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FAMILY LAW IN
NORTH CAROLINA
– PART 1
“Family law in North Carolina is a topic that touches the most
important parts of our lives: our relationships,
our children, and our family.”
Welch and Harris, LLP
Family Law in North Carolina – Part 1 www.welchharris.com 2
Family law in North Carolina is a topic that touches the most important parts of
our lives: our relationships, our children, and our family. As its name implies,
family law is a topic that covers many different aspects of family relationships,
ranging from marriage and divorce, to child custody and paternity, and beyond.
Today, we are going to take a close look at family law, why it is important, and
what you need to know about it.
Family Law in North Carolina – Part 1 www.welchharris.com 3
WHAT IS FAMILY LAW?
Family law is a broad area of the law that governs the legal rights of married
people, parents and their children, and many other aspects of family
relationships. Every state adopts its own laws when it comes to governing these
relationships, and North Carolina is no different. Family law attorneys are lawyers
who specialize in dealing with cases arising out of these types of family
relationships and issues.
It's important to note that family law attorneys help their clients deal with issues
arising out of the family relationship, but not all issues involving other family
members are covered under family law.
For example, if you want to challenge your grandfather's will you need to speak
to an estate planning or probate attorney. Similarly, if you and your sibling have
a business together and have a dispute, you'll need to speak to an attorney
experienced in business law matters.
Family Law in North Carolina – Part 1 www.welchharris.com 4
HOW CAN I GET DIVORCED IN NORTH CAROLINA?
One of the more common questions we get about family law involves the divorce
process. North Carolina has some fairly unique laws when it comes to divorce
that you need to understand if you are thinking about ending your marriage. For
example, in order to file for divorce in North Carolina, you and your spouse must
have been separated (lived separate and apart) for at least one year prior to
filing. Further, the person filing for divorce must have resided in North Carolina
for at least 6 months before he or she can file the divorce paperwork.
Beyond these basic filing questions, there are also questions about property
division, alimony, and even marital misconduct that you will have to consider.
Your lawyer will advise you about your options, rights, and obligations, and will
be there with you through every stage of the divorce process.
Family Law in North Carolina – Part 1 www.welchharris.com 5
WHAT ABOUT CHILD CUSTODY?
When children are involved in a family law issue, there are many issues you will
have to consider. Matters or child custody, child support, paternity, and even
adoptions are all covered under family law, and each has its own requirements
and limitations.
For example, let's say that you and your spouse decide to divorce. You have two
children from the marriage, and both of you want custody of those children.
Further, even though you are not currently employed, you are going to school to
earn your degree, and want to know if you can have your soon-to-be former
spouse help pay for the child care costs, as well as make alimony payments to
Family Law in North Carolina – Part 1 www.welchharris.com 6
help support your education. What will happen when you go to court? How will a
judge determine the question of custody, child support, or alimony?
A family law attorney will help you answer all of the questions, and, more over,
give you the foundation you need to understand what legal issues are involved.
Further, your lawyer will be able to give you advice about what you should do
throughout the divorce and child custody process.
WHAT ARE MY RIGHTS WHEN IT COMES TO FAMILY LAW?
Determining the answer to any family law question is never easy to do without
the advice and guidance of an experienced attorney. Not only that, but family
law issues are often some of the most stressful, emotionally-charged, deeply
personal legal questions you will ever face, making your ability to objectively
evaluate your position that much harder.
Whenever you have a question about family law, you need to know what your
rights, obligations, and legal options are. You need to talk to an experienced
attorney, and you need to do so right away. Your family law rights are often
time-sensitive, and you need to be able to make a decision knowing you have
the advice and guidance of an attorney who has helped clients in your situation.
If you are facing a family law situation, have a question, or simply need more
information, contact us as soon as possible so we can set up a time to talk with
you.
Family Law in North Carolina – Part 1 www.welchharris.com 7
About Welch and Harris, LLP
Jacksonville, North Carolina Criminal Defense, Civil Litigation, Family Law and Admiralty
At Welch and Harris, LLP, our team is committed to help you with your legal needs. This means
that we thoroughly investigate your case and zealously represent your interests. We are goal-
oriented and will focus on getting you the results you want, while at the same time offering a cost-
effective and efficient solution to your legal needs. We also understand that an attorney works for
their client, so we strive to ensure that our clients are in touch with their attorney and always
know what is going on with their case. With Welch and Harris, LLP, you can count on personal
attention from our legal team.
We know that there is never a convenient time to have to deal with a court case or other legal
problem. Because of this, we will make every effort to minimize the impact your case will have on
your daily life. We offer flexible payment options for both legal fees and court expenses, and
because it can also cost you time and money to take off from work or school to attend court, we
will do everything we can to meet with you at your convenience and help you avoid setting foot in
a courtroom.
Every case is different, and every case is important. If you or somebody you care about has a legal
problem, call us today and find out the difference that strong, knowledgeable, and personal legal
representation can make! Our office is strategically located across the street from the courthouse
in Jacksonville on the coast between the ports of Wilmington and Morehead City and within easy
reach of the various commercial and recreational fishing communities and beaches of eastern
North Carolina. We are also located proximate to Camp Lejeune, Camp Johnson, and the New River
Air Station, and as a “military friendly” business, we are proud to be able to serve the particular
needs of the armed forces community.
636 Court Street
Jacksonville, 28540
Phone: 910.347.0161
Website: www.welchharris.com

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Family Law in North Carolina -Part1

  • 1. FAMILY LAW IN NORTH CAROLINA – PART 1 “Family law in North Carolina is a topic that touches the most important parts of our lives: our relationships, our children, and our family.” Welch and Harris, LLP
  • 2. Family Law in North Carolina – Part 1 www.welchharris.com 2 Family law in North Carolina is a topic that touches the most important parts of our lives: our relationships, our children, and our family. As its name implies, family law is a topic that covers many different aspects of family relationships, ranging from marriage and divorce, to child custody and paternity, and beyond. Today, we are going to take a close look at family law, why it is important, and what you need to know about it.
  • 3. Family Law in North Carolina – Part 1 www.welchharris.com 3 WHAT IS FAMILY LAW? Family law is a broad area of the law that governs the legal rights of married people, parents and their children, and many other aspects of family relationships. Every state adopts its own laws when it comes to governing these relationships, and North Carolina is no different. Family law attorneys are lawyers who specialize in dealing with cases arising out of these types of family relationships and issues. It's important to note that family law attorneys help their clients deal with issues arising out of the family relationship, but not all issues involving other family members are covered under family law. For example, if you want to challenge your grandfather's will you need to speak to an estate planning or probate attorney. Similarly, if you and your sibling have a business together and have a dispute, you'll need to speak to an attorney experienced in business law matters.
  • 4. Family Law in North Carolina – Part 1 www.welchharris.com 4 HOW CAN I GET DIVORCED IN NORTH CAROLINA? One of the more common questions we get about family law involves the divorce process. North Carolina has some fairly unique laws when it comes to divorce that you need to understand if you are thinking about ending your marriage. For example, in order to file for divorce in North Carolina, you and your spouse must have been separated (lived separate and apart) for at least one year prior to filing. Further, the person filing for divorce must have resided in North Carolina for at least 6 months before he or she can file the divorce paperwork. Beyond these basic filing questions, there are also questions about property division, alimony, and even marital misconduct that you will have to consider. Your lawyer will advise you about your options, rights, and obligations, and will be there with you through every stage of the divorce process.
  • 5. Family Law in North Carolina – Part 1 www.welchharris.com 5 WHAT ABOUT CHILD CUSTODY? When children are involved in a family law issue, there are many issues you will have to consider. Matters or child custody, child support, paternity, and even adoptions are all covered under family law, and each has its own requirements and limitations. For example, let's say that you and your spouse decide to divorce. You have two children from the marriage, and both of you want custody of those children. Further, even though you are not currently employed, you are going to school to earn your degree, and want to know if you can have your soon-to-be former spouse help pay for the child care costs, as well as make alimony payments to
  • 6. Family Law in North Carolina – Part 1 www.welchharris.com 6 help support your education. What will happen when you go to court? How will a judge determine the question of custody, child support, or alimony? A family law attorney will help you answer all of the questions, and, more over, give you the foundation you need to understand what legal issues are involved. Further, your lawyer will be able to give you advice about what you should do throughout the divorce and child custody process. WHAT ARE MY RIGHTS WHEN IT COMES TO FAMILY LAW? Determining the answer to any family law question is never easy to do without the advice and guidance of an experienced attorney. Not only that, but family law issues are often some of the most stressful, emotionally-charged, deeply personal legal questions you will ever face, making your ability to objectively evaluate your position that much harder. Whenever you have a question about family law, you need to know what your rights, obligations, and legal options are. You need to talk to an experienced attorney, and you need to do so right away. Your family law rights are often time-sensitive, and you need to be able to make a decision knowing you have the advice and guidance of an attorney who has helped clients in your situation. If you are facing a family law situation, have a question, or simply need more information, contact us as soon as possible so we can set up a time to talk with you.
  • 7. Family Law in North Carolina – Part 1 www.welchharris.com 7 About Welch and Harris, LLP Jacksonville, North Carolina Criminal Defense, Civil Litigation, Family Law and Admiralty At Welch and Harris, LLP, our team is committed to help you with your legal needs. This means that we thoroughly investigate your case and zealously represent your interests. We are goal- oriented and will focus on getting you the results you want, while at the same time offering a cost- effective and efficient solution to your legal needs. We also understand that an attorney works for their client, so we strive to ensure that our clients are in touch with their attorney and always know what is going on with their case. With Welch and Harris, LLP, you can count on personal attention from our legal team. We know that there is never a convenient time to have to deal with a court case or other legal problem. Because of this, we will make every effort to minimize the impact your case will have on your daily life. We offer flexible payment options for both legal fees and court expenses, and because it can also cost you time and money to take off from work or school to attend court, we will do everything we can to meet with you at your convenience and help you avoid setting foot in a courtroom. Every case is different, and every case is important. If you or somebody you care about has a legal problem, call us today and find out the difference that strong, knowledgeable, and personal legal representation can make! Our office is strategically located across the street from the courthouse in Jacksonville on the coast between the ports of Wilmington and Morehead City and within easy reach of the various commercial and recreational fishing communities and beaches of eastern North Carolina. We are also located proximate to Camp Lejeune, Camp Johnson, and the New River Air Station, and as a “military friendly” business, we are proud to be able to serve the particular needs of the armed forces community. 636 Court Street Jacksonville, 28540 Phone: 910.347.0161 Website: www.welchharris.com