Divorce and Separation Agreements
In the event spouses decide to end their marriage, and want to do so without having to go to court, they can enter into a binding contract called a Separation Agreement and Property Settlement. These documents are contracts that detail how the parties have agreed to settle their property rights, child custody rights, child support obligations, spousal support rights, and other legal rights related to the dissolution of the marriage. These Agreements are enforceable like any other contract. If the parties so desire, the Agreement can be incorporated into a divorce judgment, making it enforceable as a court order. The proper drafting of a comprehensive Separation Agreement and Property Settlement can be complex. As with any other contract, this task should not be taken lightly, and should be handled by an experienced attorney familiar with these types of documents.
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In North Carolina, an absolute divorce forever ends certain property rights and other rights of the parties. If you need to pursue legal action, or are served with a lawsuit seeking divorce, it is imperative that you seek legal representation to protect your rights and your interests.
Child Custody and Child Support
In North Carolina, parents are considered to have “equal” custody rights unless there is a court order or an agreement otherwise. The common assumption that "children will always go with the mother” is not the law, and is not true. The courts determine what is “in the best interest of the child” in child custody and visitation cases. The laws involved in child custody cases, jurisdiction issues between parties in different states, and the legal rights of third parties (such as grandparents or step-parents) seeking custody or visitation are very complex.
In North Carolina, child support is generally determined under the North Carolina Child Support Guidelines as calculated using one of three “worksheets.” These worksheets are based on the custodial arrangements between the parties. Each parent’s income, any daycare expenses, health insurance expenses, and other expenses allowed under the Guidelines are computed on the respective worksheet, and a child support amount is calculated. In certain cases, the courts can allow for “deviation” from the Guidelines.
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If you need to pursue legal action, or are served with a lawsuit regarding child custody or child support, it is imperative that you seek legal representation to protect your rights and your interests.
Property Distribution
In North Carolina, property rights between spouses that are ending their marriage are determined under the Equitable Distribution Act. This process, called “E.D.” in the legal system, can be very complex. Property owned by the parties must be “identified,” “valued,” and “distributed.” During "identification" property is classified as either “marital” or “separate” or "divisible."
During "valuation" property is assigned a fair market value. This is different than purchase value or replacement value. During "distribution" the court distributes the marital and divisible property in an “equitable” manner. The presumption is that a 50/50 split is "equitable." However, there are circumstances when an “unequal” distribution may be awarded pursuant to factors listed in the Act.
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If you need to pursue legal action, or are served with a lawsuit regarding Equitable Distribution, it is imperative that you seek legal representation to protect your rights and your interests.
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