Best Child Custody Lawyers in Concord, NC

In order to get a divorce in North Carolina you must live separate and apart from your spouse for one year. You must actually live in separate residences, not just separate bedrooms. There is no requirement that both spouses want the divorce or that you and your spouse have a formal separation agreement, just that one of you move out with the intention of the separation being permanent.

If an absolute divorce is granted, the bonds of your marriage are terminated and you are now eligible to remarry. Your ability to ask the court for assistance with distribution of marital property or spousal support issues is terminated unless you had claims for those issues pending prior to the judge signing your divorce judgment. If you have property or support issues, it is advisable to speak with an attorney before beginning the divorce process. Getting a divorce does not cut off your right to have the court assist you with child custody or child support issues. However, getting a divorce cuts off your right to inherit money from your former spouse (and vice versa). However, it is still a good idea to update your will, power of attorney and to designate new beneficiaries on any life insurance or retirement account.

You may be able to successfully get yourself divorced without the assistance of an attorney, especially if you do not have any joint property or debt. It is always less expensive to consult with an attorney before your divorce than it is to try to correct errors that are made when you do it yourself.

After a lawsuit is filed, North Carolina requires that you and the other parent participate in child custody mediation. This is an opportunity for you and the other parent to sit down in a neutral location with a mediator and discuss possible custody arrangements. If you are able to agree, the mediator will prepare a parenting agreement for your signature. Once signed by both parents, the parenting agreement will be signed by a judge and become a court order.

Legal custody is the right of the parents to make important decisions for their children, including health care, education and religion. Physical custody is the day-to-day living arrangements. When making a child custody decision, the judge will consider anything he or she thinks is important in determining what arrangement will best promote the interests and welfare of the child.