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Legal custody and physical custody are not the same thing. While both are brought up in North Carolina custody cases, they deal with two different aspects of parenting. Physical custody applies to the parent that has the child in their care. Essentially, the parent with whom a child lives most of the time has physical custody. Legal custody carries the right and responsibility to decide on important matters for a child’s welfare and best interest. Continue reading →

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North Carolina General Statutes outline several factors that courts should consider when determining if alimony is appropriate in a divorce case and how much support should be awarded. Income, length of the marriage, the health of the spouses, the expenses of the dependent spouse, and various other elements are used to determine alimony. Continue reading →

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Assets and debts are divided either equally or equitably in North Carolina divorces. Tangible property like vehicles, houses, furniture, and jewelry can be included in this distribution, as can intangible assets like bank accounts and retirement accounts. Military pensions are also subject to distribution in a divorce, but they are handled slightly differently from other accounts like 401(k)s and IRAs. Continue reading →

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North Carolina courts consider certain acts of marital misconduct when ruling on issues like spousal support and alimony. If a dependent spouse is found to have engaged in illicit sexual behavior during the marriage, the court may not award alimony. There are exceptions to this, such as if the other spouse granted permission or if both spouses had affairs, but this is the general rule courts follow when ruling on alimony in North Carolina. Continue reading →

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A spouse may be required to pay their spouse’s attorney fees in a North Carolina divorce. There are various situations in which this could occur, such as if one spouse filed a frivolous action. Attorney fees may also be awarded if the spouse requesting attorney fees does so in good faith and does not have the means to cover the costs. Continue reading →

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The courthouse where a divorce complaint is filed is called the venue. Determining which venue to file in is important because only the proper venue can rule on a case. North Carolina law states that the venue for legal action is the county in which either party to the case lives, but identifying which court is the correct venue to initiate your divorce action can be more complicated. Continue reading →

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On a national level, the number of marriages has begun to increase after taking a dive in the couple of years following the COVID-19 pandemic. Even though more people may be getting married now, there are still a significant number of unmarried couples who live together in North Carolina. If you are unmarried, does North Carolina allow a lesser-earning or dependent partner to receive alimony or to seek equitable distribution during a breakup? Continue reading →

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As part of the North Carolina divorce process, spouses often have assets that need to be divided between them. Equitable distribution is an option if one or both spouses request it, and it is the process by which the court will divide the property in a way that is equitable but not always equal. Continue reading →

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The judicial system relies on a judge’s ability to render an impartial and fair judgment. When that isn’t possible, judges should remove themselves from the case. This is known as recusal. Typically, recusal is based on the Code of Judicial Conduct and scenarios in which the judge may have questionable impartiality. Continue reading →

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Parents and guardians who wish to change their child custody order typically must file a motion to modify. Additionally, the parent who files the motion, sometimes referred to as the moving party, must prove that there has been a substantial change in circumstances that impacts the child’s wellbeing.

Can a trial court choose to modify a custody order even when neither parent has filed a motion to modify? Not generally, but a recent Court of Appeals case highlighted a specific scenario in which this might occur. Continue reading →