Can You Receive Child Custody or Child Support After a Divorce?
Yes. In North Carolina, you can request child custody or child support after your divorce is finalized, and you can ask the court to modify existing orders if your circumstances have materially changed. Divorce ends the marriage, but it does not freeze your parenting or financial situation in time. If your child’s...
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Annulment vs. Divorce in North Carolina: Key Legal Differences That Matter
An annulment and a divorce both end a marriage, but they do so in very different ways. In North Carolina, a divorce ends a legally valid marriage after a required period of separation, while an annulment declares that the marriage was never legally valid at all. That distinction can directly affect property...
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What Happens to Property & Debt After a Divorce in North Carolina?
When you get divorced in North Carolina, your property and debt are divided through a process called equitable distribution. That does not automatically mean everything is split down the middle. Instead, the court looks at what you and your spouse acquired during the marriage and divides marital and divisible property in...
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What Happens to Marital Debt in a North Carolina Divorce?
You signed the mortgage together. The credit cards were for groceries, school supplies, and family vacations. Now that the marriage is ending, you’re wondering who gets stuck with the debt. In a North Carolina divorce, marital debt is divided through equitable distribution, which starts with a presumption of an equal (50/50) division...
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Dividing 401(k)s, Military Pensions & Other Retirement Accounts in NC Equitable Distribution
In North Carolina, a divorcing couple must divide their marital property, including retirement accounts or assets. However, dividing retirement assets can involve particular legal procedures to avoid serious financial or tax consequences, making it critical for spouses to have experienced legal counsel when negotiating or litigating the division of retirement benefits during...
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Five Things to Know About Equitable Distribution
North Carolina requires divorce courts to equally distribute all marital and divisible property. An equitable distribution is not necessarily a 50/50 split but a division the court considers fair to both parties, considering all the circumstances of the case. Here are five things you need to know about equitable distribution in North...
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Does the Separation Agreement Become Part of the Divorce Settlement?
When a marriage comes to an end, both parties must agree on the terms of the divorce, from property distribution and spousal support to child custody and more. Often, particularly when both parties are agreeing to separate “amicably,” a couple may opt to come to this agreement while they are separated, before...
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A Family Lawyer’s Tips for LGBTQ+ Couples Considering Divorce with Kids
Divorce is usually emotionally and financially challenging for any family, but LGBTQ+ couples considering divorce with kids face unique challenges. Same-sex marriage is recognized and protected under federal law and in North Carolina. However, LGBTQ+ couples pursuing divorce may face additional challenges involving parental rights, child support, and spousal support. The...
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Can Social Media Be Used in a Divorce Case?
Facebook, Instagram, TikTok, X (formerly Twitter), and other social media sites are widely used and have become an embedded aspect of modern society. However, it's crucial to remember that social media can also be used in divorce cases. If you’re involved in a divorce or considering getting divorced, it’s important to...
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The Emotional Side of Mediation: Managing Stress and Building Trust During the Process
When people typically think about divorce, the image that comes to mind is animosity and court drama. What many don’t know is that divorce doesn’t have to follow this storyline. In fact, as our experienced North Carolina divorce attorneys can attest, many couples are opting for mediation in an attempt to...
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Co-Parenting Success Strategies
North Carolina child custody laws encourage parents to develop child-centered parenting agreements that promote the child's best interest. With that in mind, the courts often begin a child custody case with a presumption that joint custody is better for the child and the parents. Joint custody allows both parents to...
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How Social Media Can Impact Family Law Cases
Social media is deeply woven into the fabric of our daily experiences. However, it's best to remain low-key online when it comes to family law matters. This article explores how social media usage can shape the trajectory of family law cases in North Carolina. From the photos we share to the comments...
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