Family Lawyer in Raleigh, NC
Going through a family crisis? Get compassionate, experienced legal guidance for divorce, child custody, and all family law matters in Raleigh and Wake County.
Raleigh Office
Serving Wake County
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Evening appointments
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Comprehensive Family Law Services in Raleigh
Divorce & Separation
- Uncontested divorce
- Contested divorce litigation
- Legal separation agreements
- Collaborative divorce
- Mediation services
Child Custody & Support
- Child custody determination
- Visitation rights
- Child support calculations
- Custody modifications
- Parenting plans
Spousal Support
- Alimony determination
- Temporary support orders
- Permanent spousal support
- Support modifications
- Enforcement actions
Adoption & Other Services
- Stepparent adoption
- Agency and private adoption
- Grandparent rights
- Paternity establishment
- Prenuptial agreements
North Carolina Divorce Process
North Carolina is a no-fault divorce state requiring a one-year separation period before filing. This waiting period allows couples to address custody, support, and property issues through separation agreements.
Separation Period
Spouses must live separate and apart for one full year with intent to remain permanently separated. During this time, negotiate temporary custody, support, and living arrangements.
Separation Agreement
Draft comprehensive separation agreement addressing property division, spousal support, child custody, and support. This contract governs your separation period and post-divorce relationship.
Filing for Divorce
After one year of separation, file complaint for absolute divorce in Wake County Superior Court. Serve papers on your spouse and wait for response or default period.
Final Divorce Decree
Uncontested divorces can be finalized quickly through summary judgment. Contested issues require court hearings or trial. Final decree incorporates separation agreement terms.
Child Custody & Support in Wake County
Custody Types in North Carolina
Legal Custody
Right to make major decisions about child's upbringing, including education, healthcare, and religious training.
Physical Custody
Where the child primarily resides and spends daily life. Can be joint or primary with one parent.
Joint Custody
Shared legal and/or physical custody requiring cooperation between parents in child's best interests.
Supervised Visitation
Court-ordered supervision during visits when child's safety or welfare requires oversight.
Best Interest Factors
- • Safety and welfare of the child
- • Each parent's fitness and parenting ability
- • Emotional bonds between child and parents
- • Stability of each parent's home environment
- • Child's adjustment to school and community
- • Each parent's willingness to support relationship
- • History of domestic violence or substance abuse
- • Child's reasonable preferences (if mature enough)
- • Siblings' relationships and placement
- • Work schedules and childcare arrangements
Child Support Guidelines
North Carolina uses income shares model for child support calculations, considering both parents' gross monthly income, number of children, custody arrangement, and additional expenses like health insurance and daycare.
Income Consideration
Both parents' gross monthly income
Additional Costs
Health insurance, daycare, medical expenses
Custody Time
Overnight visits may affect support amount
Property Division in North Carolina
Marital vs. Separate Property
Marital Property (Subject to Division)
- • Property acquired during marriage
- • Increase in separate property value
- • Retirement benefits earned during marriage
- • Business interests developed during marriage
- • Professional licenses and degrees
Separate Property (Not Divided)
- • Property owned before marriage
- • Inherited property
- • Gifts to one spouse
- • Personal injury awards
- • Property excluded by agreement
Equitable Distribution Factors
- • Length of the marriage
- • Age and health of both spouses
- • Income and earning capacity
- • Education and professional skills
- • Standard of living during marriage
- • Contributions to marital property
- • Homemaker contributions
- • Debts and liabilities
- • Tax consequences of division
- • Custody arrangements for children
Common High-Value Assets
Real Estate
Family home, investment properties, vacation homes
Retirement Assets
401(k), IRA, pensions, government benefits
Business Interests
Professional practices, partnerships, stock options
Adoption Services in Raleigh
Building families through adoption is one of our most rewarding areas of practice. We handle all types of adoption in North Carolina, guiding families through the legal process with care and expertise.
Stepparent Adoption
- • Most common type of adoption in NC
- • Requires consent or termination of other parent
- • Creates full legal parent-child relationship
- • Usually completed within 3-6 months
- • No home study typically required
Agency Adoption
- • Licensed adoption agency placement
- • Home study and background checks
- • Birth parent counseling and consent
- • Post-placement supervision period
- • Final adoption hearing and decree
Private Adoption
- • Direct placement between families
- • Legal representation for all parties
- • Court approval of placement
- • Thorough legal documentation
- • Compliance with NC adoption laws
Relative Adoption
- • Grandparent or family member adoption
- • May have relaxed requirements
- • Important for establishing legal rights
- • Often involves kinship care situations
- • Preserves family relationships
Domestic Violence Protection in Wake County
If you're in immediate danger, call 911. We help domestic violence survivors obtain protective orders and navigate family law matters safely. Your confidentiality and safety are our top priorities.
50B Protective Orders
Emergency Protective Order
Available same day when courts are open. Provides immediate protection until full hearing.
Domestic Violence Protective Order
Up to one year protection after full hearing. Can include custody, support, and residence orders.
Available Protections
- • No contact orders
- • Restraining from residence or workplace
- • Temporary custody of children
- • Temporary support orders
- • Exclusive use of shared residence
- • Surrender of firearms
- • Temporary possession of personal property
- • Protection of pets
Local Resources
24-Hour Crisis Line: (919) 828-7740
Domestic violence services and shelter
316 Fayetteville St, Raleigh, NC
24/7 emergency protective orders
Wake County Family Courts
District Court
- Location:
316 Fayetteville St, Raleigh, NC 27601 - Jurisdiction:
Child custody, support, adoption, domestic violence, juvenile matters - Family Court Division:
Specialized judges handling family law cases exclusively
Superior Court
- Location:
316 Fayetteville St, Raleigh, NC 27601 - Jurisdiction:
Divorce, equitable distribution, alimony, appeals from District Court - Calendar:
Civil calendar includes family law matters and trials
Family Court Support Services
Mediation Services
Court-ordered mediation for custody and visitation disputes
Child Custody Evaluations
Professional assessments in contested custody cases
Guardian ad Litem
Court-appointed advocates for children's interests
Frequently Asked Questions
How long does a divorce take in Wake County?
North Carolina requires a one-year separation before filing for divorce. Once filed, an uncontested divorce can be finalized in 30-90 days, while contested divorces may take 6-18 months depending on complexity and court schedules.
What factors determine child custody in North Carolina?
NC courts consider the best interests of the child, including each parent's fitness, the child's safety and welfare, existing relationships, stability of home environment, and the child's preferences if age-appropriate.
How is child support calculated in Raleigh?
North Carolina uses income-based guidelines considering both parents' gross income, number of children, custody arrangement, and expenses like health insurance and daycare. The court can deviate from guidelines in certain circumstances.
Can I modify a child custody order in Wake County?
Yes, custody orders can be modified when there's a substantial change in circumstances affecting the child's best interests, such as relocation, changes in parental fitness, or the child's changing needs.
What is equitable distribution in North Carolina divorce?
North Carolina divides marital property through equitable distribution, meaning fair but not necessarily equal division. Courts consider factors like marriage length, each spouse's contributions, economic circumstances, and future needs.
Do I need to be separated before filing for divorce in Raleigh?
Yes, North Carolina requires spouses to live separate and apart for one full year before filing for absolute divorce. Legal separation agreements can address custody, support, and property issues during this period.
What is the adoption process in North Carolina?
NC adoption involves home studies, background checks, legal termination of birth parents' rights, placement periods, and final court hearings. The process varies by adoption type (agency, private, stepparent, or relative adoption).
Can grandparents get visitation rights in Wake County?
North Carolina allows grandparent visitation in limited circumstances, typically when parents are divorced, separated, or deceased, and when visitation serves the child's best interests. Living parents' wishes are generally respected.
What protection is available for domestic violence victims in Raleigh?
North Carolina provides domestic violence protective orders (50B orders) offering immediate protection, temporary custody, support, and exclusive use of residence. Emergency orders can be obtained same-day when courts are open.
How is alimony determined in North Carolina?
NC alimony considers the supporting spouse's ability to pay, the dependent spouse's need, standard of living during marriage, marriage duration, age, physical and mental health, and each spouse's contributions to the marriage.
Get Compassionate Family Law Representation
Family matters require sensitive, experienced legal guidance. We're here to protect your rights and help you navigate this difficult time with dignity and care.
Vasquez Law Firm, PLLC - Raleigh
4426 Louisburg Rd
Raleigh, NC 27616
(919) 533-7000
Free Consultation
raleigh@vasquezlawfirm.com
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