Frequently Asked Questions
Agreements |
Child Custody |
Child Support |
Collaborative Law |
Domestic Violence |
Mediation & Arbitration |
Post-Separation Support & Alimony |
Property Distribution |
Separation, Divorce & Annulment
Agreements
- Can Alimony be eliminated in a Premarital Agreement?
- Can you resolve issues regarding children in a Premarital Agreement?
- Can you set forth how property acquired in the future will be in a Premarital Agreement?
- Do you file for Separation?
- What if my future spouse wants a Premarital Agreement and I do not wish to sign a Premarital Agreement?
- What is a Separation Agreement?
- When can you sign a Separation Agreement?
Child Custody
- Can a judge order no visitation or supervised visitation?
- Can a parent refuse to allow visitation if child support is not paid?
- Can a parent's rights to custody be given to other relatives or other people?
- Can I change my minor child's last name without permission from the other parent?
- Can I get a temporary custody order? What is an ex parte order?
- Do children get to decide who they will live with?
- Do the North Carolina Courts favor one parent over the other?
- How do I know who will get custody of our children?
- How is child support determined?
- How is it determined which state has jurisdiction over custody matters?
- How will I present evidence if custody must be litigated in court?
- If both parents share custody does anyone pay child support?
- If custody has to be enforced by civil contempt proceedings, can I receive attorney's fees?
- If I have custody will I receive child support payments?
- If I have to go to court for a determination of custody, what should I expect from the proceedings?
- If my case goes to trial, who should my witnesses be?
- In a child custody case, what is the standard that guides the judge's decision?
- What can I do to improve my chances of gaining custody if I have not been a terrific parent in the past?
- What factors does a judge consider if we cannot agree on a custody arrangement and we have to go to court?
- What impact could my dating have on child custody?
- What is a custody evaluation and when should one be conducted?
- What is joint custody? What is sole custody?
- What is the definition of visitation in North Carolina?
- What is the Parental Kidnapping Prevention Act?
- What is the role of a custody evaluator?
- What is the Uniform Child Custody Jurisdiction and Enforcement Act?
- What rights do grandparents have to custody and visitation in North Carolina?
- When can child custody be filed for or decided? Once child custody is agreed upon or ordered can it be modified?
- Who decides if a child custody case goes to trial?
- Will my child have to testify in court?
Child Support
- Can child support be resolved without going to court?
- Can I ever have the child support amount changed?
- Can I have my attorney's fees reimbursed by the opposing party in my child support case?
- How can I make sure that my child support is paid to me in full and on time?
- How does a court determine the incomes of the parties and the needs of the children when calculation child support?
- How is my responsibility for children from another relationship taken into consideration in calculating child support?
- In calculating child support, what impacts the amount I receive?
- Is someone other than a biological parent responsible for paying child support?
- What are my options once I have already entered into an out of court agreement setting the child support amount?
- What are the child support worksheets?
- What does a deviation from the guidelines mean?
- What does it mean when someone says her child support calculation is off the guidelines?
- What effect does bankruptcy have on a party's child support obligation?
- What if I go to court and I am unsatisfied with the ruling on child support?
Collaborative Law
- Can one spouse quit during the collaborative law process?
- How does one begin the collaborative process?
- How is collaborative law different from negotiation?
- What is an attorney's role in collaborative law?
- Why must an attorney withdraw from representing the client if the dispute is not settled in the collaborative process?
Domestic Violence
- Are there criminal charges my abuser can be charged with?
- Can I get custody of my children if my spouse is abusive?
- Can the court system help me if I'm in an abusive relationship?
- Do I need an attorney to obtain a 50B Order?
- How do I know if I am eligible for a 50B Protective Order?
- How do I start my domestic violence case?
- How do the courts define domestic violence?
- Is my 50B Order valid in other states?
- What can support groups offer me?
- What if my abuser violates the 50B Order?
- What is a "10-day" Hearing?
- What is an Emergency Ex Parte Order?
- What is the effect of a 50B Order?
- What is the maximum amount of time my 50B Order can last?
- What should I do if I'm in a violent relationship?
- What type of evidence will I need to present in court?
- What type of protection can a 50B Protective Order give me?
- Who can I turn to for help if I am being abused?
Mediation & Arbitration
- Do I have to go to Mediation?
- How are the costs of mediation divided?
- How can I find an experienced mediator?
- How do I find an experienced arbitrator?
- How is arbitration initiated?
- How is mediation initiated?
- Is the arbitrated decision binding?
- Should I meet with an experienced divorce law attorney before deciding on mediation and/or arbitration?
- What happens during Mediation?
- What if my case isn't resolved through mediation?
- What is an attorney's role in arbitration?
- What is the attorney's role in mediation?
- What is the benefit of Mediation?
- What is the goal of collaborative law?
Post-Separation Support & Alimony
- Can alimony be modified or vacated?
- Can an alimony decree be enforced?
- Can an alimony order be terminated?
- Can I recover attorneys fees regarding my claims for post-separation support and alimony?
- Can post-separation support, alimony, and attorney's fees be waived? What role do separation agreements and premarital agreements play in this process?
- Can spouses testify against each other in an alimony action? What can be barred as evidence?
- Does a divorce have to be pending to bring an action for postseparation support and alimony?
- If the dependent spouse engages in illicit sexual behavior, does he or she receive alimony?
- Is alimony taxed?
- What are indignities?
- What are possible defenses against actions of marital fault? What is condonation?
- What factors does the court consider in determining alimony?
- What impact could my dating have on post-separation support and alimony?
- What is abandonment?
- What is alimony? When and how is it paid?
- What is illicit sexual behavior?
- What is malicious turning out of doors?
- What is marital fault and how does it apply to an alimony claim?
- What is post-separation support and how do I get it?
- What is reckless spending?
- What is the alimony recapture rule?
- Who decides Alimony, a judge or jury?
- Who has a claim to receive post-separation support and alimony? Who is the dependent spouse?
Property Distribution
- Can alimony and child support affect the distribution of property?
- Can I receive a temporary order to protect my property? What is injunctive relief?
- Can I recover attorneys fees with Equitable Distribution?
- Can qualified plans, such as pension plans, profit-sharing plans, and 401k plans? What is a QDRO?
- Does absolute divorce bar an equitable distribution claim?
- How do I ensure my right to equitable distribution of marital assets?
- How does death affect an unresolved equitable distribution claim?
- How is marital property defined?
- How is separate property defined?
- If my spouse and I have divided our property, can I file an equitable distribution claim?
- Is fault used in dividing marital property?
- Is the division of property always fifty-fifty? What factors are considered in an unequal distribution of property?
- What are the defenses against equitable distribution?
- What are the steps that the courts take in dividing property?
- What does the term property include?
- What effect does reconciliation have on equitable distribution?
- What factors are considered by a judge in making a distribution of property?
- What is Equitable Distribution?
- What is the classification of property in the equitable distribution process?
- What is the dual classification of property as partly marital and partly separate?
- What is the Equitable Distribution process in North Carolina?
- What is the identification of property in the equitable distribution process?
- What is the valuation of property?
- What property is neither marital nor separate?
- What role does acquisition of property play in the classification of property?
- When can I file for Equitable Distribution (ED) and when is ED determined?
- Who will divide our property?
Separation, Divorce & Annulment
- Can I include our terms for custody and visitation into our separation agreement and then incorporate the agreement into our divorce decree?
- Can I still be covered under my spouse's health insurance after we separate? What about after the divorce judgment is entered?
- Can I use my maiden name after I divorce?
- Do I have to file my separation agreement with the courts?
- Do I have to live in North Carolina after my divorce complaint is filed? When can I relocate?
- Do we have to have a reason to get divorced?
- How can I get my marriage annulled?
- How long does the divorce process take once the complaint is filed?
- I just moved here three months ago and want to get a divorce. Can I?
- If my husband and I lived in separate bedrooms for one year prior to making a claim for a divorce, would we qualify for the one year separation?
- Is there common law marriage in North Carolina?
- My husband and I tried to get back together for awhile. Does that make the one year separation period start over for the purposes of getting a divorce?
- My wife and I no longer live in the same residence. Are we legally separated?
- What are the legal consequences of a divorce judgment?
- What documents do I need to file a divorce?
- What does being a resident in North Carolina mean for purposes of getting divorced?
- What if I do not want to get divorced and my wife does?
- What is an absolute divorce?
- What is Divorce from Bed and Board?
- What is marital fault and does it play a role in divorces in North Carolina?
- When can I get an absolute divorce?
- When can I get married again?
- When does fault matter in divorce?
- Where do I file the documents for the divorce?
