Divorce, as distinguished from child custody, child support, alimony, and property distribution, is not a complex process in North Carolina. It is merely the judicial proclamation that ends your marriage.
Of the many issues in domestic law, child custody is perhaps the most emotionally charged. For this reason, it can also become the most expensive sort of litigation that might result from your separation. In North Carolina you and your spouse may settle issues of custody and visitation by private agreement; custody does not have to be submitted to a judge.
An action for child support (either an initial declaration or modification) must be brought in either the county where the parent or the child resides or in the county where the child is physically present. The most common method of child support payment is cash payment in monthly, bimonthly, or weekly installments, which will depend on when the person gets paid.
To begin the court process in a separation or divorce proceeding, then you must first file a civil lawsuit, which is started when someone or some agency files a complaint. The complaint makes certain factual assertions to establish the complainant’s reasons for believing he or she is entitled to the relief being sought in the complaint.
Separation in North Carolina occurs on the date that a husband and wife move into separate residences with at least one of them having the intent to continue living separate and apart. Often, just prior to or during separation, people consult with attorneys about the separation process and they frequently hire attorneys to draft their Separation Agreement and Property Settlement papers.
Collaborative Divorce is not a dispute resolution option in the same sense as mediation or arbitration. Rather, collaborative divorce is a set of voluntary ground rules entered into by the attorneys hired by you and your spouse. While the details vary from collaborative lawyer to lawyer, the central idea is that the parties hire lawyers who agree in advance not to take the case to trial.
Major life transitions are never easy. Whether it’s ending a marriage or partnership, or deciding that the current custodial arrangement is not in the best interest of your child, change often gives rise to anxiety, fear, anger, grief, or confusion.