Frequently Asked Questions

For an absolute divorce, spouses must live separately and apart for a full year, meaning they cannot share the same residence. For a divorce from bed and board, living apart is not required.

No. A separation agreement must be signed by both spouses, freely and voluntarily, without undue influence or duress.

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Yes, you can modify a child custody order after the holidays in Mecklenburg County, NC, if certain conditions are met. Here’s an overview of the process:

1. Grounds for Modification

• To modify a custody order, you must prove a substantial change in circumstances that affects the child’s welfare. Common reasons include:
  • A parent relocating.
  • A change in the child’s needs or preferences.
  • Evidence of abuse, neglect, or unsafe living conditions.
  • A parent’s inability to comply with the current order.

2. Filing a Motion to Modify Custody

• File a Motion to Modify Custody with the Mecklenburg County Clerk of Court.
• Include details about the substantial change in circumstances and why a modification is in the child’s best interest.

3. Serve the Other Parent

• Provide the other parent with a copy of the motion. This can be done through:
  • Certified Mail with a return receipt.
  • Sheriff’s Office for personal delivery.

4. Attend Mediation

• In North Carolina, parents are often required to attend court-ordered custody mediation before proceeding to a hearing.
• Mediation allows both parties to negotiate changes to the custody agreement without going to court.

5. Court Hearing

• If mediation fails or is waived, the case will proceed to a court hearing.
• During the hearing, both parties can present evidence and arguments supporting their claims.

6. Judge’s Decision

• The judge will determine whether the requested modification serves the child’s best interests.
• If approved, a new custody order will be issued.

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Modifying spousal support before the New Year in Mecklenburg County depends on your specific circumstances:

1. Grounds for Modification:
   North Carolina law allows spousal support modifications if there is a substantial change in circumstances, such as:some text
   • A significant increase or decrease in income for either party.
   • Loss of employment.
   • New financial obligations.
2. File a Motion:
   Submit a motion to modify spousal support to the Mecklenburg County Family Court. Be prepared to present evidence supporting the change.
3. Mediation:
   If both parties agree to the modification, mediation can be a quicker and less adversarial way to reach an agreement.
4. Deadlines:
   While modifications can be requested at any time, filing before the New Year may have tax implications, particularly if spousal support payments are tax-deductible or taxable under older agreements. Consult a financial advisor or attorney.

Yes, once your absolute divorce is finalized by the court, you are legally free to remarry.

Relocation can significantly impact custody arrangements. A parent seeking to move with the child must obtain court approval if the move affects the current custody or visitation schedule. The court will consider factors such as the reason for the move, its impact on the child's relationship with the other parent, and whether the move serves the child's best interests.​

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Yes, custody arrangements can be modified if there is a significant change in circumstances affecting the child's welfare. Either parent can file a motion to modify the custody order, and the court will assess whether the proposed change serves the best interests of the child. ​North Carolina Courts

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Yes, hidden assets can be uncovered during a divorce in Matthews, NC:

1. Discovery Process:
   During the legal discovery phase, both parties must disclose their financial information. This includes bank statements, tax returns, and business records.
2. Forensic Accountants:
   A forensic accountant can investigate discrepancies, uncover hidden accounts, or trace unreported income.
3. Subpoenas:
   Courts can issue subpoenas to financial institutions to gather information about undisclosed assets.
4. Penalties for Concealment:
   Attempting to hide assets can result in penalties, including loss of those assets or sanctions. Transparency is crucial in equitable distribution cases.

No. Spouses who are in the process of separation or divorce have competing interests. Attorneys are prohibited by the North Carolina State Bar from representing both of you, even in the negotiation or preparation of a separation agreement. If you are presented with, or contemplating, a separation agreement or any type of legal document, you should have your own attorney review it to ensure that you fully understand the legal ramifications. You and your spouse can choose an attorney to serve as mediator in your case but you cannot share an advocate.

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With the exception of obtaining the actual divorce, issues arising from your separation can be resolved outside of court. A lawsuit must be filed to obtain the actual divorce, known as an “absolute divorce”. Additionally, it may be necessary to file a legal action to give a court jurisdiction to enter a court order that is required to divide retirement assets.

No. Under North Carolina Law, parties are considered "legally separated" when they begin to live separate and apart from each other (residing in separate residences) with the intention on the part of at least one of them to remain living apart permanently. That being said, it is best to consult with an experienced family law attorney prior to physically separating from your spouse.

It ordinarily is a good idea to consult with an experienced family law attorney regarding your rights and options before making significant decisions that effect you and your family. An experienced family law attorney can help you protect your rights, as well as the rights of your children.  Family law attorneys are familiar with the current laws concerning marriage, divorce, property distribution, child custody, and financial support. Attempting to navigate, negotiate or litigate your family law matter without legal representation may be detrimental to your case, even more so when the other party has legal counsel guiding them.  My advice is to speak with an experienced family law attorney before deciding whether to go it alone.

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No, North Carolina offers a no-fault divorce option called absolute divorce. Fault is only relevant if you're seeking a divorce from bed and board or need to address issues like alimony or custody.

Yes, North Carolina courts consider holiday plans as part of custody arrangements:

• Best Interests of the Child:
  Holiday schedules are often included in custody orders to ensure children maintain traditions and relationships with both parents.
• Fair Division:
  Courts aim for equitable time-sharing, such as alternating holidays or splitting time.
• Custom Agreements:
  Parents can propose detailed holiday plans during mediation or court proceedings for approval.

Creating a holiday custody schedule in Matthews, NC, requires clear communication, prioritizing the child’s well-being, and considering North Carolina custody laws:

1. Review Existing Agreements:
   Start by checking your current custody agreement or court order. Many already outline holiday arrangements, specifying which parent gets custody during specific holidays.
2. Negotiate with Your Co-Parent:
   If the agreement is flexible, discuss holiday plans early. Focus on fair division, such as alternating holidays annually or splitting them (e.g., one parent has Christmas Eve and the other has Christmas Day).
3. Consider the Child’s Needs:
   Take into account the child’s age, traditions, and preferences. Stability and predictability are especially important during the holidays.
4. Document the Schedule:
   Clearly outline dates, times, pick-up/drop-off locations, and any special arrangements in writing. This reduces misunderstandings and ensures enforceability.
5. Mediation:
   If you and your co-parent cannot agree, mediation can provide a neutral setting to develop a mutually acceptable plan.
6. Court Involvement:
   If negotiations fail, you may need to seek a modification through the Mecklenburg County Family Court to ensure the schedule aligns with the child’s best interests.

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If a parent falls behind on child support payments, you do have options for enforcing it, but they must be carried out through the court. The court can use various methods to collect child support payments that are owed. These methods can include income withholding, wage garnishment, interception of tax refunds, liens or attachments to property.

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The importance of a competent, experienced divorce lawyer cannot be overstated. Not only can your attorney guide you through all the necessary steps involved in the divorce process, but he or she can also provide insight that is crucial in such an emotionally-charged situation. Having the right counsel by your side throughout your family law matter can make all the difference in reaching a favorable resolution.

A divorce attorney ensures that your rights are protected, handles complex legal filings, negotiates fair settlements, and advocates for you in court if needed. Having experienced legal guidance can alleviate stress and improve outcomes.

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A prenuptial agreement (or “prenup”) is a legal contract created before marriage that outlines how assets, debts, and other financial matters will be handled during the marriage or in the event of divorce, separation, or death. In North Carolina, prenuptial agreements are governed by the North Carolina Uniform Premarital Agreement Act and can provide significant protection for assets in the following ways:

1. Protecting Pre-Marital Assets

• A prenup can ensure that property or assets owned by one spouse before the marriage remain their separate property and are not subject to division during a divorce.
• For example, real estate, businesses, or investments acquired before the marriage can be explicitly protected.

2. Defining Marital and Separate Property

• The agreement can clearly define what will be considered marital property (subject to division) and separate property (not subject to division) during the marriage.

3. Shielding Business Interests

• If one spouse owns a business, a prenup can prevent the business from being divided or subjected to the other spouse’s claim in a divorce.
• It can also address future growth or earnings from the business.

4. Protecting Inheritances and Family Assets

• Prenups can specify that inheritances, gifts, or family heirlooms remain with the original owner or their intended heirs.

5. Managing Debt Liability

• The agreement can allocate responsibility for pre-existing debts, ensuring one spouse is not held accountable for the other’s debts incurred before the marriage.

6. Setting Terms for Spousal Support (Alimony)

• A prenup can establish or waive future alimony obligations, within the limits of North Carolina law, as long as the terms are fair and not unconscionable.

7. Avoiding Lengthy Disputes in Divorce

• By pre-determining how assets will be divided in case of divorce, a prenup can reduce legal conflicts, saving time and money.

Requirements for a Valid Prenuptial Agreement in North Carolina:

1. Written and Signed: The agreement must be in writing and signed by both parties.
2. Voluntary: Both parties must enter into the agreement voluntarily, without coercion or undue pressure.
3. Full Disclosure: Each party must provide full and fair disclosure of their financial situation (assets, liabilities, income) before signing.
4. Fair and Reasonable: While the agreement does not have to be equal, it should not be grossly unfair or unconscionable at the time of enforcement.
5. Executed Before Marriage: The agreement must be signed before the marriage takes place.

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To enforce child support payments in Mecklenburg County:

1. Contact Child Support Services:
   Mecklenburg County Child Support Enforcement can assist in collecting overdue payments.
2. File a Motion for Contempt:
   If the other parent is noncompliant, you can file a motion with the court to enforce the order. Consequences may include wage garnishment, property liens, or even jail time.
3. Interstate Enforcement:
   If the paying parent has moved, North Carolina participates in the Uniform Interstate Family Support Act, which ensures enforcement across state lines.

If the parents cannot agree on custody of their children, the courts decide custody based on "the best interests of the child". Determining the children’s best interests involves consideration of many factors such as the parenting roles and and whether either parent has traditionally been the primary caregiver.

Courts in North Carolina determine child custody based on the "best interests of the child" standard. Factors considered include the child's safety, the child's relationship with each parent, each parent's ability to care for the child, and any history of domestic violence or substance abuse.

A judge must find that one spouse is a “dependent spouse,” and the other spouse is a “supporting spouse” who has the ability to pay alimony. The judge will then consider the statutory factors and other relevant circumstances to determine whether an award of alimony is equitable.

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A dependent spouse is defined as one who is actually and substantially dependent upon the other spouse for his/her maintenance and support or who is actually substantially in need of support from the other spouse. In determining a spouse’s need for maintenance and support from the other spouse, a determination must be made as to whether or not the spouse seeking support has sufficient resources to meet his or her own reasonable needs and expenses in accordance with the standard of living established during the parties’ marriage.

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In North Carolina, equitable distribution involves dividing marital property fairly but not necessarily equally:

1. Identifying Assets:some text
   • Marital property includes assets acquired during the marriage, such as homes, investments, and businesses.
   • Separate property (owned before marriage or acquired via gift/inheritance) is typically excluded.
2. Valuing Assets:
   Accurate valuation is critical in high-net-worth cases. Professionals like appraisers, accountants, or financial analysts may be needed to assess the value of complex assets like businesses or stock portfolios.
3. Division Factors:
   Courts consider factors like:some text
   • Each spouse’s income and contributions to the marriage.
   • Custodial arrangements for children.
   • Tax consequences of asset division.
4. Special Considerations:
   High-net-worth divorces may involve hidden assets, offshore accounts, or prenuptial agreements, which require skilled legal and financial expertise.

In situations involving domestic violence, the court prioritizes the safety and well-being of the child and the abused parent. Protective measures may include supervised visitation or, in severe cases, denying visitation rights to the abusive parent.

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Child custody is decided based on the best interests of the child. Courts consider factors like each parent’s living situation, ability to care for the child, and the child’s preferences if they are old enough.

Some states use tables that indicate a support amount for different ranges of income, similar to tax tables. Although some states base support on the payor's income, many states use an income shares model, which is based on the income of both parents. Usually, the parent who has less physical time with the child will have the child support obligation. In situations where the parents have equal parenting time with the child , the parent with the higher income usually has the child support obligation. If a parent is intentionally not working or is working at less than he or she is capable of earning, the court can "impute income," which means setting support based upon what the parent is capable of earning rather than actual earnings.

Property division can be quite complex.  Property which each party brought to the marriage will be treated separately than property which was acquired during the marriage. North Carolina is an equitable distribution state, which means that property shall be divided in a manner that is fair, not necessarily equal.

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The timeline depends on the complexity of the case. An uncontested absolute divorce typically takes 30-60 days after filing, provided all paperwork is correct. Contested divorces or those involving custody and property disputes may take longer.

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Every divorce case takes a different length of time, depending on the unique circumstances. This will likely depend on how many issues are contested and how quickly you and your spouse can come to agreements. The most common factors that affect the length of the process include the ability for you to cooperate with your spouse, honesty about existing assets, openness to negotiations, and willingness to make sacrifices. Stubbornness, evasion, and animosity can hurt the process and cost more time and more money.

Not necessarily. An isolated incident of sexual relations between parties who are separated will not invalidate their date of separation. However, if the parties resumed their marital relationship, as determined by a totality of the circumstances, the date of separation will be the date of the parties’ most recent separation.

Yes, collaborative divorce is generally faster than a contested divorce in North Carolina. Here’s why:

1. Less Adversarial Process

• Collaborative divorce focuses on mutual agreements and open communication rather than court battles. This reduces delays caused by contentious litigation.

2. Avoids Lengthy Court Proceedings

• Since both parties and their attorneys agree to resolve all issues outside of court, there is no need to wait for court hearings or trials, which can significantly extend the timeline in a contested divorce.

3. Streamlined Negotiation

• Collaborative divorce encourages both parties to work together with their attorneys and sometimes other professionals (e.g., financial advisors, child specialists) to reach an agreement more efficiently.

4. Customizable Timeline

• Unlike contested divorces, which are subject to the court’s schedule, a collaborative divorce allows the parties to set their own pace, often resulting in faster resolution.

5. Reduced Emotional Conflict

• By minimizing conflict, collaborative divorce can help the process move more quickly, as emotional disputes are less likely to delay negotiations.

6. Potential Challenges

• If the collaborative process fails and the case proceeds to court, new attorneys must be hired, which can extend the timeline. However, this is relatively rare when both parties are committed to the collaborative approach.

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Yes, North Carolina mandates custody mediation to encourage parents to reach a mutually agreeable parenting plan. If mediation does not result in an agreement, the case proceeds to a court hearing where a judge will determine custody based on the child's best interests. ​

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Yes, North Carolina mandates custody mediation to encourage parents to reach a mutually agreeable parenting plan. If mediation does not result in an agreement, the case proceeds to a court hearing where a judge will determine custody based on the child's best interests. ​

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It depends. Any portion of your retirement account or pension plan that was acquired during the marriage, and prior to your separation, is presumed to be marital property that is subject to division between as part of the equitable distribution process.

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In most circumstances, it is best to consult with an attorney prior to vacating the home you share with your spouse or partner.

Whether to enter into a prenuptial agreement is a personal choice between you and your intended spouse. Depending on your circumstances, it may be beneficial to consider a prenuptial agreement setting forth the terms of what will happen to your assets or how financial support will be addressed in the event of a separation or divorce. However, there are limitations on these types of agreements that you should discuss with an attorney.

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Divorce mediation during the holidays can offer several advantages:

1. Faster Resolution:
   Mediation often resolves issues more quickly than court proceedings, reducing holiday stress.
2. Cost-Effective:
   Mediation is typically less expensive than litigation, making it a practical choice during financially demanding times like the holidays.
3. Improved Communication:
   Mediation fosters cooperative dialogue, helping co-parents maintain a working relationship for their children’s sake.
4. Flexibility:
   Mediation allows creative solutions for custody schedules and property division that suit both parties’ holiday plans.

To file for an absolute divorce in North Carolina, you and your spouse must have lived separate and apart for at least one continuous year, and one spouse must have resided in the state for six months before filing.

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North Carolina uses the term “equitable distribution” to describe the process of equitably dividing the marital and divisible property and debts between spouses who have separated.

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The court has the power to hold a party in contempt for violating a court order. The contempt must be allowed an opportunity to "purge" the contempt, meaning to comply with the order. If the contempt does not purge the contempt and has the ability to pay, the court has the power of incarceration. In addition, many states have criminal penalties for failing to pay child support.

If one spouse tries to hide assets during a divorce in North Carolina, there can be serious legal consequences. North Carolina is an equitable distribution state, meaning that marital assets must be divided fairly, though not necessarily equally. Hiding assets violates the principles of fairness and can lead to penalties.

Here’s what can happen if a spouse is caught hiding assets:

1. Legal Consequences & Court Sanctions

• If a spouse is found to have hidden assets, the court can sanction them for attempting to deceive the court.
• This could include awarding a larger portion of assets to the other spouse as a penalty.
• Courts may also impose fines or even hold the offending spouse in contempt of court, which could lead to jail time in extreme cases.

2. Discovery Process & Investigations

• The divorce process includes a discovery phase, where both parties must disclose financial documents.
• Attorneys can request bank statements, tax returns, business records, and other financial documents to uncover hidden assets.
• In complex cases, forensic accountants or private investigators may be used to trace undisclosed income, offshore accounts, or undervalued properties.

3. Fraudulent Transfers Can Be Reversed

• If a spouse transfers assets to a family member, friend, or business entity to hide them, the court can undo these transactions and restore the property to the marital estate.
• The court may also impose additional penalties for fraud.

4. Impact on Alimony & Support

• If hidden income or assets are discovered, this can directly affect alimony or child support calculations.
• A spouse hiding income may end up paying higher spousal or child support payments once the deception is uncovered.

5. Attorney Fees & Costs

• If one spouse is caught hiding assets, the court may order them to pay the legal fees of the other spouse, increasing their financial burden.

How to Protect Yourself

• Hire an experienced family law attorney to ensure full financial disclosure.
• Gather financial records early to establish a clear picture of marital assets.
• Be aware of common red flags, such as sudden large withdrawals, changes in financial behavior, or hidden business interests.

If you suspect your spouse is hiding assets, legal intervention is crucial. Contact The Goodman Law Firm at (704) 502-6773 or visit our website for a consultation.

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North Carolina follows equitable distribution laws, meaning marital property is divided fairly but not necessarily equally. Factors such as each spouse's income, contributions to the marriage, and custody arrangements may impact the division.

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A divorce from bed and board is a type of legal separation, not a full dissolution of marriage. It is fault-based, requiring one spouse to prove misconduct like abandonment, adultery, or cruelty.

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Joint custody has two essential components: joint legal custody and joint physical custody. Joint legal custody refers to both parents sharing the major decisions affecting the child, which can include school, health care and religious training. Other considerations under these types of custody agreements can include: extracurricular activities, summer camp, age for dating or getting a job, and methods of discipline.
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Joint physical custody refers to the time spent with each parent. The amount of time is flexible, and can range from a moderate period of time for one parent, such as every other weekend, to a child dividing the time equally between the two parents’ homes. In situations where the time spent with both parents will be divided equally, it helps if the parents live close to one another.

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North Carolina recognizes both fault and no-fault divorces:

1. No-Fault Divorce:some text
   • Requires one year of continuous separation with the intent of at least one party not to reconcile.
   • Fault does not need to be proven, making this the most common type of divorce in the state.
2. Fault Divorce:
   While fault is not required for divorce, proving fault can impact alimony or property division. Grounds for fault include:some text
   • Adultery.
   • Abandonment.
   • Cruelty or domestic violence.

No-fault divorces are typically simpler and less contentious, while fault-based claims can lengthen the process and require more evidence.

Legal custody refers to the right to make major decisions about the child's life, such as education, healthcare, and religious upbringing. Physical custody pertains to where the child resides. Both legal and physical custody can be awarded solely to one parent or jointly to both parents. 

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Legal separation (such as a divorce from bed and board) allows spouses to live apart and settle issues like custody and property division without formally ending the marriage. Divorce legally ends the marriage.

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Legal custody refers to a parent’s right to make decisions on behalf of a child, including those that pertain to the child’s health, education, discipline, and spiritual training. The parents may have joint legal custody in which they must jointly make major child-related decisions together, or one parent may be awarded sole legal custody which allows this parent alone to make major decisions on behalf of the child. Physical custody refers to where the child resides and how much time the child spends in the physical care of each parent.

Preparing for divorce requires strategic planning:

1. Organize Financial Records:
   Gather documents such as tax returns, bank statements, and debt records.
2. Consult an Attorney:
   An experienced family lawyer can explain your rights and options under North Carolina law.
3. Create a Budget:
   Assess your post-divorce financial needs and plan accordingly.
4. Protect Assets:
   Avoid major financial decisions without legal guidance.
5. Prioritize Children:
   Consider how custody arrangements may affect them.

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If your co-parent is not adhering to the custody agreement during the holidays, follow these steps:

1. Document the Issue:
   Record dates, times, and details of the violations. Keep evidence such as missed exchanges, unreturned calls, or texts.
2. Communicate Directly:
   Politely remind your co-parent of the agreement and express the importance of sticking to the schedule for the child’s sake.
3. Seek Mediation:
   Mediation can help resolve disputes amicably without escalating to court.
4. File a Motion for Contempt:
   If violations persist, you can file a motion for contempt in Mecklenburg County Family Court. The court may enforce the agreement through penalties, make-up time, or even modification of custody.
5. Stay Child-Focused:
   Avoid retaliatory actions and prioritize minimizing stress for the child during the holidays.

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In North Carolina, any parent can file for custody, regardless of marital status. Third parties, such as grandparents or other relatives who have cared for the child, may also file under certain circumstances. To obtain custody, non-parents must demonstrate that the parents are either unfit or have acted inconsistently with their parental rights. ​North Carolina Courts

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Your attorney must have adequate information and documentation to support or defend legal claims asserted by you or the opposing party, and to investigate claims and allegations asserted by either party. We understand that the volume of documents that are required in many cases can be overwhelming.

However, these documents are crucial to the outcome of your case and the results we are able to obtain on your behalf. For example, documents provided by you or the opposing party may enable your attorney to discover undisclosed assets, such as a spouse’s paycheck that was earned during the marriage but deposited the day after the separation and which should be included in the marital estate. It is also critically important for your attorney to have information and supporting documentation of each party’s income and expenses in connection with claims for spousal support and child support.

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In North Carolina, parties must be separated for at least one consecutive year before they are eligible to file an action for absolute divorce. The date of separation establishes the earliest date that an action for absolute divorce can be filed. Additionally, your marital assets and debts are valued as of the date of the separation for purposes of equitable distribution.

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In North Carolina, grandparents may be granted visitation rights in certain situations, particularly when there is an ongoing custody dispute between the parents. However, these rights are not automatic, and grandparents must petition the court to request visitation. ​North Carolina Courts

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To initiate a child custody case, you must file a complaint in the appropriate county, typically where the child resides. After filing, the other parent must be served with the summons and complaint. North Carolina requires participation in custody mediation before a judge hears the case, aiming to help parents reach an agreement without court intervention. ​North Carolina Courts

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