Family law
Separation, custody and property division — including the harder version, where a closely held business sits inside the marital estate and has to be valued before it can be divided.
Family matters involving a business are where this firm is genuinely differentiated. Most family lawyers do not value companies, and most business lawyers do not litigate custody. When a marital estate contains an operating business, the valuation, the distribution and the ongoing governance of that company are the same problem.
North Carolina does not require you to file for separation. The court uses the date you were physically separated, and that date starts the clock on a great deal else.
Answers to the questions people actually ask.
Plain answers on North Carolina law, written by the firm. Start where your question sits.
- Alimony and support7 common questions answered
- Child supportWithin North Carolina, Child Support may be filed on behalf of a minor child by any…
- Custody and visitation5 common questions answered
- Divorce7 common questions answered
- Domestic violenceDomestic Violence is an extremely sensitive topic, which carries strong stigmatic…
- Equitable distribution8 common questions answered
- Separation agreements4 common questions answered
What the engagement covers
Divorce
Absolute divorce under G.S. 50-6 requires a year living separate and apart, at least one spouse intending the separation to be permanent, and six months' North Carolina residency by either spouse. Alimony and equitable distribution claims are destroyed unless pending when the judgment is entered; G.S. 50-11(e) and (f) allow six months for distribution alone, where the spouse was served by publication and never appeared or the court lacked jurisdiction.
Child custody and visitation
Custody goes to whoever will best promote the child's interest and welfare, and the order divides into decision-making authority and the residential schedule. Contested Mecklenburg County claims are set for the court's mediation program, though a judge may waive it for good cause under G.S. 50-13.1(c) — allegations of abuse, domestic violence or substance abuse among them. Bring your school calendar, travel plans and exchange points to a first meeting.
Emergency and temporary custody
An ex parte order changing where a child lives is available under G.S. 50-13.5(d)(3) only where the court finds the child exposed to a substantial risk of bodily injury or sexual abuse, or a substantial risk of abduction or removal from North Carolina to evade its courts. The order is short-lived: a hearing on notice follows, and the party who obtained it must then prove the facts alleged.
Grandparent and third-party custody
Standing is the first obstacle for a non-parent. Parents hold a constitutionally protected interest, and a third party seeking custody must first show, by clear and convincing evidence, unfitness or conduct inconsistent with that protected status; only then does the best-interest test apply. Grandparent visitation is narrower still, and generally operates inside a custody case already before the court rather than as a free-standing claim.
Annulment
Annulment declares that no valid marriage ever existed, which is not the same as ending one. North Carolina treats a bigamous marriage, or one between people nearer of kin than first cousins, as void outright; other defects make a marriage merely voidable, so it stands until a court sets it aside. A short marriage is not itself a ground; that is a divorce.
Child support
The North Carolina guidelines are presumptive: gross incomes, the overnight count, health insurance premiums, work-related child care and other children supported go into a worksheet and a figure comes out. The arguments are about inputs — imputed income where a parent is voluntarily underemployed, self-employment income, and the overnight threshold that switches the worksheet. A court may deviate only on findings that the guideline figure would be unjust or inappropriate.
Alimony and post-separation support
Post-separation support is interim, turning on whether the dependent spouse's resources meet reasonable needs and the supporting spouse can pay. Alimony follows, weighing a statutory list of factors. Illicit sexual behavior during the marriage before separation is decisive: under G.S. 50-16.3A(a) the court shall not award alimony to a dependent spouse who committed it, and shall award it where the supporting spouse did. Discretion returns only where both did.
Equitable distribution
G.S. 50-20 sorts everything into marital, separate and divisible property and starts from a presumption that an equal division is equitable. Under G.S. 50-21(b) marital property is valued as of the date of separation and divisible property as of the date of distribution, which is why post-separation appreciation, later-paid bonuses and debt movement are fought over. Most of these cases turn on classification rather than arithmetic.
Separation agreements
A separation agreement is binding when it is in writing and acknowledged by both spouses before a certifying officer who is not a party to it. Beyond form, the choice that matters is whether the agreement stays a contract or is incorporated into a court order, because that decides whether a breach is answered with a contempt motion or a lawsuit for damages.
Business valuation in a marital estate
A closely held company must be given a value as of the date of separation. Goodwill then has to be divided between what belongs to the enterprise and what belongs to the owner personally. Growth after separation may be divisible or separate depending on whose effort produced it. Where the business is to stay whole in one spouse's hands, the court can order a distributive award to balance the division.
Common questions
Do I have to file for separation in North Carolina?
No. Filing for separation is not required. The court uses the date you were physically separated from your spouse, and that date is what most other deadlines run from.
What counts as marital property?
Broadly, real and personal property acquired by either spouse during the marriage and before separation, other than property determined to be separate. For business owners this is where a company gets pulled into the estate, which is the part most worth getting advice on early.
What is the difference between custody and visitation?
People usually mean the difference between legal custody (decision-making) and physical custody (where the child lives). They are separate determinations, and conflating them is how parents agree to something other than what they thought.
How is alimony decided?
Post-separation support and alimony are awarded after a hearing in district court. The party seeking support has to establish that they are a dependent spouse and the other a supporting spouse, before the court reaches amount or duration.
Anyone separating or divorcing in Mecklenburg County and the surrounding counties, particularly where a business, professional practice or complex assets are involved.
Retainer, with the scope and rate set out in writing before the engagement begins.
A scoped call on what this actually needs, before anything is drafted.
Book a consultation or call (704) 222-4752