Facing family law challenges?

Equitable distribution is the process by which marital property is divided between spouses upon divorce. In North Carolina, the law mandates that marital property must be divided equitably, which does not necessarily mean equally. The court will consider a variety of factors when determining a fair division of property, including the length of the marriage, the contributions of each spouse to the marriage, the economic circumstances of each spouse, and the needs of any minor children.

North Carolina is a “no-fault” divorce state, meaning you don’t have to prove that your spouse did something wrong. The only requirement is that you and your spouse have been living separate and apart for at least one year. The length of the divorce process can vary depending on several factors, including whether you and your spouse agree on the terms of your divorce and how complex your case is. The minimum waiting period in North Carolina is one year.

A parent who does not have primary custody is typically entitled to visitation with the child. The standard applied for an initial determination of custody and visitation is what is in the “best interests of the child” (or children).

There are many different ways for parents to share or allocate custody and visitation, so consult with an experienced family lawyer to get an idea of which arrangement might be best for your particular family.

Mediation is an alternative dispute resolution method in family law cases, aimed at helping parties reach agreements without court involvement. A neutral mediator facilitates communication and negotiation, focusing on mutually beneficial outcomes. Early private mediation can often help seperating parties save time, money, and stress, as it lets them retain more control over the process

In North Carolina, mediation is mandatory for child custody and equitable distribution disputes before court hearings. While mediation can lead to amicable resolutions, it may not be suitable for all situations, depending on the level of hostility, trust, and cooperation between the parties. Consulting with a family law attorney can help you assess whether mediation is appropriate and prepare effectively.

Child support is calculated based on the income of both parents and the number of children. The North Carolina Child Support Guidelines are used to determine the amount of child support that is appropriate in each case. Child support is typically paid monthly, and it can be modified if there is a significant change in the income of either parent or the needs of the child.

Factors Influencing Child Support Calculations in North Carolina

• Child support in North Carolina is calculated based on state guidelines that consider both parents’ incomes and the number of children. Key factors include each parent’s gross income, custody time, and additional costs such as health insurance premiums and childcare.
• Adjustments can be made for significant changes in circumstances, such as job loss or increased medical expenses. Compliance with support orders is crucial, as non-payment can lead to legal penalties. Consulting a family law attorney can clarify obligations and rights related to child support.

Collaborative family lawyers focuse on resolving divorce and family disputes amicably through cooperation rather than litigation. They work with clients and other collaboratively trained neutral professionals to find solutions that benefit the family.

In collaborative family law, both parties sign a participation agreement committing to resolve their issues outside of court. Each party engages their own attorney, and they may also involve other professionals, such as financial experts or child specialists, to facilitate the process. The parties meet in a series of sessions to discuss their concerns and negotiate terms.

This process can help save separating spouses significant amounts of time, money, and stress, by enabling them to maintain control of the decision-making process. Choosing a collaborative family law process allows each party to have expert guidance to work through areas of disagreement, without escalating into costly court battles