North Carolina Family Law Attorney | North Carolina Divorce Lawyer

Child custody is a key issue in many divorce cases, and it can be a particularly emotional and contentious issue. In North Carolina, the court will consider the best interests of the child when determining custody matters. The court will consider factors such as the child’s age, health, and relationships with each parent when making a custody determination. In addition, the court may consider the ability of each parent to provide for the child’s physical and emotional needs, as well as the child’s relationship with siblings and other family members.

There are two main types of child custody in North Carolina: legal custody and physical custody. Legal custody refers to the right to make decisions about the child’s upbringing, including matters such as education, healthcare, and religion. Physical custody refers to the right to have the child physically present in the home. In some cases, one parent may be awarded sole legal and physical custody, while in other cases, the parents may share legal and physical custody on a joint basis.

When it comes to determining child custody, the court will consider the child’s best interests as the primary factor. However, the court may also consider a number of other factors, such as the parents’ ability to cooperate and communicate with each other, the child’s relationship with each parent and other family members, and the child’s adjustment to their home, school, and community.

It is important to note that child custody orders can be modified if there is a significant change in circumstances. If either parent believes that a modification is necessary, they can seek to have the custody order modified through the court. A North Carolina family lawyer can assist with the process of seeking a modification to a child custody order.

Child Support in North Carolina

Child support is a court-ordered payment that is made by one parent to the other parent to help cover the expenses of raising a child. In North Carolina, child support is determined using the Income Shares Model, which aims to ensure that children receive the same proportion of their parents’ income that they would have received if the parents had remained together. The court will consider the income of both parents, as well as the number of children, when determining the amount of child support that should be paid.

In addition to the Income Shares Model, the court may also consider a number of other factors when determining child support, such as the needs of the child, the standard of living established during the marriage, and the ability of each parent to pay support.

Child support orders can be modified if there is a significant change in circumstances. If either parent believes that a modification is necessary, they can seek to have the child support order modified through the court. A North Carolina family lawyer can assist with the process of seeking a modification to a child support order.

It is important to note that failure to pay child support can have serious consequences. If a parent fails to make required child support payments, they may face legal action, including wage garnishment, the suspension of their driver’s license, and even jail time. A North Carolina family lawyer can assist with the enforcement of child support payments and help ensure that children receive the financial support they are entitled to.

Alimony in North Carolina

Alimony, also known as “spousal support,” is a court-ordered payment made by one spouse to the other spouse to provide financial support during or after a divorce. In North Carolina, alimony may be ordered by the court in a divorce case to provide financial support to a spouse who may be financially dependent upon the other spouse.

The court will consider a number of factors when determining whether to award alimony, including the length of the marriage, the earning potential of each spouse, and the standard of living established during the marriage. The court will also consider the ability of each spouse to meet their own financial needs, as well as any other factors that may be relevant to the case.

There are several types of alimony that may be awarded in North Carolina, including temporary alimony, rehabilitative alimony, and permanent alimony. Temporary alimony is designed to provide financial support during the divorce process, while rehabilitative alimony is intended to help a spouse become self-supporting through education or training. Permanent alimony is intended to provide ongoing financial support after the divorce is final.

Alimony orders can be modified if there is a significant change in circumstances. If either spouse believes that a modification is necessary, they can seek to have the alimony order modified through the court. A North Carolina family lawyer can assist with the process of seeking a modification to an alimony order.

Adoption in North Carolina

Adoption is the legal process through which a person becomes the legal parent of a child who is not their biological offspring. In North Carolina, there are several types of adoption, including agency adoption, independent adoption, and international adoption.

Agency adoption is a type of adoption in which a child is placed with adoptive parents through a licensed adoption agency. Independent adoption is a type of adoption in which the adoptive parents and the biological parents make arrangements for the adoption directly, without the involvement of an adoption agency.

International adoption is the process of adopting a child from a foreign country. International adoptions are governed by the laws of both the United States and the child’s country of origin. International adoptions can be complex and may require the assistance of an experienced family lawyer.

In North Carolina, the adoption process begins with the filing of a petition for adoption. The petition must be served on the biological parents and any other interested parties, such as a guardian or custodian of the child. If the biological parents do not object to the adoption, the court will hold a hearing to determine whether the adoption is in the best interests of the child. If the court determines that the adoption is in the child’s best interests, an adoption order will be issued, legally establishing the parent-child relationship between the adoptive parent and the child.

A North Carolina family lawyer can assist with the adoption process and provide legal representation to adoptive parents or biological parents. They can also assist with post-adoption matters, such as the establishment of a parent-child relationship and the termination of the biological parents’ rights.

Domestic Violence in North Carolina

Domestic violence is a serious problem that affects many families in North Carolina. Domestic violence refers to any act of violence, abuse, or intimidation that occurs between individuals who have a personal relationship, such as family members, partners, or roommates. Domestic violence can take many forms, including physical, emotional, sexual, and financial abuse.

If you are a victim of domestic violence in North Carolina, you can seek legal protection through a domestic violence protective order, also known as a restraining order. To obtain a protective order, you will need to file a petition with the court, explaining the circumstances of the domestic violence. A hearing will then be held, during which you can present evidence and testimony in support of your petition. If the court determines that you are in need of protection, a protective order will be issued. A protective order can prohibit the abuser from contacting or approaching the victim, and may also include provisions for child custody and support.

It is important to note that domestic violence protective orders are temporary orders that are designed to provide immediate protection. If you are in need of ongoing protection, you may need to seek other legal remedies, such as a divorce or separation. A North Carolina family lawyer can assist with the process of obtaining a domestic violence protective order and advocate for your rights and safety. They can also assist with related legal issues, such as child custody and support.

Equitable Distribution in North Carolina

Equitable distribution is the process of dividing property and assets between spouses in a divorce case in North Carolina. The state is an “equitable distribution” state, which means that the court will divide marital property and assets in a way that is fair and equitable, but not necessarily equal.

Marital property and assets in North Carolina include any property or assets that were acquired during the marriage, with some exceptions. Separate property and assets, on the other hand, are those that were acquired before the marriage or by inheritance or gift, and are not subject to equitable distribution.

The court will consider a number of factors when determining how to divide marital property and assets in an equitable distribution case, including the length of the marriage, the contributions of each spouse to the marriage, and the needs of each spouse. The court may also consider any premarital agreements or postmarital agreements that may be relevant to the case.

A North Carolina family lawyer can assist with the process of equitable distribution and help negotiate a settlement agreement that addresses property and asset division in a way that is fair and equitable for both parties. If a settlement cannot be reached, a family lawyer can represent their client in court and advocate for their interests.

Prenuptial Agreement in North Carolina

A prenuptial agreement, also known as a premarital agreement, is a legal contract that is entered into by two people before they get married. In North Carolina, a prenuptial agreement can be used to outline the terms of property and asset division in the event of a divorce or death.

To be enforceable in North Carolina, a prenuptial agreement must be in writing, signed by both parties, and witnessed by at least two individuals. The agreement must also be entered into voluntarily, without duress or coercion.

In addition, a prenuptial agreement must be fair and reasonable at the time it is executed, and must not be unconscionable. The agreement must also be disclosed fully and openly, with both parties fully disclosing their assets and financial information.

A prenuptial agreement can be an important tool for protecting the interests of both parties in a marriage. However, it is important to seek the advice of a North Carolina family lawyer before entering into a prenuptial agreement to ensure that the agreement is enforceable and meets the requirements of the state. A family lawyer can also assist with the negotiation and drafting of a prenuptial agreement to ensure that it accurately reflects the intentions and needs of both parties.