Child Custody
In North Carolina, there are two types of custody: legal and physical. Legal custody is the right of the parent or parents granted legal custody to have a say in how their child is raised with respect to medical intervention, education, and religious beliefs. When the parties have joint legal custody, they consult together to agree to issues concerning the general health, welfare, education, and development of the minor child to the end that they adopt a harmonious policy in regard to that child's upbringing insofar as possible. Each parent shall be entitled to immediate access from the other, or from a third party, to records and information pertaining to the minor child including, but not limited to, medical, dental, health, school or educational records. The Courts generally grant both parents joint legal custody unless one side can bring forth compelling evidence, which would show the Court that that parent is not a fit and proper person to have joint legal custody of the child.
Mediation
Mediation is a conflict resolution process by which parties, who have decided to separate and/or divorce, meet to resolve the controversies arising out of their separation and/or divorce with the aid of a neutral and impartial third party, called the mediator. This is an effective way for both parties to avoid the bitterness and frustration, which can result from prolonged disputes over marital issues. They intend to negotiate through mediation an agreement, which resolves the issues pending in their court action.
Absolute Divorce
When two people are joined in marriage, the laws of the State must be satisfied to validate that marriage. Similarly, for a married couple to legally dissolve their marriage, again, they must abide by the laws of the State.
AgreementsGenerally, there are four different types of Agreements in family law: Prenuptial agreements; Separation Agreement and Property Settlement; Limited Separation Agreement; and Memorandum of Separation Agreement.
Alimony and Post-Separation SupportA party may seek post-separation support (PSS) or alimony through the Court. A Court hearing may be necessary to obtain PSS and is necessary to obtain permanent alimony. Alimony can be awarded prior to or after the distribution of property. Parties may also enter into a binding legal contract, which also requires one party to pay PSS or alimony to the other.
Property DistributionWith three exceptions, all assets acquired during the marriage are considered MARITAL PROPERTY, regardless of how acquired or by whom acquired. The three exceptions are: (1) Property acquired by either party before the marriage; (2) Property acquired by either party by inheritance; and (3) Property acquired by gifts specifically to one party. These assets are called SEPARATE PROPERTY and are generally not subject to equitable distribution and remain the property of the person owning or receiving them.
SeparationDivorce. The very word can intimidating, but the process does not have to be. It is an ending and a beginning, which does not have to negatively impact your life, the life of your spouse, or the lives of your children.