05 March

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Who keeps the house in a North Carolina divorce?

Divorce can be a challenging process, especially when it comes to dividing assets. In North Carolina, the question of who keeps the house during a divorce is often complicated. Understanding the state’s marital property laws can help clarify this issue. Marital property in North Carolina In North Carolina, the concept of “marital property” is crucial. Marital property includes most possessions and interests acquired during the marriage. However, not everything acquired during marriage falls under this category. Inheritances and personal gifts, for example, count as separate property. Also, if a spouse uses their inheritance to buy something during the marriage, that item remains...

01 January

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New year, improved co-parenting approaches

Posted by Chris Proffitt

in Family Law

The new year is a time for fresh starts, and for co-parents, it presents a perfect opportunity to evaluate and improve co-parenting dynamics. Whether you’re newly separated or have been co-parenting for years, there are always additional ways room to strengthen communication, reduce conflict and foster a healthier environment for your children as the new year unfolds. To that end, it may benefit you and your ex to begin the year by discussing shared goals for your children. Focus on areas like academic success, extracurricular activities and emotional well-being. When both parents are aligned on priorities, this reality can inspire a...

21 November

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Can your spouse ignore the divorce petition?

Posted by Chris Proffitt

in Family Law

You know that you want a divorce, but you’re also aware that your spouse does not. The two of you have discussed it, and it’s clear this won’t be an amicable split. One thing that concerns you is whether your spouse might refuse to cooperate entirely. They may ignore the divorce petition or even threaten to do so, telling you they won’t sign anything because they don’t want the marriage to end. Can they ignore the petition, and do you need their signature? They only need to be informed Under North Carolina law, you are required to inform your spouse that you want...

17 October

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Legal guidance amid child support problems in North Carolina

Posted by Chris Proffitt

in Family Law

When you exit a divorce with a child support order, it helps to reduce your stress about providing for your kids. Unfortunately, receiving the ordered support is another problem entirely. Understanding potential child support issues and how to address them can help ensure your children receive the financial support they need. Here are some examples of common problems and guidance for resolving them. Non-payment of child support A common problem is when the non-custodial parent fails to make child support payments, creating financial strain and negatively impacting the child’s well-being. Legal action can be taken to enforce payment, including wage garnishment and contempt...

20 July

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Navigating the first back-to-school season as co-parents

Posted by Chris Proffitt

in Family Law

Back-to-school season is always a hectic, stressful time for parents. If this is your first one since your separation or divorce, it will likely take some coordination and communication to help avoid issues for you and your co-parent – and especially for your child. Every family’s situation is unique. However, here are a few things that you’ll likely need to address. How will expenses be split? If you haven’t worked out your child support agreement yet (or maybe even if you have), you’ll need to determine how expenses like tuition, uniforms or back-to-school clothes, school supplies, bus passes, lunch payments, sports and/or musical...

03 June

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3 instances when divorce may be better for your children

Posted by Chris Proffitt

in Family Law

The family unit is an important factor in any child’s life, and they thrive where there is love and stability. However, not all marriages provide the ideal environment for children to flourish. In some cases, divorce may provide children with a healthier and more stable living environment. These instances may include the following. 1. Domestic violence If children are constantly exposed to domestic violence within the marriage, their physical safety and emotional well-being are at risk. Witnessing violence between parents can have profound and lasting effects on children leading to trauma, fear, anxiety and even post-traumatic stress disorder (PTSD). Divorce can remove children...

14 March

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5 mistakes to avoid during separation in North Carolina

Posted by Chris Proffitt

in Family Law

In North Carolina, the path to divorce begins with a mandatory separation period of at least a year and a day. Here, separation means more than living in different rooms; it demands residing in entirely different locations. This waiting time, while necessary, can sometimes lead to missteps that could affect the outcome of divorce. Although it may be challenging, staying mindful of your actions is essential to set the stage for a smoother divorce process. Rushing into a new relationship It is natural to want someone to lean on during such a difficult time. However, engaging in new, intimate relationships with someone other...

10 February

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Is child support in North Carolina a flat fee?

Posted by Chris Proffitt

in Family Law

Child support is an important aspect of family law. It is one way to ensure that children receive financial support from both parents, even after the parents’ separation or divorce. In North Carolina, determining child support involves various factors but is not a flat fee. Calculation methodology Guidelines established by state law determine child support amounts. These guidelines consider factors such as the income of both parents, the number of children requiring support and any special needs or circumstances. Income shares model North Carolina uses an “income shares” model to determine child support payments. This model takes into account the income of both parents to...

18 December

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What are the challenges of adopting a foster child?

Posted by Chris Proffitt

in Family Law

Adopting a foster child is a noble and rewarding undertaking. That said, the journey comes with challenges in addition to those that nonadoptive parents must face. Understanding the struggles inherent in bringing a foster child into one’s home is necessary for creating a harmonious experience. Attachment issues Building trust and forming healthy connections with others may not be natural for youth in the welfare system. This is especially true for those whose histories include severe disruptions. Adoptive parents must invest time and effort in creating a supportive environment that provides emotional security and encourages healthy relationships. Behavioral challenges On average, 23% of kids in the...

30 August

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Preparing For Your Child Custody Hearing

Posted by Chris Proffitt

in Family Law

You and your spouse saw no alternative but to go your separate ways. The divorce is underway and you’re nervous about your child custody hearing. One way to alleviate stress before a court date is to be as prepared as possible. The following steps should help you to navigate your custody hearing. Creating a good impression Typically, the court will want both parents to play an active role in the child’s life. If you and your co-parent can’t agree on certain custody issues, then the court will consider the best interests of the child. This is the standard by which the family court...