abilities, the child's needs, each parent's involvement in the child's life, domestic violence, and other circumstances affecting the child's welfare.
Our experienced North Carolina child custody lawyers can help you pursue an agreement with the other parent or present your case to the court when an agreement cannot be reached.
What does a parenting coordinator do in a high-conflict custody case?
Parenting coordinators can help parents address recurring disagreements about parenting after a custody arrangement is already in place. Depending on the circumstances and the authority granted to the coordinator, the process may help parents resolve disputes involving communication, scheduling, transitions, and other day-to-day parenting issues.
A parenting coordinator does not replace a custody order or automatically make major custody decisions. The specific role and authority depend on the circumstances of the case and the court's order. Your attorney can explain whether parenting coordination may be appropriate for your family.
How is child support calculated?
North Carolina generally uses Child Support Guidelines based on an income-shares model. The calculation can consider both parents' incomes, the custody schedule, health insurance, childcare expenses, and certain other costs associated with raising the child. Different worksheets may apply depending on the parents' custodial arrangements.
The Guidelines do not apply in every case. For example, they generally do not apply when the parents' combined gross monthly income is $40,000 or more. A court may also deviate from the Guidelines when the standard calculation would be unjust or inappropriate. Our NC child support lawyers can help you understand how the Guidelines apply to your circumstances.
What financial issues can arise during a high-asset divorce?
A divorce involving substantial assets can raise questions about business ownership, retirement accounts, investments, real estate, inheritances, taxes, stock, life insurance, and other financial interests. Determining how those assets should be valued and divided may require detailed financial records and assistance from financial professionals.
Our firm can work with the appropriate financial professionals when needed to identify, value, and address significant marital assets and debts. We can also help you consider other complex financial issues that may affect your long-term situation.
Can family law disputes be resolved without going to trial?
Yes. Mediation and arbitration can provide alternatives to having a judge decide every issue in a family law case. Mediation involves a neutral third party who helps the parties work toward an agreement, while arbitration generally involves a neutral decision-maker who resolves disputed issues according to the terms of the arbitration process.
The right approach depends on the issues involved, the relationship between the parties, and whether both sides are willing and able to participate. Our North Carolina family law firm can help you determine whether mediation, arbitration, negotiation, or litigation is appropriate for your case, so that you're on the right path from the beginning.
What does a prenuptial agreement cover?
A prenuptial agreement is a contract between people who are planning to marry. Depending on how it is drafted, it may address property rights, financial responsibilities, certain debts, and rights that would otherwise arise upon divorce or death.
A prenup should be prepared and reviewed before the marriage, with enough time for both parties to understand the agreement and obtain independent legal advice. Our North Carolina prenup lawyers can help you identify the issues that should be addressed and draft or review an agreement based on your circumstances.
How is marital property divided during a divorce in North Carolina?
North Carolina follows equitable distribution rules when spouses cannot agree on how to divide their marital estate. The court generally classifies property as marital, divisible, or separate; determines the value of the marital and divisible property and debt; and then distributes those assets and debts equitably between the spouses.
An equitable distribution does not necessarily mean that every asset and debt will be divided equally. Factors affecting the distribution can vary based on the circumstances of the marriage and the marital estate. The property division attorneys at our firm can help identify property and debts that may need to be addressed before your divorce is finalized.
What is a separation agreement, and do you need one to get divorced?
A separation agreement is a contract that can resolve issues between spouses after they separate. Depending on the agreement, it may address property division, spousal support, child-related matters, and other financial or legal issues.
You do not have to have a separation agreement to obtain an absolute divorce in North Carolina. However, reaching a written agreement can provide clarity about important issues and may allow spouses to resolve some or all of their disputes without a contested court proceeding.
Our North Carolina family lawyers can review a proposed agreement, negotiate terms on your behalf, or help prepare an agreement that addresses the issues relevant to your separation.
Who's eligible to receive spousal support in North Carolina?
Our state recognizes two primary forms of spousal support: postseparation support and alimony. Postseparation support generally provides temporary financial support after separation, while alimony may provide support for a specified or indefinite period.
Whether you qualify for support and how much you may receive depends on the circumstances of your marriage, the financial needs and resources of both spouses, and other factors. Marital misconduct can also affect certain spousal support decisions. One of our North Carolina spousal support lawyers can review your financial circumstances and explain the claims that may be available to you.