When facing a separation or divorce, the most common feeling people bring into our conference room is uncertainty. Clients often ask, “I don’t even know where to start or what to ask.” A helpful place to begin is by understanding the five primary legal claims a North Carolina court can consider during a separation or divorce.
1. Child Custody For parents, determining what happens to minor children is typically the primary concern. In North Carolina, courts analyze the best interests of the child to establish two types of custody:
- Legal Custody: Dictates how major decisions regarding healthcare, education, and general welfare are made between the parents.
- Physical Custody: Outlines the daily living schedule and determines whose roof the child sleeps under on any given day.
2. Child Support Unlike some aspects of family law, child support relies on a defined formula based on present income. By utilizing the North Carolina Child Support Worksheets, you can input basic information—such as both spouses’ incomes, child care costs, and health insurance payments—to get a clear baseline estimate of what an order may look like.
3. Spousal Support (Post-Separation Support & Alimony) Spousal support provides financial assistance to a dependent spouse and falls into two categories: post-separation support (temporary) and alimony (longer-term). While based on income, spousal support also incorporates numerous statutory factors, making it more complex to calculate than child support.
4. Equitable Distribution Equitable distribution is the legal process of dividing the marital estate. Any assets or debts acquired from the date of marriage up to the date of separation are generally presumed to be marital property. The court is tasked with identifying, valuing, and distributing these assets and debts. While an equal 50/50 split is the standard presumption, specific legal exceptions can justify an unequal division.
5. Absolute Divorce The divorce decree itself is the final legal claim. In North Carolina, once spouses have lived separate and apart for one year and one day, either party can file a lawsuit for absolute divorce. A judge signs a divorce decree that officially dissolves the marriage in the eyes of the state.
Navigating Your Separation with McKnight Law Understanding these five claims is the first step toward taking control of your future. Whether you meet with John McKnight at our Raleigh office or our Fuquay-Varina location, the team at McKnight Law is ready to walk you through each claim and protect your rights.
If you are considering a separation, visit us at mcknightlawyers.com or call (919) 413-7002 to schedule a consultation.
In this video, McKnight Law breaks down the five core claims in a North Carolina divorce.
