It ordinarily is a good idea to consult with an experienced family law attorney regarding your rights and options before making significant decisions that effect you and your family. An experienced family law attorney can help you protect your rights, as well as the rights of your children. Family law attorneys are familiar with the current laws concerning marriage, divorce, property distribution, child custody, and financial support. Attempting to navigate, negotiate or litigate your family law matter without legal representation may be detrimental to your case, even more so when the other party has legal counsel guiding them. My advice is to speak with an experienced family law attorney before deciding whether to go it alone.

If the parents cannot agree on custody of their children, the courts decide custody based on "the best interests of the child". Determining the children’s best interests involves consideration of many factors such as the parenting roles and and whether either parent has traditionally been the primary caregiver.

Joint custody has two essential components: joint legal custody and joint physical custody. Joint legal custody refers to both parents sharing the major decisions affecting the child, which can include school, health care and religious training. Other considerations under these types of custody agreements can include: extracurricular activities, summer camp, age for dating or getting a job, and methods of discipline.

Joint physical custody refers to the time spent with each parent. The amount of time is flexible, and can range from a moderate period of time for one parent, such as every other weekend, to a child dividing the time equally between the two parents’ homes. In situations where the time spent with both parents will be divided equally, it helps if the parents live close to one another.

Some states use tables that indicate a support amount for different ranges of income, similar to tax tables. Although some states base support on the payor's income, many states use an income shares model, which is based on the income of both parents. Usually, the parent who has less physical time with the child will have the child support obligation. In situations where the parents have equal parenting time with the child , the parent with the higher income usually has the child support obligation. If a parent is intentionally not working or is working at less than he or she is capable of earning, the court can "impute income," which means setting support based upon what the parent is capable of earning rather than actual earnings.

The court has the power to hold a party in contempt for violating a court order. The contempt must be allowed an opportunity to "purge" the contempt, meaning to comply with the order. If the contempt does not purge the contempt and has the ability to pay, the court has the power of incarceration. In addition, many states have criminal penalties for failing to pay child support.

If a parent falls behind on child support payments, you do have options for enforcing it, but they must be carried out through the court. The court can use various methods to collect child support payments that are owed. These methods can include income withholding, wage garnishment, interception of tax refunds, liens or attachments to property.

Whether to enter into a prenuptial agreement is a personal choice between you and your intended spouse. Depending on your circumstances, it may be beneficial to consider a prenuptial agreement setting forth the terms of what will happen to your assets or how financial support will be addressed in the event of a separation or divorce. However, there are limitations on these types of agreements that you should discuss with an attorney.

Every divorce case takes a different length of time, depending on the unique circumstances. This will likely depend on how many issues are contested and how quickly you and your spouse can come to agreements. The most common factors that affect the length of the process include the ability for you to cooperate with your spouse, honesty about existing assets, openness to negotiations, and willingness to make sacrifices. Stubbornness, evasion, and animosity can hurt the process and cost more time and more money.

Property division can be quite complex. Property which each party brought to the marriage will be treated separately than property which was acquired during the marriage. North Carolina is an equitable distribution state, which means that property shall be divided in a manner that is fair, not necessarily equal.

The importance of a competent, experienced divorce lawyer cannot be overstated. Not only can your attorney guide you through all the necessary steps involved in the divorce process, but he or she can also provide insight that is crucial in such an emotionally-charged situation. Having the right counsel by your side throughout your family law matter can make all the difference in reaching a favorable resolution.

No. Spouses who are in the process of separation or divorce have competing interests. Attorneys are prohibited by the North Carolina State Bar from representing both of you, even in the negotiation or preparation of a separation agreement. If you are presented with, or contemplating, a separation agreement or any type of legal document, you should have your own attorney review it to ensure that you fully understand the legal ramifications. You and your spouse can choose an attorney to serve as mediator in your case but you cannot share an advocate.

No. Under North Carolina Law, parties are considered "legally separated" when they begin to live separate and apart from each other (residing in separate residences) with the intention on the part of at least one of them to remain living apart permanently. That being said, it is best to consult with an experienced family law attorney prior to physically separating from your spouse.

With the exception of obtaining the actual divorce, issues arising from your separation can be resolved outside of court. A lawsuit must be filed to obtain the actual divorce, known as an “absolute divorce”. Additionally, it may be necessary to file a legal action to give a court jurisdiction to enter a court order that is required to divide retirement assets.

No. A separation agreement must be signed by both spouses, freely and voluntarily, without undue influence or duress.

In North Carolina, parties must be separated for at least one consecutive year before they are eligible to file an action for absolute divorce. The date of separation establishes the earliest date that an action for absolute divorce can be filed. Additionally, your marital assets and debts are valued as of the date of the separation for purposes of equitable distribution.

Not necessarily. An isolated incident of sexual relations between parties who are separated will not invalidate their date of separation. However, if the parties resumed their marital relationship, as determined by a totality of the circumstances, the date of separation will be the date of the parties’ most recent separation.

A judge must find that one spouse is a “dependent spouse,” and the other spouse is a “supporting spouse” who has the ability to pay alimony. The judge will then consider the statutory factors and other relevant circumstances to determine whether an award of alimony is equitable.

A dependent spouse is defined as one who is actually and substantially dependent upon the other spouse for his/her maintenance and support or who is actually substantially in need of support from the other spouse. In determining a spouse’s need for maintenance and support from the other spouse, a determination must be made as to whether or not the spouse seeking support has sufficient resources to meet his or her own reasonable needs and expenses in accordance with the standard of living established during the parties’ marriage.

North Carolina uses the term “equitable distribution” to describe the process of equitably dividing the marital and divisible property and debts between spouses who have separated.

It depends. Any portion of your retirement account or pension plan that was acquired during the marriage, and prior to your separation, is presumed to be marital property that is subject to division between as part of the equitable distribution process.

Your attorney must have adequate information and documentation to support or defend legal claims asserted by you or the opposing party, and to investigate claims and allegations asserted by either party. We understand that the volume of documents that are required in many cases can be overwhelming. However, these documents are crucial to the outcome of your case and the results we are able to obtain on your behalf. For example, documents provided by you or the opposing party may enable your attorney to discover undisclosed assets, such as a spouse’s paycheck that was earned during the marriage but deposited the day after the separation and which should be included in the marital estate. It is also critically important for your attorney to have information and supporting documentation of each party’s income and expenses in connection with claims for spousal support and child support.

Legal custody refers to a parent’s right to make decisions on behalf of a child, including those that pertain to the child’s health, education, discipline, and spiritual training. The parents may have joint legal custody in which they must jointly make major child-related decisions together, or one parent may be awarded sole legal custody which allows this parent alone to make major decisions on behalf of the child. Physical custody refers to where the child resides and how much time the child spends in the physical care of each parent.

In most circumstances, it is best to consult with an attorney prior to vacating the home you share with your spouse or partner.