North Carolina Family Law Attorneys

What are practical suggestions for a spouse considering separation?
What is a legal separation?
What is the effect of resuming marital relations or reconciling on the parties’ separation? Does it start the 1-year separation period again?
If a spouse separates without financial resources, what government resources are available to potentially provide financial relief and medical insurance for the spouse and minor children?

How long must a spouse be separated before filing for divorce?
Is filing for Absolute Divorce or a Divorce From Bed and Board a better legal remedy?
What are the filing fees to file for divorce?
Is there a residency requirement for filing for divorce?
How long does the entire divorce process take?
Is marital fault or consent of a spouse relevant?
Can the Court grant possession of the marital residence to one spouse?
What objections or defenses can be raised at a divorce proceeding?
What are the effects of divorce on other issues, e.g. child custody, child support and property?

How is physical custody of children typically divided between parents?
Do third parties, e.g. grandparents and relatives, have custody rights?
Are the custody rights of same-sex parents the same as opposite-sex parents?
Is the Court typically likely to award sole or joint physical custody?
How is legal custody, i.e. decision-making power by parents over the children’s affairs, typically divided?
At what age are children not subject to custody agreements and orders?
Can these custody issues by settled by agreement instead of filing a law suit?
Is obtaining a temporary custody order appropriate?
Can an agreement or court order be modified at a later time?
Do minor children typically testify at a court hearing?
Does the State of North Carolina have jurisdiction in my custody matter?
In which county is venue of a court hearing most appropriate?
Is there a maternal preference in law or in practice?
Is mediation required?
Will a Guardian ad Litem be appointed by the court?
What is the impact of the other parent not hiring legal representation?

How are assets and debts classified as marital, separate or divisible?
Is there a presumption that each spouse is entitled to exactly half of the value of marital assets and shares responsibility for exactly half of the liability of marital debts?
Can the Court order an interim distribution of marital assets and debts to provide financial relief?
What is the effect of divorce on equitably distributing marital assets and debts?
Is marital fault relevant to a property distribution analysis?
What claims does a spouse have against the separate assets of the other spouse?
How is liability assessed for debts incurred after separation of the parties?
What solutions are available to deal with real estate and mortgage liability issues?
What is the best legal strategy to resolve issues concerning joint creditors?
How are tangible personal property items, e.g. furniture and clothing, typically itemized and divided?
How are intangible property items, e.g. life insurance policies and retirement accounts, typically divided?
How are complex marital assets, e.g. business interests and stock options, typically addressed?
How is the ownership and care of pets addressed?
What documents typically need to be prepared to change title on property, e.g. real property and automobiles?
Will the Court order a party’s attorney’s fees to be paid by the other party?

What are the criteria for determining the amount and duration of post-separation support and alimony?
What is the typical duration of spousal support?
Is marital misconduct relevant to the spousal support analysis?
Is spousal support based on the parties’ actual or potential incomes?
Is cohabitating with a partner an absolute bar to receiving post-separation support?
Is spousal support typically made in periodic or lump sum payments?
Does spousal support typically include maintaining medical coverage for a spouse?
What defenses can be raised?
What is the effect of divorce on spousal support?
What are the tax consequences to both parties?
Will the Court order a party’s attorney’s fees to be paid by the other party?

Who owes a child support obligation?
What are the criteria used to calculate a child support obligation?
At what point does the amount of custody impact a child support obligation?
Is adhering to the North Carolina Child Support Guidelines required?
In what circumstances can a Court or the parties deviate from the North Carolina Child Support Guidelines?
Aside from employment income, what other forms of income are relevant to a child support calculation?
Should child support be based on a parent’s actual or potential income?
How long does an obligation to pay child support typically last?
How are health insurance, daycare and extraordinary expenses accounted for in a child support obligation?
Can a child support obligation be modified?
What remedies are available against a parent who is not current with a child support obligation?
Will the Court order a party’s attorney’s fees to be paid by the other party?

What civil claims may a spouse have against a spouse for physical, emotional or psychological abuse or mistreatment?
What civil claims may a spouse have against a third party paramour, i.e. lover, for indiscretions occurring during a marriage?
What are the criteria for evaluating the legal and practical considerations of filing these claims?
What are statutes of limitations for these claims?
What defenses are available for these claims?
What impact does a spouse’s consent, indifference or own adultery have on these claims?

What are the strategic and legal advantages of executing a premarital agreement?
What legal issues can be addressed, e.g. spousal support, property classification and distribution in a premarital agreement?
When is the latest that a premarital agreement should be executed before the wedding?
Should the premarital agreement be recorded at the Register of Deeds office?
Will a premarital agreement be valid and enforceable outside of North Carolina?
Can premarital agreements withstand legal challenges in court?
What are the grounds for challenging the validity of a premarital agreement?
What is the cost-benefit analysis of preemptively addressing legal issues in a premarital agreement compared to the potential costs of litigation in the event of separation or divorce?

What legal protections are available to protect a party and child/ren from the threat or infliction of physical, emotional or psychological abuse of a spouse or former partner?
What protection does a Domestic Violence Protective Order provide?
How quickly can a victim obtain a Domestic Violence Protective Order against a domestic violence offender?
Is a Domestic Violence Protective Order valid and enforceable throughout North Carolina and the United States?
What is the duration of a Domestic Violence Protective Order?
What are the consequences to a domestic violence offender who violates provisions of a Domestic Violence Protective Order?
How will a Domestic Violence Protective Order affect temporary custody of minor children?
What related criminal charges can a victim file against a domestic violence offender?
What local support groups are available?
Is a domestic violence offender required to undergo an abuse treatment program?
Is a civil no-contact order a more appropriate legal remedy?

Is annulment an appropriate legal remedy for ending a marriage that is brief in duration or was never consummated?
What are the grounds to obtain an annulment of marriage?
Is marital fault relevant?
What defenses can be raised?
What are the effects of annulment on other issues, e.g. child custody, child support and property?