Navigate family legal matters with compassion and expertise. Our articles cover divorce, child custody, support, adoption, and domestic relations to help you understand your rights and options during challenging times.
Family law matters are among the most emotionally challenging legal issues a person can face. Whether you are going through a divorce, fighting for custody of your children, seeking protection from domestic violence, or navigating complex property division, having reliable legal information is essential for making informed decisions about your family's future.
North Carolina family law has specific requirements and procedures that differ from other states. For example, NC requires couples to live separately for one year before filing for divorce, and the state follows equitable distribution principles for dividing marital property—meaning assets are divided fairly, but not necessarily equally. Understanding these nuances can significantly impact the outcome of your case.
Child custody in North Carolina focuses on the best interests of the child, considering factors such as each parent's living situation, the child's relationship with each parent, the child's adjustment to home and school, and any history of domestic violence or substance abuse. Custody arrangements can include legal custody (decision-making authority) and physical custody (where the child lives), and may be sole or shared between parents.
Child support is calculated using NC's Child Support Guidelines, which consider both parents' incomes, the custody arrangement, health insurance costs, and other factors. Alimony (spousal support) may be awarded based on factors including the length of the marriage, each spouse's earning capacity, marital misconduct, and the standard of living established during the marriage.
Our family law resources address practical concerns such as how to prepare for divorce, understanding the separation agreement process, modifying custody or support orders, protecting yourself and your children from domestic violence through protective orders, adoption procedures, and grandparents' rights. We provide guidance to help you navigate these difficult times with clarity and confidence.
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Learn everything you need to know about family law law in NC.
North Carolina requires a one-year separation period before you can file for divorce. After filing, an uncontested divorce can be finalized in as little as 2-3 months. Contested divorces involving disputes over property, custody, or alimony can take significantly longer—sometimes years. Issues like equitable distribution and custody can be resolved separately from the divorce itself.
NC courts determine custody based on the best interests of the child. Factors include each parent's ability to provide care, the child's existing relationships and routines, each parent's mental and physical health, any history of domestic violence, and the child's own preferences (if old enough). Courts generally favor arrangements that allow the child to maintain relationships with both parents when safe to do so.
Equitable distribution is how NC divides marital property (assets and debts acquired during marriage). "Equitable" means fair, not necessarily equal. The court considers factors like each spouse's income, contributions to the marriage (including homemaking), length of marriage, and each spouse's needs. Separate property (owned before marriage or received as gifts/inheritance) typically remains with the original owner.
NC uses the Income Shares Model, which estimates what parents would have spent on the child if they lived together. The calculation considers both parents' gross incomes, the custody arrangement, work-related childcare costs, health insurance premiums for the child, and extraordinary expenses. Online calculators can provide estimates, but courts have discretion to deviate from guidelines in certain circumstances.
Yes. If you are experiencing domestic violence from a spouse, former spouse, household member, or dating partner, you can seek a Domestic Violence Protective Order (DVPO). You can file at your local courthouse, often without an attorney. Emergency (ex parte) orders can be granted the same day. A hearing will be scheduled within 10 days for a longer-term order. Violations of protective orders are criminal offenses.
Alimony is financial support paid from one spouse to another after separation or divorce. NC considers the dependent spouse's need and the supporting spouse's ability to pay. Factors include marriage length, each spouse's age and health, income and earning capacity, contributions to the other's education or career, marital misconduct, and standard of living during marriage. Alimony can be temporary, rehabilitative, or permanent.
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