Family Law

Divorce

Divorce is not easy, but it happens. Unfortunately, an already difficult situation is usually compounded by the complexities of the Court. That’s why it is vitally important to have a divorce attorney to handle any issues that arise from a separation.

You have to meet certain grounds to get a divorce in North Carolina:

• You must have been a resident of the state for at last six months before filing
• You and your spouse must live separately for at least one year
• At least one spouse must want the divorce

Marital Property Division

Depending on the length of the marriage, most couples acquire property during the course of their marriage. Generally speaking, marital property is anything acquired by the parties between the date of marriage and the date of separation. This often consists of real estate, personal property, and even retirement accounts such as 401ks and pensions. North Carolina is an Equitable Distribution state, so the Court will try to divide the marital assets as evenly as possible.

Child Custody

One of the most difficult issues with divorce is child custody. North Carolina Courts are supposed to consider the best interests of the child when making a custody determination. However, both parties are considered fit parents unless there is an extreme example of conduct unbecoming of a parent. Generally, both parents will get ample time with the children unless it has a negative impact on the welfare of the child.