Family Law Services
Navigating family law, the court system, and legal language can be overwhelming. Finding straightforward, jargon-free answers is challenging, and the system can often feel out of reach.
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The best way to get started is to schedule a consultation. When you’re ready, reach out to us—we’ll guide you through the process, help you make informed decisions for yourself and your family, and stand by you as your advocate so you can move forward with confidence.
Mediation
Divorce mediation is often used as an alternative to litigation when a couple is ending their marriage in North Carolina. This form of alternative dispute resolution can provide the parties with a more cost-effective and less time-consuming way to reach agreement on the various issues that must be resolved in order for the divorce to be finalized.
During the mediation process, the parties can discuss matters such as the division of assets and debts, spousal support, child custody and visitation, and child support. The mediator is a neutral third-party who can help the parties reach an agreement on these issues. Unlike a court proceeding, the mediator does not make a decision; instead, the mediator facilitates the discussion and helps the parties reach an agreement that is acceptable to both sides.
Arbitration
Divorce arbitration is another form of alternative dispute resolution that is available in North Carolina. This process is similar to mediation, but instead of having a neutral third-party facilitate the discussion, an arbitrator is appointed to make a binding decision on the issues in dispute. The arbitrator is typically an attorney who is experienced in family law and can make an impartial decision based on the evidence presented. The decision of the arbitrator is legally binding and can be enforced by the court.
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Separation
North Carolina is unique in that parties’ separating from one another is what triggers most of the family law claims. To be considered separated, parties must live separate and apart. That is, they must live in different households. The date of separation is the first day the parties stop living under the same roof together. Living in the same house but different rooms or different floors is not enough. If you and your spouse are still living in the same house, you are not separated.
You do not need a legal document to prove you are separated. You are simply separated when you begin living separate and apart.
Many people begin discussing separating well in advance of actually taking that step. Those discussions lead to big questions like:
- Who will stay in the house and who will move out?
- How will you share custody of the kids?
- Who will pay what bills?
- How do you begin?
You don’t need to have all the answers before you separate from one another; but it helps to have some answers. It helps even more to know what questions to ask, and what steps to take to protect yourself
We are here for you when you’re ready to start planning a separation, or if you’ve already separated and are ready to think about what comes next. Click here to inquire about an initial consultation with us.
Breach of Promise to Marry
In North Carolina, breach of promise to marry is not recognized as a legal cause of action. Therefore, no legal remedy exists to pursue a claim for this type of action. A person who believes that a promise to marry has been broken may be able to pursue a claim for damages in certain limited circumstances, such as when a party has suffered a financial loss due to a breach of promise.
Absolute Divorce
North Carolina is a no-fault divorce state. There are requirements that parties must meet to be eligible for divorce, the most significant being that the parties must have been separated from one another at least one year and one day before either party can file for divorce. This does not mean that you will get divorced in a year and a day; that is simply the first day that you will be eligible to file for divorce. It may take another six to eight weeks for the divorce to be finalized.
Basic Requirements for an Absolute Divorce in North Carolina
At least one spouse has been a resident of the State of North Carolina for at least 6 months before filing for divorce.
At the time of the parties’ separation, it was the intent of at least one party to permanently end the marital relationship.
The parties have lived separate and apart for at least 1 year and 1 day before the divorce complaint is verified.
There has not been a resumption of marital relations during the period of separation.
The Separation Requirement
The separation requirement is a serious one. To be considered separated, parties must live separate and apart. That is, they must live in different households. The date of separation is the first day the parties stop living under the same roof together. Living in the same house but different rooms or different floors is not enough. If you and your spouse are still living in the same house, you are not separated.
The Intent Requirement
In addition to the separation requirement, at least one of the spouses must have intended to permanently end the marital relationship when the parties separated. The parties do not need to tell one another – or anyone else – of this intent. But when the divorce paperwork is filed, the party filing for divorce must verify (under oath) that when the parties separated, at least one party intended to end the marital relationship and that the parties have stayed separated the entire year. That is, the parties have not reconciled or resumed the marital relationship since the beginning of the separation.
If the parties reconcile or resume the marital relationship after their date of separation and then separate again later, the second separation date is used for filing for divorce as well as other claims the parties have that relate to the date of separation.
The Effect of an Absolute Divorce
In North Carolina, a divorce only terminates the legal relationship between the spouses. When the divorce is granted, the parties are no longer married. A divorce does not address any other claim. People often think, “We’ll deal with custody or support in the divorce.” That is not the case in North Carolina. You may still need to deal with all the other claims (child custody and support; property division; alimony), but you will not do that in the context of the divorce.
While you will not deal with the other claims in a divorce, a divorce will cut off your right to make claims to equitable distribution and alimony if those claims are not filed before the entry of the divorce judgment. You may resolve those claims before the divorce is granted and, if done properly, the divorce should not have any impact on that resolution. However, if you have not properly resolved equitable distribution and/or alimony before you file for divorce, you should speak with a lawyer to find out how to either properly resolve or preserve those claims.
Child Custody & Visitation
The word “custody” can refer to either legal custody or physical custody.
Legal Custody
Legal custody generally means decision-making authority for a child – who gets to make decisions about the child’s health, education, and overall well-being? This applies to the big decisions that must be made for a child. Typically, short-term, day-to-day decision-making will fall to the parent who has physical custody of the child on any given day.
Legal custody is often shared equally by both parents. This is known as “joint legal custody.” However, in certain situations, legal custody may be given solely to one parent (“sole legal custody”), or one parent may have the final say about certain specific issues (“decision making authority”) if the parents can’t agree on that issue.
Physical Custody
Physical custody means where a child lives and spends his or her time. Physical custody can be awarded on a sliding scale – one parent may have primary physical custody with the other parent having less frequent time, the parties may share custody equally (“shared physical custody”), or, in very rare situations, one parent may have exclusive physical custody.
Physical custody arrangements can vary widely – folks often think about “every other weekend” schedules, but there are many others, and you can get creative in crafting a schedule that works for you, your family, and your child.
Visitation
When applied to a parent, the word “visitation” means the same thing as physical custody. However, in limited circumstances, North Carolina law recognizes the visitation rights of third parties like grandparents. For third parties, “visitation” really does mean limited visitation time with a child.
How Resolved
Child custody can be addressed and determined in almost infinite ways in North Carolina. The parties may reach an agreement about custody on their own or through mediation and write their agreement down in a separation agreement or custody agreement, which is a private contract between the parties, or they may put the terms of their custody agreement in a consent order that is then signed by a judge and becomes an order of the court. Agreements and orders vary in enforceability and modifiability, and it is a good idea to discuss the pros and cons of each with a lawyer. If the parties are unable to agree on custody, then custody will be determined by a judge after a trial.
Until there is a formal custody agreement or court order, neither parent has more of a right to legal or physical custody of their child. In essence, the “default” is joint custody until a court order or formal agreement says otherwise. This is true whether or not the child’s parents were ever married to one another.
Termination
Custody orders and agreements all terminate when the child is 18 or becomes emancipated
Emergency Custody
North Carolina recognizes limited circumstances where a party may seek an emergency custody determination. Emergency custody can be awarded on a temporary basis if there is a substantial risk that the child is in physical danger (i.e., physical or sexual abuse) or if there is a substantial risk that the other parent may remove the child from the state for the purpose of evading the jurisdiction of the court. If a judge grants an order for emergency custody, a return hearing is usually scheduled within 10 days. The return hearing usually “feels” like a temporary custody hearing; it tends to be a shorter hearing and usually results in a temporary order.
Third-Party Custody and Visitation
If you are not a parent of the child for whom custody is sought, then you are seeking either grandparent visitation or third-party custody or visitation. The law about who, other than the child’s parents, has the right to seek custody of a child is very specific. Whether or not you are able participate in a lawsuit for custody or visitation as a grandparent or third party will depend on a variety of unique circumstances.
If you are a grandparent, family member, or other third party who is seeking custody or visitation of a child, please contact us to set up an initial consultation to discuss your rights.
Child Support
In North Carolina, both parents are obligated to provide financial support for their children. The amount of child support is determined by the North Carolina Child Support Guidelines. The guidelines consider the income of both parents, health care costs, daycare costs, and other factors. The North Carolina Department of Health and Human services provides an online calculator to help parents calculate child support.
Alimony
Alimony, or spousal support, is not guaranteed in North Carolina. Alimony may be awarded to a spouse who is financially dependent on the other spouse, if the court finds that it is necessary. The court considers several factors when making its decision, including each spouse’s income, the length of the marriage, and the standard of living established during the marriage. The court can also award alimony on a temporary or permanent basis. In North Carolina, alimony is generally not awarded in short-term marriages. The court may award alimony for a period of time that is equal to one-half the length of the marriage. For example, if the marriage lasted four years, alimony would generally be awarded for a period of two years.
Equitable Distribution
Equitable distribution is a process used to divide marital property and debts in a divorce. In North Carolina, all marital property is subject to equitable distribution. Marital property includes any property acquired by either spouse during the marriage, regardless of which spouse holds title. The court divides the marital property in a way that is fair and equitable, taking into account several factors, such as the length of the marriage, the spouses’ incomes, the contributions of each spouse to the marriage, and any premarital agreements. If you are going through a divorce in North Carolina, it is important to understand your rights and obligations under the law. An experienced family law attorney can help you understand the process and protect your legal rights.
Domestic Violence
In North Carolina, domestic violence is a serious problem. Domestic violence includes any act of physical, sexual, or emotional abuse between family or household members. It includes threats, harassment, stalking, and physical violence. It can occur between current and former spouses, current and former sexual or intimate partners, or between family members. Victims of domestic violence can seek protection through a domestic violence protective order. This order can require the abuser to stay away from the victim, refrain from contacting the victim, and surrender any firearms or other weapons. Victims can also seek legal assistance to obtain a divorce, child custody and support orders, and other legal remedies. It is important to remember that no one deserves to be a victim of domestic violence, and help is available.
Restraining Orders
A restraining order is a court order that requires an individual to refrain from certain activities or to refrain from contact with another person. In North Carolina, a restraining order is referred to as a “50B Protective Order” and is issued by a judge to protect an individual from a family or household member who has committed or is likely to commit an act of domestic violence. A 50B Protective Order can be used to protect a victim of domestic violence from physical or emotional harm, or to protect a minor child from a family or household member who has committed or is likely to commit an act of domestic violence. The order can also require the restrained person to stay away from the protected person and refrain from contacting them in any way. It can also order the restrained person to stay away from the protected person’s residence, place of employment, school, or other places frequented by the protected person. Violation of a 50B Protective Order can result in criminal sanctions, including jail time.
Alienation of Affections and Criminal Conversation
Alienation of affections and criminal conversation are two causes of action that were established in North Carolina in the early 1900s. In this type of lawsuit, an individual sues a third party for interfering in their marriage and damaging their relationship with their spouse. These causes of action allow for a spouse to seek financial compensation from someone who had wrongfully interfered in the marriage.
Prenuptial Agreements
A Prenuptial Agreement is a contract made by future spouses which can be used to specify each spouse’s property and support rights in the event of a separation, divorce, or the death of either spouse. These agreements can be written as broadly or narrowly as the parties need – and each prenuptial agreement should address the specific concerns of the soon-to-be-spouses. It is recommended that parties contemplating a prenuptial agreement consult with attorneys early in the process, allowing plenty of time to have open dialogue and healthy negotiation about the terms to be included in the agreement. The last thing you want to be doing on the eve of your big day is negotiating your prenup!
Cohabitation Agreements
A cohabitation agreement is a contract between two people who are living together but are not married. This agreement outlines the rights and responsibilities of each person in the relationship, and is meant to protect the interests of both parties in the event of a breakup or other dispute. In North Carolina, these agreements are legally binding and are enforceable in court. They can cover a variety of subjects, including division of property and assets, spousal support, and debt responsibility.
Separation Agreements
A separation agreement is a private contract that may be used to settle all issues between spouses who are intending to separate or who have separated. Separation agreements are commonly used to resolve alimony and equitable distribution but may also address other issues like custody and child support. To be enforceable, a separation agreement must be in writing and both parties must acknowledge it before a notary. If a party does not comply with all or part of the separation agreement, the other party may bring a breach of contract action to have the court enforce the terms of the agreement. A separation agreement has no impact on the parties’ legal status as “separated” from one another; but when complete, a separation agreement gives both parties the peace of mind that they have reached an important resolution in this chapter of their lives.
Postnuptial Agreements
A postnuptial agreement may be used to resolve property distribution issues between parties who are married to one another. A postnup can be executed at any time after parties are married to one another and it will remain binding on the parties while they remain married, after a separation or divorce, and even after death. To be enforceable, the agreement must be in writing and both parties must sign it before a notary in an “acknowledgement.” There are a variety of reasons that parties will execute a postnuptial agreement including in cases of infidelity, unexpected debt, a large inheritance, new business ventures, etc. A postnup can give parties the confidence in their partnership with one another as they navigate some of life’s tricky curve balls.