Raleigh Family Law Attorney

Frequently Asked Questions

At Hopper Law Firm, clients seem to ask many of the same questions about family law in Raleigh. Our experienced family lawyers have answered some frequent questions, which are posted here for your benefit. If you or someone you care about has questions about family law or family-related legal issues, call our Raleigh law Firm as soon as possible to have your specific questions answered by a Raleigh Divorce Attorney.

How do I get a divorce?

Under North Carolina law, a person must meet the following requirements in order for a divorce to be granted:

You and your spouse have to have lived in North Carolina for a minimum of 6 months before filing divorce.
A divorce must be filed with the Clerk of Court in the county where you reside (you or your lawyer can do this).
The divorce complaint has to be delivered to your spouse through certified mail or by a county sheriff.
After the specified waiting period, you or your attorney has to appear in court so the judge can sign an order, finalizing your divorce.

How long does the divorce process take?

Divorce in North Carolina takes a minimum of 45 days from the date the divorce complaint is filed. The answering party has 30 days to file an answer or extension request once the divorce complaint is received. The divorce process can vary in length because of the many variables that can occur you’re your lawyer can give you a better estimate after evaluating your circumstances.

What is alimony?

Alimony, also known as spousal support, is designed to provide a financially dependent spouse with money for living expenses. There are three different types of alimony in Raleigh:

Permanent alimony – a type of alimony awarded after divorce consisting of regular payments that may change in amount or end if the receiving party remarries.
Temporary alimony – a type of alimony awarded pending a divorce or separation consisting of payments that include enough money to afford the lawsuit and money to take care of needs until permanent alimony can be established.
Lump sum alimony – also known as alimony in gross. Some states allow lump sum alimony payments that permit spouses to pay their alimony all at once.

How is marital property divided in North Carolina?

Unless proven to be separate by a prenuptial or postnuptial agreement, all property is considered to be marital property in Raleigh. Sometimes property will be split 50/50, and other times different factors will be used to determine who gets which property. The unequal earning power of the parties, the expectation of pension or retirement benefits, contributions made by one spouse to the education or career development of the other, the need of a parent with custody of a child or children of the marriage to occupy the marital residence and use or own its household effects are all considered when dividing marital property.

Does a spouse have to prove fault on the part of the other spouse to obtain a divorce?

No. North Carolina is a no-fault divorce state whereby either spouse may obtain an absolute divorce based on one year's separation (the only other ground is proving incurable insanity which is rarely used).

What is the difference between a legal separation and a divorce?

Divorces are not final for at least 6 months, while a legal separation can be final almost immediately. The largest difference between the two is that if you proceed with a divorce you are no longer married. A legal separation only separates the two parties – they remain married.

What are the different types of child custody?

Child custody can be broken down into three separate categories:

Temporary Custody – custody is assigned temporarily to one parent while permanent custody arrangements are being made.
Legal Custody – separated into both sole legal custody and joint legal custody,
Sole legal custody - when only one parent holds the right to make legal decisions for the child.
Joint legal custody - when both parents hold the right to make legal decisions for the child.
Physical Custody – separated into both sole physical custody and joint physical custody,
Sole physical custody - when the child lives with one parent and the other has specific visitation rights.
Joint physical custody - when a child is able to reside with each parent for a substantial amount of time during the course of a calendar year.

May I withhold visitation because my spouse will not pay child support?

No. If you withhold visitation because a spouse will not pay his or her child support, you are taking the law into your own hands and may be held in contempt of court. If your spouse will not pay child support, you should see an attorney who will advise you on how to recover the lost child support payments and to further ensure that your spouse continues to make timely payments in the future.

Contact a Raleigh family Law Attorney at Hopper Law Firm today with any questions you may have about family legal issues!