Top
Typically, family law is the area of law that governs marriage; divorce; child custody; equitable distribution of marital property; alimony; and sadly, instances of domestic violence.
In North Carolina, there are only two grounds
for divorce (forget what you've seen on court
tv, divorce court, and other television shows).
Actually, there are many things that should
be done before you leave the marital household. Moving
out, where children are involved, may adversely
affect your rights regarding custody and
visitation of your children.
Prior to moving out, you should consult an
attorney so that you don't jeopardize any
of your rights regarding children and property.
One means of protecting these rights is a
separation agreement that your attorney will
draft for you. Once properly signed by both spouses, it will preserve
your rights should any disagreements occur
later on.
Separation and divorce are traumatic life
events. During this emotional turmoil most
of us don't think rationally. Couple this
with the fact that most people are unaware
of the laws that govern the distribution
property, the awarding of child custody,
the rights of one spouse to the property
of the other (including retirement accounts),
and the rules governing the awarding of alimony,
going through this difficult time without
legal representation is foolish to say the
least.
Without knowing when to file a claim for
alimony or equitable distribution (the splitting
of marital property), these may be completely
lost if not filed in a timely manner.
Be very careful. Until a final divorce is decreed by the court, you are still legally married to your spouse. Engaging in a sexual relationship with anyone other than your spouse, even during your separation period, is still adultery in the eyes of the law and may destroy any claim for alimony that you might have. Moreover, it might lead to an alimony award to your spouse.
Determining child custody can become very complicated. Under the old North Carolina law, a presumption was made in favor of the mother. Today, the court is obligated to consider the "best interests of the child," and as a result, may award custody to the father, or in unusual circumstances, someone other than the biological parents.
Under North Carolina Law, both biological
parents are obligated to financially support
their children. Strict guidelines are used
to determine the monthly contribution that
each parent must make. Among the factors
that are considered are:
The law in North Carolina is quite clear.
You must pay child support as determined
by the court and you cannot link payment
of child support to any other condition of
your separation agreement or divorce decree.
Non-payment of child support is a crime and
may subject you to imprisonment as well as
civil penalties.
The amount of child support that must be
paid by court order may be reduced or increased
if there is a substantial change in circumstances.
In these cases, either parent may seek a
change in the amount of child support paid
by filing the appropriate court action.