North Carolina Family LawCabarrus, Mecklenburg, Union, Rowan, Iredell, Catawba, Lincoln, and Gaston.
The Angel Law Firm practices Family Law in the following North Carolina counties: Cabarrus, Mecklenburg, Union, Rowan, Iredell, Catawba, Lincoln, and Gaston.
Separation & Divorce
No one enters a marriage contemplating divorce. Unfortunately, sometimes life’s circumstances leave no other choice. This can be an emotionally challenging time, particularly if you do not know how to proceed. North Carolina requires that a husband and wife be separated for one year before filing for divorce. To be considered separated, the spouses must live separate and apart with no intention of returning to the marriage. That year can be a trying time in figuring how to navigate your “new normal.” Although not required by law, it is advised that the husband and wife enter into a Separation Agreement to provide for post-separation support, alimony, and child custody and support, among other things. Once the spouses have been separated for one full year, either party may file to obtain a divorce.
Custody & Support
The “best interest of the child” is the prevailing legal standard in North Carolina. The Court prefers that the mother and father work together to reach an agreement. Accordingly, the parties are given an opportunity to do so through mediation. Oftentimes, the mother and father may voluntarily enter into a Temporary Custody Agreement in the interim. If the mother and father are unable to reach an agreement through mediation, the Court will step in and determine an arrangement based upon the best interest of the child. There is no preference for the mother or father in North Carolina; and the Court will consider any number of factors in making its decision.
The Custody Order will provide for legal custody; physical custody; and generally, visitation. Whoever is granted physical custody will guide child support obligations.
No Custody Order is permanent. The Court understands that circumstances may change over time. With that said, either party may file a Motion to Modify an existing Custody Order at any time. The Court will determine whether a modification is warranted based upon whether there has been a “substantial change of circumstances.”
For additional information, please contact our office to schedule a 30-minute initial consultation free of charge. We will discuss the facts of your matter and determine the best course of action.