FAQS About Family Law

Below are some frequently asked questions about Family Law:

What kinds of cases do your family law lawyers represent?

Our Speaks Law Firm, PC Family Law Division attorneys handle many different types of family law cases, including:

• Prenuptial or postnuptial agreements
• Divorce
• Legal separation
• Child custody
• Paternity claims
• Child support
• Alimony (spousal support)
• Adoptions
• Protective orders
• Post-divorce agreement modifications (spousal support, child custody, child support)

Do my spouse and I need to separate before a divorce in North Carolina?

You and your spouse must separate for at least a year plus one day in order to legally divorce. You do not have to create a separation agreement to file for divorce. However, you and your spouse must have lived separately during that time, and at least one spouse must have intended for the separation to be permanent.

Is North Carolina a community property or equitable division state in a divorce?

North Carolina is an equitable division state, meaning that each spouse retains their individual property from before the marriage, and the court will divide marital property based upon what it determines to be an equitable division for each party. For example, if one spouse will have physical custody of children from the marriage, the court will likely award the marital home to that spouse.

Know that if the court awards the marital home to one spouse, it will likely make the division of the rest of the marital property equitable with the other spouse or reduce alimony payments to account for the value of the home.

Can I request alimony and child support in North Carolina?

North Carolina allows divorcing spouses to request alimony and child support. A prenuptial agreement between you and your spouse may preclude your right to alimony in the event of a divorce, but the custodial parent always has a right to seek child support from the non-custodial parent. A court will determine what is in the best interest of your child(ren) regarding custody and child support.

How do I find reputable Wilmington family law attorneys?

At Speaks Law Firm, PC Family Law Division in Wilmington, NC, our family attorneys have years of experience representing spouses, parents, adoptive parents, and more in their family law cases for divorce, custody, alimony, adoption, paternity claims, separation, and post-divorce agreement modifications. For legal help, call us at Speaks Law Firm, PC Family Law Division at (910) 769-7339. We’ll speak for you.