Family laws set the ground rules for everything, whether getting married, divorcing, or dealing with custody issues. Here’s what you need to know.
Marriage and Divorce Basics
Want to get married in North Carolina? You’ll need to be at least 18 (or have your parent’s permission if you’re younger) and get a marriage license from your county’s register of deeds. Pretty straightforward.
Regarding divorce, North Carolina keeps it simple with a no-fault system. The main thing? You and your spouse must live apart for at least one year before filing. While most people go this route, you can still file for divorce based on specific reasons like cheating, abandonment, abuse, or substance problems.
Taking Care of the Kids
The courts always put children first. When deciding custody, they look at what’s best for the child, which can mean:
- Having both parents share responsibility (joint custody)
- Giving one parent primary responsibility while the other gets visitation time
Child support isn’t random – there’s a formula for that. The court examines how much money each parent makes, childcare costs, and health insurance. Usually, the parent who doesn’t have primary custody pays support to the one who does.
Money Matters: Alimony and Property Division
Sometimes, one spouse needs financial support after divorce. The court considers how long you were married, your lifestyle during marriage, and each person’s ability to earn money. If someone cheated, that might affect things too.
Regarding dividing property, North Carolina aims for fairness, not necessarily a 50-50 split. Everything you get during marriage—property, debt, retirement accounts—is up for division. But what stuff you owned before getting married or inherited usually stays yours.
Protecting Family Members
If someone’s dealing with domestic violence, they can get a protective order (lawyers call it a 50B order) to keep the abuser away. Emergency custody orders are also available if kids are in immediate danger.
Building Families Through Adoption and Guardianship
Adoption can take different forms—you may be a stepparent adopting your spouse’s child or working with an adoption agency. Either way, you can expect background checks and home studies.
Sometimes, parents cannot care for their children, or adults cannot manage their affairs. That’s where guardianship comes in—the court can appoint someone to help.
Establishing Parent-Child Relationships
Not married but had a child? You’ll need to establish paternity – either by both parents agreeing or through DNA testing. This matters for custody, support, and inheritance.
In severe cases of abuse or neglect, the court can permanently end someone’s parental rights.
Working Things Out
North Carolina usually requires mediation for custody and property disputes before going to court. Mediation is often cheaper and less stressful than a trial.
Getting Help
Family law gets tricky, and the emotions involved don’t make it any easier. Consider talking to a family law attorney – they know the ins and outs of these laws and can protect your rights. Check out legal aid services or the North Carolina Bar Association for help if money’s tight.
While this guide gives you the basics, every family’s situation is unique. What works for one might not work for another, but these laws provide the framework for handling family legal matters in North Carolina.
