The duration of alimony payments in North Carolina is determined by the couple in private or through negotiations with their attorneys, during mediation, or is ordered by the family court judge overseeing their cases. Alimony may be awarded temporarily to help one spouse get back on their feet, in a reimbursement capacity, designed to reimburse a spouse for contributions to the other spouse’s increased earnings, in a lump sum — in one payment or over time — or permanently. Alimony eligibility, the amount, and the duration are reviewed on a case-by-case basis.

Yes. If spouses cannot make divorce decisions, including alimony, in private, they can negotiate the terms of their divorce during mediation. However, North Carolina law only requires divorcing spouses to attend mediation before they can litigate child custody or property division cases inside the courtroom, not to solely decide alimony.

Yes. A North Carolina prenuptial agreement, which must be entered into voluntarily, can specifically waive a spouse’s rights to alimony, or detail how spousal support will be paid, including the amount and the duration of payments.

If one spouse is ordered to pay alimony in North Carolina, and does not make payments, the debt can be collected much like child support arrears. First, the failure to pay may result in a contempt of court charge. In addition, the spouse who was awarded the payment may pursue payment arrears in court or through wage garnishment.

The 2017 Tax Cuts and Jobs Act introduced a significant change regarding alimony payments. For divorce or separation agreements finalized on or after January 1, 2019, the individual making alimony payments can no longer deduct these amounts for tax purposes. Conversely, the recipient of the alimony is no longer required to declare the received payments as taxable income.

If you share children with someone you never married and the father’s name isn’t on the birth certificate or there’s no voluntary acknowledgment of paternity, establishing paternity is crucial before the father can claim custody or visitation rights. A judge can mandate a DNA test to verify paternity.

For unmarried parents, our child custody attorneys in Charlotte can guide you through the initial steps of establishing paternity. Proving the child is yours is essential before proceeding with custody or visitation claims. Let us help you navigate this important process.

In North Carolina, the court might take into account a child’s living preference if the child is deemed mature enough to express their wishes. However, even if a child is permitted to share their preference, the court isn’t obligated to factor it into custody decisions. Ultimately, the final decision rests solely with the judge.

Grandparents may be eligible to pursue custody of a grandchild when they can justify to the court that both parents are unfit or have acted in some other way that is inconsistent with their parental status. This may include facts like one or both parents being incarcerated, having a substance abuse problem, being homeless, having psychiatric trouble, or do not have the physical, emotional, and financial capacity to ensure the children’s well-being.

A temporary custody order will be in effect until the judge holds a new trial to decide about modifying the temporary order or entering a permanent order. Temporary custody orders are legally binding. The interim order dictates who has custody and visitation throughout the litigation or  settlement process.

Yes. This can be accomplished by incorporating your custody/support agreement in the body of the divorce judgment.

No, custody of a child can be granted to either parent, depending on the specifics of the case and what best serves the child’s interests.

Active-duty military members are protected under different family law statutes during divorce, child custody, and other important cases. If you are unable to attend court due to your active-duty status, you can request that the court case be put on hold until you return. Having a skilled  Charlotte family law attorney working on your behalf during your absence will help ensure your rights are protected.

Child support is typically calculated using a state-specific formula that considers several factors, including:

• The income of both parents
• The number of children involved
• The custody arrangement
• Any special needs or expenses for the children (such as medical expenses, educational costs, etc.)

Both parents are legally obligated to support their children financially. This responsibility ensures that the child’s needs are met, including food, housing, clothing, education, and healthcare.

Child support generally continues until the child reaches the age of majority, which is usually 18. However, it may extend beyond this age if the child is still in high school, has special needs, or is otherwise specified by the court order.

If a paying parent fails to make child support payments, they could face several consequences, including:

• Wage garnishment
• Interception of tax refunds
• Suspension of driver’s or professional licenses
• Contempt of court charges, which can consist of fines or jail time

The receiving parent has the right to seek enforcement of the child support order. They can work with state child support enforcement agencies or hire an attorney to take legal action against the non-paying parent.

To request a modification, you typically need to demonstrate a significant change in circumstances, such as:

• A substantial change in either parent’s income
• A change in the child’s needs
• A change in the custody arrangement

You can file a petition with the court that issued the original order or consult with a child support attorney to guide you through the process.

Generally, child support payments are made directly to the receiving parent or guardian to ensure the funds are used for the child’s well-being. However, in some cases, especially if the child is of legal age and is pursuing further education, the court may allow payments to be made directly to the child. Getting court approval before making any changes to the payment structure is essential.

If you lose your job or experience a significant change in financial circumstances, you should immediately seek a modification of the child support order. Filing a petition with the court for a modification based on a change in income can prevent legal consequences and allow for an adjusted, more manageable payment plan. Consult with an attorney to understand the necessary steps and documentation required.

Child support payments have distinct tax implications. For the paying parent, these payments are not tax-deductible. Similarly, the receiving parent does not need to report the child support as taxable income. It’s advisable to consult with a tax professional to understand how child support impacts your financial situation and ensure proper compliance with tax regulations.

In joint custody arrangements, child support might still be necessary to equalize the financial burden of raising the child between both parents. The court will consider the income of both parents, the amount of time the child spends with each parent, and any additional expenses to determine if child support should be awarded and, if so, in what amount.

Yes, paying parents can make voluntary additional payments beyond the court-ordered amount to cover expenses that benefit the child. It is often a good idea to document these additional payments separately and ensure they are clearly for the child’s benefit. However, these voluntary payments do not offset or replace the legally mandated child support obligations unless specified by a court order.

While prenuptial or postnuptial agreements can dictate specific financial arrangements between spouses, they cannot override the legal requirement to pay child support. The court’s primary concern is the child’s welfare, and any agreement attempting to waive child support obligations would likely be deemed unenforceable. It is crucial to discuss these matters with a knowledgeable family law attorney.

International moves add complexity to child support enforcement, but child support obligations do not cease when a parent relocates to another country. Many countries are part of international treaties that facilitate enforcing child support orders across borders. Before an international move, it’s essential to consult legal counsel to understand how to navigate these challenges and ensure ongoing compliance with support obligations.

In North Carolina, a separation agreement or other written document is not required to be legally separated. The spouses only need to be living in separate homes, and at least one of the spouses must intend the separation to be permanent. This is true for all North Carolina divorces, whether contested or uncontested.

North Carolina spouses may contest a divorce based on the details of the divorce, and their opposition to the terms. They cannot contest the divorce simply because they do not agree with it, or to keep it from happening. If your spouse’s sole goal is to keep the divorce from happening, he or she must only receive proper legal notice of the divorce but does not have to complete or sign any paperwork, file anything with the court, or go to court for the divorce hearing.

While it is not legally necessary, a contested divorce is one where the terms of the divorce are disputed. It pays to have a skilled Charlotte divorce attorney by your side, so you understand your legal rights and options throughout your case, and so your best interests are protected from the beginning. This is especially true if your spouse has an attorney. He or she will take advantage of the fact you are representing yourself, and your inability to understand the family laws that impact your case. We can help you understand your end-to-end position, so you can make informed decisions about every aspect of your case.

At Waple & Houk, our contested divorce attorneys in Charlotte will explain each of your negotiating options to you before your case moves into a courtroom. If you and your spouse cannot negotiate the details of your divorce before trial, we will litigate your case inside the courtroom, which may require your testimony, or at the very least, your presence. If that is true, we will thoroughly prepare you for each step of the legal process, so you are ready at every turn.

No. If you and your spouse have lived separately — in two different residences — for one year and a day, he or she intended that your separation would be permanent, and one of you has lived in North Carolina for at least six months, the North Carolina family court will enter a Decree of Absolute Divorce.

The safest answer and approach are to wait until your divorce is finalized before you start dating. This is because dating or getting involved in an intimate relationship with another person comes with some inherent risks that may impact the outcome of your divorce proceedings. For instance, if you share children with your soon-to-be-ex-spouse, your new partner’s relationship with the children may impact your child custody case. In addition, your spouse may make claims that your relationship was occurring before your divorce, which may impact your ability to receive — or give your spouse a case to receive — spousal support. Talk to a divorce attorney near you about any current relationships, so you know how it will impact your overall case, so there are no surprises later.

When dividing marital property, multiple inclusions that may not be top of mind, including credit card points, frequent flyer miles, incentive programs, and loyalty rewards can really add up. These are all marital property, when obtained during the marriage, and should be divided accordingly.

To obtain an actual divorce, known as an absolute divorce, in North Carolina, you must file the legal paperwork that will be approved by the court. You may make all the necessary decisions regarding your separation and divorce during the mandatory one-year waiting period. However, if you or your spouse have a child custody or property division dispute that cannot be agreed upon privately, or during mediation, you will have to go to court to litigate the outcome.

Same-sex divorce in North Carolina follows all the same requirements as another opposite-sex couple’s divorce: The couple must live separately for one year and a day, and one or both spouses must be residents of North Carolina for at least six months before filing. Talk to our skilled same-sex divorce attorneys about any extenuating custody or financial circumstances that may be influential in your case, so you can make informed decisions about your future.

Any time there is a presumably permanent shift in your family dynamics, you should consult with a Charlotte family law attorney who can ensure your rights are protected from the beginning. That includes when you are considering separation, divorce, child custody, property division, and other financial decisions that will impact the rest of your life. This is also true when you are expanding your family through adoption. A family law lawyer in North Carolina can help ensure all your legal paperwork is in order, and that you have all the details you need to make informed decisions about your case.

If you are in the process of separation or divorce in North Carolina, the answer is no. This is true because you have competing interests, which, by law, precludes one family law attorney from representing both parties. If, at any time, during your separation or divorce proceedings, you are presented with a document that requires your signature, be sure to have your attorney review it before signing. You must protect your best interests during a North Carolina divorce or other family law matters. We can help.

North Carolina law only requires divorcing spouses and/or parents who are no longer in a relationship to attend mediation if their family law case falls under one of two scenarios: If parents wish to take their child custody dispute to family court, or if divorcing spouses want to take their property division case to court. The couples are not required to reach an agreement for either type of case during mediation, but they are required to try.

No. The family law mediator simply guides the conversation and provides a platform for family law participants to reach common ground regarding decisions that could not be made otherwise. The mediator does not decide who is right or wrong and does not make any decisions about property division or child custody.

North Carolina courts have the authority to award attorney fees in child custody and child support cases. If the skilled Charlotte family law attorneys at Waple & Houk are representing your best interests, we will request an award of attorney fees on your behalf when appropriate. However, judges have the discretion to award attorney fees and the amount to be awarded.

To understand the full scope of your North Carolina family law case, including divorce, property division, spousal support, child custody and child support needs, we must review your full financial standing first. This information also allows us to counter any claims made by your spouse during the proceedings. These records and documents are crucial to the outcome of your case and the results we can obtain on your behalf.

Partnering with a family law attorneys is a personal decision that should be given a significant review before you place your future in the law firm’s hands to ensure they are a match for your needs. If, during your case, you have lost confidence in your attorney or you do not feel they are right to represent your best interests, you have the right to change counsel. However, changing attorneys can be costly in both time and money and is often the last resort when the issues cannot be resolved.

Not all North Carolina family law cases are argued inside a courtroom. In fact, many can be resolved in your attorney’s office, between your and your spouse’s attorney, or during mediation, so you can move forward without an extensive courtroom battle that may produce the same outcome in the long run.

North Carolina requires spouses to be separated for one year before they can file for divorce. This means that both spouses must be living separately and apart for one year before they are eligible for a divorce.

The answer is, it depends. Your divorce is unique, and depending on the details that must be determined to finalize the agreement, your North Carolina divorce can take 30-60 days, or a year or more. The timing depends on whether you have a separation agreement in place that will translate into divorce terms, or if you have an uncontested or contested divorce. Talk to our Concord family law attorneys today to learn more about your legal rights and options to pursue the quickest route to divorce in North Carolina, based on your unique circumstances.

Separation agreements are not required to be legally separated from your spouse in North Carolina. However, a separation agreement can resolve many of a couple’s legal issues during the one-year waiting period. Separation agreements can include details regarding property division, child custody, child support, and alimony. If both spouses agree, the details outlined in the separation agreement can transfer to the divorce agreement, which makes for a speedier end to the couple’s family law case.

Child support decisions can be outlined by divorcing parents in private, during mediation, or at trial – where a judge will dictate the child support terms. To start, child support amounts are based on child custody decisions. Simply put, typically the parent who has primary custody of the children will receive child support from the parent who receives visitation rights. If the parents cannot decide on a fair child support amount, a judge will decide the amount based on the North Carolina child support calculator, and any other details pertinent to the children’s upbringing.

North Carolina Divorce Law requires both spouses to participate in mediation when they cannot agree on child custody or equitable distribution details.

Yes. In fact, the courts prefer couples to sort out the sticking points of their divorce during mediation. This is especially true for child custody and equitable distribution disputes, as the North Carolina family courts will not hear the case until the couple has tried to resolve their issues during mediation.

No. Although North Carolina is an alimony state, one spouse is not guaranteed spousal support simply because they are getting divorced. If couples cannot agree to an alimony award, and amount, the courts will hear arguments for and against from both sides.

Finding a good North Carolina family lawyer begins by researching attorneys who specialize in family law. Search websites, reviews, and practice areas to find a family law attorney in North Carolina who offers initial consultations, so you can determine whether the attorney’s skills align with your needs, which will help ensure you are a good fit for each other. Your Monroe family law attorney must match your exact needs, which are unique to each case.

We cannot speak for all family law attorneys in North Carolina, but our Monroe family lawyers manage all aspects of each of our client’s unique divorces, which ultimately means something different for everyone. Some of our clients have young children who become the center of their divorce proceedings. Others have high assets and no children, which could mean partnering with fiscal experts and forensic accountants. Yet others have complicated relationships that require an experienced family law attorney in Monroe to get to the bottom of which details actually matter to our clients. No matter what your North Carolina divorce looks like, we can help.

Yes. Hiring a family law attorney in North Carolina will allow you to evaluate each aspect of your marriage dissolution, so your rights are protected throughout the process. That means pursuing an equitable distribution of your assets and ensuring that your children’s best interests are at the forefront of the proceedings. In some cases, we may be able to recover your legal fees from the other spouse in the final family law settlement.

Yes. Your North Carolina family law lawyer can only provide the best representation available when they are aware of everything that has been happening in your marriage, inside your home, and any outside interference with your family dynamics. The more our Monroe family law attorneys know about your circumstances, the better prepared we will be to produce successful results for your unique case.

The first step in preparing a change in your North Carolina family law case is contacting a family law attorney in Monroe who will advise and prepare you for the upcoming process. This includes understanding the facts associated with your case, what your expectations are, and how they align with North Carolina’s family law statutes, so that together we can create solid solutions inside and outside the courtroom, and you can move forward with confidence.

At Waple & Houk, our Charlotte LGBT family law attorney sees all couples, spouses, and parents the same way: Equal. We provide exceptional legal representation to all family law clients, regardless of sexual orientation. The difference is, North Carolina’s family laws and statutes are more complex for same-sex couples who were never married and share children, which requires significant legal knowledge in these complicated areas of law. We have the experience, skill, and resources same-sex couples need to pursue a successful family law outcome, whether they were married or not. You deserve top-notch legal representation, no matter who you are. That is what we provide.

Civil unions and domestic partnerships are not legally equivalent to marriage in North Carolina. Although they formally recognize the committed partnership for same-sex couples, they usually do not confer the same privileges and benefits as marriage. Couples who are committed to each other, but are not interested in formally getting married, may protect their rights using a cohabitation agreement.

The biological parent in an unmarried same-sex couple relationship has presumptive custody rights. The other partner has no legal rights to raise or make important decisions if he or she has not adopted the child. If the second parent has adopted a child or obtained a parentage judgment is on equal footing with a biological parent and can be given custody rights and support rights, depending on the best interests of the child and other factors. If you were never married to your partner, and are seeking shared custody of your children, contact our skilled LGBT family law attorney today for help understanding your legal rights and options to maintain your important role in their lives.

In North Carolina, child custody, parenting time, and child support requirements are gender neutral. If you and your partner adopted a child, you are both the child’s legal guardians and are responsible for the financial care of that child, just as if you were biological parents. That means your separation will be reviewed just as married parents would. Depending on your custody agreement, one or both parents may be responsible for paying child support based on the North Carolina Child Support Guidelines.

Yes. When couples can agree on property division details without going to court, they can outline the terms in a separation agreement, which can be used as the framework for their divorce decree.

It is not unheard of for spouses to hide assets to avoid dividing them with the other party. It is, however, illegal. Our skilled Charlotte property division attorneys will review your full marital finances to ensure all property is included in the financial review. This may include partnering with a forensic accountant or other financial analysts who are professionally trained to identify and locate any assets your house may be hiding — or attempting to hide.

If you want to preserve your claim equitable distribution, you must file these claims with the court before the Judgment of Divorce being granted. If a North Carolina family court judge signs the divorce decree before you assert an equitable distribution claim, you will be barred from later bringing these claims in front of a judge.

In most North Carolina divorces, equitable distribution law presumes an equal 50/50 division. When one party insists he or she does not want “anything” from their divorce, it is because they think the divorce will be over sooner. This is typically not true. While it may avoid litigation, which is quicker than a contested divorce, the waiting period for divorce is the same: one year from the day after the spouses separate. Before you decide to leave your marital property to your spouse by default, speak to our experienced divorce attorneys in Charlotte first. We can help you understand your legal rights and options to pursue your divorce with the least resistance, while still maintaining your right to the property you share.

Like every other type of service, every Charlotte uncontested divorce lawyer charges a different price. Uncontested divorces are typically considerably cheaper than contested divorces since things like child support, child custody, and other family law services are not involved. The best thing you can do is set up a consultation with a local divorce attorney at Waple & Houk to get your questions answered and find out how much your uncontested divorce will cost.

A North Carolina divorce defendant has 30 days to file an Answer with the court or request a motion for an extension of time to file an Answer, or at the end of 30 days when no Answer is filed.

If the divorce is uncontested, the defendant does have the option to waive the 30 days by submitting a Waiver and Answer form. When this period expires, the Clerk’s office will set a hearing date to finalize the divorce decree. The finalization will depend on the North Carolina family court schedule.

In North Carolina, you are required to go to court and attend a final divorce hearing. Our leading uncontested divorce attorneys in Charlotte will make you aware of the court date, and ensure you are prepared to finalize the details, so you can move forward with your new life with confidence.

Yes. Even if you were married in another state, you can get divorced in North Carolina if you meet the requirements. This includes one of you living in the state for at least six months and being separated for at least one year.

North Carolina law does not require you to retain a divorce attorney to pursue an uncontested divorce. However, with all legal matters, partnering with a skilled divorce attorney in Charlotte will ensure your rights are protected from the start of your case. It will also ensure your divorce agreement is reviewed, and that you are getting what you deserve from your marital dissolution. Partnering with a North Carolina divorce attorney — even during an uncontested divorce — means never leaving your current livelihood or future to chance.