When can I file for divorce?

As soon as you and your spouse have lived under separate roofs for one year with one of you having the intent to remain separate and apart, either of you may file for divorce.

How long will it take to get divorced?

If there are no issues related to the absolute divorce, such as a disagreement over whether you and your spouse have actually been separated for one year, a divorce can usually be obtained between 60-90 days from the date a divorce complaint is filed.

Can my spouse and I use the same divorce attorney?

No. Even if you and your spouse agree, or think you agree, on how to address issues related to your property, financial support, and children, the law recognizes spouses seeking a divorce have competing interests. Thus, dual representation of spouses is prohibited by the North Carolina State Bar. This includes the drafting of a separation agreement for both spouses—an attorney may only represent one of the parties. If your spouse presents you with a separation agreement or any other type of legal document, you should have your own attorney review it in order to discuss the legal ramifications.

What is a legal separation? Do I need a document to officially be separated in North Carolina?

Under North Carolina Law, parties are considered “legally separated” when they begin to live separate and apart from each other (under different roofs) with the intent on the part of at least one of the parties to end the marital relationship. Parties may choose to execute a document formalizing their intent to separate, but no particular document is necessary in order for parties to establish their legal separation.

Do I have to wait a year in order to file for child custody, child support, spousal support, or equitable distribution?

No, those claims can be filed and heard by the court as soon as you separate (or even before separation, for some claims in some cases).

What is equitable distribution?

Equitable distribution, simply put, is the process by which your marital estate, including all assets and debts, is divided between two parties.

Who gets custody of the child in North Carolina?

The Court will consider a variety of factors to determine what custodial arrangement is in the best interest of the child. There is no presumption that one parent is preferable over the other.

How is child support determined?

North Carolina’s Child Support Guidelines are based on the income shares model. The income shares model is based on the concept that child support is a shared parental obligation and that a child should receive the same proportion of parental income he or she would have received if the child’s parents lived together. If the parties’ combined gross income is $480,000 a year or less, the parties may use the North Carolina Child Support Guidelines. The North Carolina Child Support Guidelines plug in different data points (income, cost of insurance coverage for the child, and cost of work related childcare expenses) and use a formula to populate the recommended child support figure.

If the parties’ combined gross income is more than $480,000 a year, then the Court should set support in an amount which meets the reasonable needs of the child for health, education, and maintenance, taking into consideration the estates, earnings, conditions, accustomed standard of living of the child and the parties, the child care and homemaker contributions of each party, and any other facts the Court may consider relevant.

Will I get alimony?

A judge must find one spouse is a dependent spouse and the other is a supporting spouse with the ability to pay in order to award alimony. Other factors are involved which may include extramarital relationships, duration of the marriage, relative earning capacities of the parties, marital misconduct, and more.

Can I get my attorney’s fees back?

In North Carolina, courts have the ability to award attorney fees in child custody, child support, and alimony cases. The courts also have authority to award attorney fees regarding the failure by one spouse to return of separate property of the other, or as a sanction if a party refuses to comply with discovery requests.

Do I have to go to court in order to get child support, child custody, spousal support, and/or equitable distribution?

Oftentimes spouses are able to settle their issues of custody, financial support, and equitable distribution without ever having to go to court. When that happens, the agreement of the parties can be spelled out in a Separation and Property Settlement Agreement or, in some cases, a Consent Order.

Do you offer virtual consultations?

Yes! Our attorneys may provide Zoom consultations for potential clients. We do not offer free consultations.  Therefore, payment by credit or debit card must be made prior to the telephone consultation.

*Disclaimer: these comments, while helpful, do not constitute legal advice. These comments are based upon North Carolina law at the time of the posting and represent the opinions of CHM. We recommend scheduling an initial consultation with one of our attorneys to discuss all of your family law questions.*