North Carolina family law is complex, and there are a lot of issues that can come up during a divorce that might be unfamiliar to you. If you and your spouse have children together, there are several common issues that may come up during your case. For example, if you’re getting divorced, you might have to agree on a parenting plan. These plans can address issues like where your children will live and what time share arrangement you’ll have. You might also have to work out child support and custody and visitation issues. You should consult with a North Carolina family law attorney near you to see how these issues apply to your case. Most family lawyers combine trial skills with a knowledge of the state law — and sometimes appellate law — that applies to their clients’ cases. Most family law cases filed are decided in state district court, but many times an actual lawsuit can be headed off by the use of careful and reasonable separation planning using a separation agreement. In the event that your life has been flipped around by a partition, divorce or child custody debate, you are at the correct spot for assistance. Culbertson & and Associates focuses on all parts of family law. We know how troublesome the finish of a marriage can be for you and your family, and we can deal with the majority of your legal needs in these genuinely testing minutes.
Looking for Experienced Family Lawyers in North Carolina
Culbertson and Associates is a trusted family law firm located in Greensboro NC and will help you handle the legal battle and clarify your doubts regarding the legal issues. We also handle child support, child custody, international custody & child support matters. This includes all parts of civil law that involve the rights of family members in relation to each other. Family law deals with:
Child Custody, involves its own separate hearing and evidence, as does child support. In custody cases, the court will retain the right to review an award of custody if there is a substantial “change of circumstances” involving the children. Courts often have the ability to review any type of case where the rights of a child are involved. Divorce is a little different. Most divorce proceedings are short and less expensive because parties now have the right to “uncontested divorce” provided they fulfill certain requirements (one-year separation being the most important in North Carolina).
What about child custody in same-gender couples?
In recent years, same-gender marriage and parenting has become much more accepted. However, there are still some legal issues that might come up during your case. For example, if you are the birth parent of a child and you are not married to your same-gender partner and you pass away, your child might not be able to inherit anything under North Carolina law because you’re not married. And if something were to happen to you and your partner, your child might not have legal guardianship of both of you without going through a costly and time-consuming court process.
What if I don’t agree with the other parent about our child’s upbringing?
If you feel that the other parent is not making appropriate decisions about your child, then you may want to try to convince them that they are making a mistake and hope that they change their mind. If that doesn’t work, you can try speaking with them and, if necessary, go to family court to resolve the disagreement. Another option might be mediation, which is an informal way of resolving disputes without going to court.
What if I am not a resident of North Carolina?
Child custody laws are decided at the state level, so a North Carolina child custody lawyer can only address the laws in this state. If you or the other parent lives in another state, then you’ll need to research the child custody laws for that state. The child custody lawyer for the other parent may also be able to provide guidance on this issue. Additionally, the U.S. Department of State provides information on how international child custody disputes are handled in our country.
As a conventional law firm, Culbertson and Associates invest heavily in being admirably regarded by North Carolina lawyers and judges. We’ve additionally earned the trust of our numerous appreciative family law customers. It implies you can rely on me and the other family lawyers in my firm to help you through your one of a divorce legal issues. Regardless of whether your case includes partition, divorce, child custody, child backing, provision or property circulation, you can rest guaranteed that we have the skill to deal with your cases, just as a humane staff to help you during these mind-boggling times.
What does the term “absolute divorce” mean?
The term is used to denote that a divorce dissolves a marriage completely, so that the parties are living as if they were single persons. There is no such thing as “legal separation” in North Carolina.
Does the spouse have to agree to Divorce?
No. A divorce can be granted without the consent of your spouse. It is just much easier if you can reach an agreement since you may save yourselves a lot of money in legal fees.
How long does a marriage have to be before parties can get a divorce?
If you and your spouse have been separated for a year and one of the parties has been a resident of North Carolina for six months prior to the filing divorce, then you are eligible to obtain a divorce.
What if I don’t want to go through the courts for divorce?
There are “mediators” who are trained to help divorcing couples figure out the issues that the law requires (like child support, custody, and alimony) in a less expensive, and less stressful way.
Once the parents complete the Acknowledgement of Paternity form at the hospital or other location, they have signed a legal document establishing paternity. No further action is required. If the parents were not married and did not sign an Acknowledgement of Paternity form when the child was born, they can still establish paternity. The parents can go to their local social services department and request that paternity is established. Another way to establish paternity is with a DNA test. If the parents complete an Acknowledgement of Paternity form at the hospital and no DNA test was performed, they can request a paternity test using this form from the hospital or other location where the test was completed. The hospital or other location where the test was completed will provide the parents with a sealed envelope for the DNA sample. They must then send it to the North Carolina Newborn Screening Lab. The lab will perform the DNA test and send the results to the parents and the child support office. If the parents completed an Acknowledgement of Paternity form at the hospital and a DNA test was performed, the parents can contact the local Child Support enforcement office to request that paternity is established. The parents will be given a copy of the completed DNA test. The cheapest and simplest way to establish paternity is by consent. The mother, father and child must all consent in writing to the court that the man acknowledged himself to be the father of the child. If all three parties sign a form, then the court will establish paternity.
4. Child Support
Our North Carolina child support law firm is committed to helping guardians endure these extreme occasions. Furthermore, the profundity of our promise to family law has been perceived with affirmation from the North Carolina State Bar’s Board of Legal Specialization.
What are possible child support scenarios?
If you and the other parent both earn enough income to cover your children’s expenses, and one of you has primary custody, the other parent might pay child support to that person. If both parents earn enough to cover the costs of raising the children, you might work out an agreement where you each pay child support to the other. You should consult with a North Carolina family law attorney near you to see how these issues apply to your case.
What if I’m not married, but I have children?
In North Carolina, you are still legally obligated to help support your child. You may have the option to obtain visitation or even joint custody if you can prove to the court that doing so is in your child’s best interests. In some cases, the court may order child support payments from a parent who doesn’t have primary custody. You should consult with a North Carolina family law attorney near you to see how these issues apply to your case.
How is child support determined in North Carolina?
Child support is also determined by state law and is based on the parents’ income and other factors. The parent seeking support will file a complaint with the family court and the clerk will assign an attorney to assist in child support issues (called a Child Support Guidelines Attorney). You or the other parent can also hire your own attorney if you wish. The North Carolina Child Support Guidelines specify how much child support should be paid based on the parents’ income and other factors. The parent requesting support will file a complaint or claim with the clerk of court.
What if my ex has no money or a job?
Low income or unemployed obligors are still expected to make some contribution toward the financial support of their children. Judges have the ability to order many types of income sources such as benefits from welfare or unemployment, workers compensation, social security, disability, veterans, pensions and other sources. If a person is unemployed or does not have any of the above types of income sources they can still be ordered to look for work. In addition, many obligors have parents or other adults who live with them and may be able to help with some of the support. The guidelines allow the court to include these people in the child support order if it is determined that they are able to assist in the support and they are living in a household where there is income available to pay support.
How are daycare and health insurance figured into child support?
The daycare amount is based on the average cost of daycare in your county. You may add half of this amount to the basic support payment if you are the parent using the daycare.
How does a parent’s imprisonment affect child support?
If a parent is imprisoned on a permanent basis, the child support order will be terminated. However, upon release from prison, a new child support order can be entered without having to go back to court. If the parent is imprisoned on a temporary basis, s/he may request that the support be adjusted upon release. In this situation, either parent can request a review by filing a petition in the Court. If a parent fails to make court-ordered child support payments, the paying parent or the person receiving support may file a Motion to Enforce Child Support. This Motion must ask the judge to do exactly what? Why? If a parent fails to make court-ordered child support payments, the paying parent or the person receiving support may file a Motion to Enforce Child Support. This Motion must ask the judge to do exactly what? Why?
If a parent fails to make court-ordered child support payments, the paying parent or the person receiving support may file a Motion to Enforce Child Support. This motion asks the judge to make the other parent pay what? Why would this motion be necessary?
The Court may refer your case to a private enforcement agency. After your case is referred, you will receive a letter from the agency saying that it has started enforcement proceedings.
When does child support end in North Carolina?
In North Carolina, child support is due until the child turns 18. If the child is still in high school before their 18th birthday, then child support continues until the end of that school year.
5. Legal Separation
The separation agreement is a powerful, money-saving tool that helps parties avoid trial and court on potentially all issues — and the considerable legal expense that goes with it. Most good separation agreements can be drafted and finalized for one-sixth the cost of going to trial by judge in order to determine custody, equitable distribution, property, child support and separation rights between the parties.
6. Property Division
Property division is called equitable distribution and is usually determined by a judge (if the parties can’t agree in advance between themselves) at a full hearing, which involves a presentation of detailed evidence of who acquired what and when during or before marriage. The judge then decides who should receive what in light of these considerations, and of course the lawyers play an important role in how this is decided.
How Can North Carolina Family Lawyers Help
Regardless of whether you have custody of your child or not, you have to make plans for child support and stay educated about the conditions that may influence your course of action. Our committed Raleigh child support attorneys much of the time help customers over the span of their courses of action to guarantee their rights are secured. Call Krispen and the team at Culbertson & Associates at 336-272-4299 today. If you’re facing the stress and uncertainty of a serious family law matter, you need an experienced legal team to guide you through the potential problems you can face alone. Our Attorneys have over 60 years of combined legal experience; with a unique perspective of trial skills in contentious litigation.