Common Family Law Questions for North Carolina Residents

Yes, you can file for divorce in North Carolina even if you are out of the country, as long as you meet the residency requirements. Either spouse, including the other spouse who may still be residing in North Carolina, must have lived in North Carolina for at least six months before filing. It’s advisable to work with an experienced family law attorney to navigate filing from abroad.

North Carolina follows equitable distribution, which means marital property is divided as equally as possible. This doesn’t necessarily mean a perfect 50/50 split, though. Instead, equitable distribution is achieved by considering factors like each spouse’s income, contributions to the marriage, and needs.

Marital assets and marital debt include property acquired and debts incurred during the marriage. North Carolina law distinguishes between marital property, separate property, divisible property, and personal property.

Marital assets are generally property acquired during the marriage, while marital debt refers to debts accumulated during the marriage, regardless of whose name is on the account. Separate property includes assets owned before marriage or received as inheritance or gifts, and is not subject to division. Divisible property refers to property that changes in value or generates passive income, such as interest or dividends, after the date of separation but before the final distribution.

Personal property, such as household items or vehicles, is also classified and divided according to these categories.

North Carolina requires a one-year separation period before filing for divorce. Unfortunately, there’s no legal way to bypass this waiting period in the divorce process, making it impossible to obtain a “quick divorce.”

A divorce from bed and board is a form of legal separation granted under specific circumstances, such as abandonment, adultery, or abuse. It does not end the marriage but provides legal remedies like property division or custody arrangements.

An absolute divorce is a legal, permanent end to a marriage. Once an absolute divorce is granted, both spouses are legally considered single and free to remarry.

Unless there’s a court order or mutual agreement, neither spouse is required to leave the marital residence during the separation period. In contentious situations, the court may decide based on factors like safety and child welfare.

Avoid hiding assets, making impulsive decisions, or ignoring court orders. Parents should not refuse visitation in violation of a court order, as to refuse visitation can result in legal consequences. Actions like bad-mouthing your spouse or making emotionally charged decisions can negatively impact your case, especially when children are involved.

The first step is to physically separate, as the one-year separation period begins when spouses live apart. You should also consult a family law attorney to understand your rights and create a plan or separation agreement—often formalized as separation agreements—to address issues like finances, custody, and property.

An uncontested divorce typically costs less than a contested one. Filing fees generally range from $225 to $300, with additional costs for legal assistance. The exact cost depends on the complexity of your case.

To file for divorce in North Carolina, one spouse must have lived in the state for at least six months, and the couple must have been separated for one year.

Because North Carolina is a no-fault divorce state, only one party needs to want the divorce for it to proceed.i

mYes, prenuptial agreements are generally affordable, especially compared to the potential cost of litigation during a divorce. The cost varies based on the complexity of the agreement and attorney fees, usually starting at around $800 for an attorney to draft the document.

Yes, you can create a prenuptial agreement in another state and marry in North Carolina. However, the agreement must comply with North Carolina’s laws to be enforceable.

Setting up a prenup involves discussing your financial expectations with your partner, disclosing all assets, and working with a qualified attorney to draft a legally sound agreement.

Yes, prenuptial agreements can specify how marital property will be divided in the event of a divorce. This clarity can prevent disputes later.

Factors like fraud, coercion, incomplete financial disclosure, and lack of consent can invalidate a prenuptial agreement in North Carolina.

You’ll need to provide information about your assets, debts, income, and financial obligations. Full disclosure is critical for the agreement’s validity.

A common prenup outlines property division, spousal support, and financial responsibilities during and after marriage.

North Carolina courts prioritize the best interests of the child when it comes to determining custody, considering factors like the child’s health, safety, and emotional well-being.

Unmarried parents have equal rights to child custody. However, legal paternity must be established for the father to seek custody or visitation.

Joint custody is a common arrangement in North Carolina.

Joint custody means that both parents share physical and legal custody of the child, with joint decision-making about important aspects of the child’s life and shared living arrangements.

Child custody is determined based on factors like each parent’s ability to provide a stable environment, the child’s relationship with each parent, and, in some cases, the child’s preference.

A custody agreement should include a detailed parenting plan outlining parental responsibilities, visitation schedules, holidays, and decision-making arrangements regarding physical and legal custody.

Legal custody refers to a parent’s authority to make important decisions about the child’s life. This includes choices about:

• Where the child goes to school
• What kind of medical care they receive
• What religion they’re raised in
• What extracurricular activities they participate in

Legal custody gives a parent the power to guide the child’s upbringing in meaningful ways.

There are two common types of legal custody:

• Joint Legal Custody: Both parents share the responsibility and must collaborate on major decisions.
• Sole Legal Custody: One parent has the exclusive right to make those decisions without input from the other.

Even if a parent doesn’t have physical custody, they may still share legal custody and be involved in these decisions.

Physical custody refers to where the child lives and who provides day-to-day care. It covers the child’s routine: what house they wake up in, who makes their meals, and who takes them to school.

Types of physical custody include:

• Joint Physical Custody: The child lives with both parents for significant, although not necessarily equal, amounts of time.
• Primary Custody (Sole or Primary Physical Custody): The child primarily resides with one parent, who is considered to have primary custody. The other parent is typically granted secondary physical custody, which refers to their visitation rights and the specific living arrangements for the child during their parenting time.

Physical custody arrangements can vary widely and are often designed to meet the child’s best interests, factoring in schedules, proximity between parents’ homes, and more.

In most custody arrangements, the non-custodial parent—the parent who does not have primary physical custody of the child—is typically expected to pay child support. This financial support helps cover the child’s basic needs, including:

• Food and clothing
• Housing
• Healthcare
• Education-related expenses
• Other day-to-day costs

The amount of child support owed is usually determined by state guidelines and takes into account factors such as each parent’s gross monthly income, the number of children involved, the amount of time each parent spends with the child, and the child’s specific needs.

Even if parents share joint physical custody, one parent may still be required to pay support, especially if there’s a significant income difference or if one parent covers more of the child’s day-to-day expenses.

It’s important to understand that child support is not optional—it is a legal obligation intended to ensure that children maintain a stable and healthy quality of life, regardless of which parent they live with.

Child support is calculated using North Carolina’s Child Support Guidelines based on parents’ incomes, custody arrangements, and the child’s needs. Extraordinary expenses, such as medical or educational costs, may also be considered in determining child support. In rare cases, a judge might order a different amount if it is determined that the amount set out in the guidelines is insufficient.

Some online calculators can help parents get an idea of the amount of child support they will be expected to pay.

North Carolina doesn’t use a set percentage for calculating child support. Instead, it uses an income-shares model to determine the appropriate support amount.

If a parent is unemployed, the court may impute income based on their earning potential or past employment history to calculate child support. This depends on whether the unemployed or underemployed spouse has become that way voluntarily or involuntarily, which the court can take a closer look at in individual circumstances. 

Victims of domestic violence may seek a Domestic Violence Protective Order (DVPO), also known as a “restraining order,” to protect themselves and their children from further abuse.

Firms like Van Camp, Meacham & Newman support clients through filing and enforcing these orders to ensure immediate legal protection.

Courts weighing custody or divorce matters consider domestic violence a significant factor, focusing on the child’s best interests. Evidence of abuse may impact:

• Custody decisions (legal and physical)
• Parenting time arrangements, including supervised visitation if safety is a concern
• Division of assets, alimony, and other relief

North Carolina’s child custody standards explicitly include a parent’s history of domestic violence or criminal conduct when determining a suitable, stable, and safe environment for children.

If someone dies without a will, the estate is handled by North Carolina’s probate law administrators. This means assets are distributed according to intestate succession laws—laws applying to those who pass away without a will—prioritizing spouses, children, parents, and siblings.

The exact order and allocation will depend on factors like the amount of children the deceased leaves behind, whether or not they were married, whether or not they have siblings or surviving parents, and the value of the assets themselves.

The estate enters intestate probate, where the court determines heirs and oversees distribution.

Heirs’ property laws address jointly owned property passed down without a will, often requiring unanimous agreement among heirs for decisions.

North Carolina does not have an inheritance or estate tax, but federal estate tax applies to estates exceeding $12.92 million (as of 2023).

A spouse may inherit all or part of the estate, depending on whether there are children, parents, or other close relatives.

Yes, an out-of-state will is generally valid in North Carolina, provided it meets the legal requirements of the state where it was created.

An estate planning questionnaire is a document that helps you organize your assets, debts, and goals for creating a comprehensive estate plan.

Yes, having a will ensures your assets are distributed according to your wishes and can simplify the probate process for your loved ones.

It’s a good idea to update your will to comply with North Carolina laws if you move to the state permanently.