Our representation in family law matters is resolution-focused to help you avoid unnecessary conflict. A settlement where you are in charge of the outcome is always the better route for you and your children. We represent parties in negotiations, mediation, and family court litigation.
Family law matters are personal, high-stakes, and often time-sensitive. Whether you are navigating a separation, divorce, custody dispute, or enforcement issue, we can provide clear and structured guidance.
In some cases, litigation is required to protect you or your children, to enforce agreements and orders, or to move your case forward when the other party will not negotiate in good faith. We have over 25 years of courtroom experience and will advocate on your behalf at trial and other hearings.
We also provide effective representation in appellate litigation in the North Carolina Court of Appeals and Supreme Court of North Carolina in cases involving complex equitable distribution, child custody, abuse/neglect/dependency proceedings, and termination of parental rights.
Not every case resolves early, and not every case should. When litigation becomes necessary, we approach it with structure, preparation, and purpose. This includes developing a clear case strategy, planning work in defined phases, drafting pleadings and motions, and managing discovery through interrogatories, document requests, and subpoenas. We prepare thoroughly for hearings and trial, and provide direct courtroom advocacy when required. A well-prepared case improves leverage, clarity, and outcomes, which is why litigation is used strategically, not automatically.
You and your spouse must live separate and apart for at least one year. N.C.G.S. § 50-6. Living separate and apart means that you cannot reside in the same house, even if you sleep in separate bedrooms. Also, one of you must have lived in North Carolina for at least six months.
A parenting plan for your children can be determined by agreement between you and your spouse. If you cannot agree, then one parent can sue for custody and ask the court to enter an order determining whether one parent should have custody or both parents should have joint custody. The court’s order will be based on what it decides is in the best interest of the child. N.C.G.S. § 50-13.2. It can include any terms and conditions that the court believes will promote the best interest and welfare of the child, including visitation and provisions protecting a child from domestic violence and drug or alcohol abuse by a parent.
Unless waived by the court, parents who file a lawsuit for custody must participate in mandatory mediation before their case can be heard by a family court judge.
North Carolina prescribes uniform statewide guidelines for determining parents’ child support obligations, which are updated approximately every four years. The guidelines must be used whenever a court enters a temporary or permanent child support order. The guidelines are intended to provide a sufficient amount of support given the parents’ incomes and ability to pay. Reasonable child care, health insurance, and health care costs are added to the basic child support obligation and prorated between the parents based on their respective incomes.
Parents can also negotiate a fair and reasonable amount of support for their children in a separation agreement.
Property and debts must first be classified as marital property or separate property. Marital property is all real estate, accounts, retirement benefits, and personal property acquired by either spouse (or both spouses jointly) after the date of marriage and before the date of separation. Marital debt is debt incurred after the date of marriage and before the date of separation by either or both spouses for the benefit of the marriage, regardless of who is legally obligated for the debt. Separate property is all property acquired by a spouse before the date of the marriage and all property acquired by gift or inheritance. Some property is “mixed,” meaning that it has marital and separate components. See N.C.G.S. § 50-20.
Second, the net value of marital property must be determined. The valuation date is as of the date of separation. Similarly the amount of marital debt must be determined as of the date of separation.
Third, marital property must be distributed equitably between the parties. A court will order an equal distribution of marital property unless it determines that an equal distribution would not be equitable considering the factors listed in N.C.G.S. § 50-20(c).
Parties can provide for the distribution of their marital property and debts by written agreement executed before, during, or after the marriage. Those agreements are called premarital/prenuptial, marital, and separation agreements.
It depends.
First, one spouse must be a “dependent spouse,” meaning that they are actually substantially dependent upon the other spouse for his or her maintenance and support or substantially in need of maintenance and support from the other spouse. The other spouse must be a “supporting spouse,” meaning a spouse upon whom the other is actually substantially dependent for maintenance and support or from whom the other is substantially in need of maintenance and support.
For post-separation support, a court will consider the financial needs of the parties, their accustomed standard of living, their incomes and earning abilities, the debts they are paying, their reasonable expenses, and their legal obligations to support others. N.C.G.S. § 50-16.2A. Postseparation support will be awarded if the resources of the dependent spouse are inadequate to meet her or his reasonable needs and the supporting spouse has the ability to pay. Marital misconduct, such as illicit sexual behavior, criminal acts, abandonment, reckless spending, and drug or alcohol abuse, may affect whether and how much post-separation support will be awarded.
For alimony, a court must determine that an award of alimony is equitable after consideration of several factors, including those set out in N.C.G.S. § 50-16.3A(b). Special rules apply in the case that one or both spouses have committed adultery. Where alimony is to be awarded, a court has great discretion in determining the amount, duration, and manner of payment of alimony.