Family Law

At a hearing, both parties present evidence regarding his/her respective gross and net incomes, his/her current reasonable living expenses, information regarding his/her marital standard of living in the years before separation, and other relevant factors.  The dependent spouse will introduce evidence to determine the difference between his/her reasonable monthly needs compared to his/her net monthly…

Here, we give you factors affecting the amount and duration of alimony. If a court determines that there is a dependent spouse and a supporting spouse, the court can order an alimony award, so long as the award is equitable, after considering the relevant factors of the case.  Although a court has wide discretion in…

Court-ordered alimony is only available from a “supporting spouse” to a “dependent spouse,” meaning only a dependent spouse may receive alimony.  North Carolina law defines a dependent spouse as “a husband or wife, who is actually substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of…

Alimony is defined under North Carolina law as “an order for payment for the support and maintenance of a spouse or former spouse, periodically or in a lump sum, for a specified or for an indefinite term, ordered in an action for divorce, whether absolute or from bed and board, or in an action for…

Pursuant to statute, post-separation support terminates at the earlier of (i) the date set by the court for termination, if any;   (ii) the date of death of either party;   (iii) the occurrence of the remarriage or cohabitation of the dependent spouse;   (iv) or the date on which alimony is allowed or denied.

Post-separation support, which is sometimes referred to as temporary alimony, is spousal support paid for a limited period of time, typically until an alimony award is made.  The elements needed to prove a post-separation support claim are similar to the alimony elements discussed below, including the need to establish that one of the spouses is…

Only custody orders (as opposed to agreements entered into outside of court) can be modified through the court system.  If there is a custody order, these orders can be modified when one of the parents successfully shows that circumstances have substantially changed since the previous custody order and that those changes have affected the welfare…

In North Carolina, if the parties are not able to come to an agreement on a custodial schedule, a custody action may be filed by either parent in District Court in the county in which the child resides. It is important to note that a court will not be able to hear the case unless the…

If parents cannot come to an agreement resolving their custodial issues, they may try to resolve them through methods of Alternative Dispute Resolution (ADR) such as mediation or arbitration. While arbitration and mediation are more commonly used in a formal litigation process, they can also be used before litigation begins to help the parties resolve…

We will guide you through the difference between physical and legal custody and between sole, shared or joint custody. In North Carolina, physical custody refers to the act of having the actual physical care, custody and control of the child while legal custody refers to the parental right to make major decisions regarding the child’s…