Washington, NC Divorce, Child Custody and Consumer Protection Law

The information provided here is of a general nature and is not a substitution for specific legal advice about your matter.  To learn how the law applies to your specific situation, contact Alan M. Roughton at (252) 940-1300 to schedule a consultation.

1. Can I get a divorce?
2. Are we legally separated?
3. Can I get custody of the children?
4. He/She cheated on me.  What can I do about it?
5. Can I get alimony/Will I have to pay alimony?
6. My ex-spouse has not paid alimony or post-separation support.  What do I do?
7. How does child support work?  What if he or she doesn't pay?
8. Who will get the house?
9. What will happen to my retirement accounts?
10. What is a divorce from bed and board?
11. What is a Domestic Violence Protective Order?
12. Will I have to take my divorce to court?
13. Do I need a lawyer?
14. How can I keep costs down in my divorce?
15. Can I change my current child custody arrangement?

1. Can I get a divorce?

In North Carolina, you can file for absolute divorce if you have been a resident of North Carolina for at least six months and have been separated from your spouse for more than a year.

2. Are we legally separated?

Many people ask whether they are "legally separated."  In North Carolina, no documents are needed in order to be separated.  All you need is live separate and apart with the intent to stay separate.  In most situations, however, you should obtain a lawyer's services to either draft a separation agreement or take court action so that you can move on with your life, settle custody issues, and protect your finances.

3. Can I get custody of the children?

This depends on numerous variable.  Courts apply the best interest of the child test, which includes a number of factors.  First among them is determining which parent has been the primary caregiver.  Other considerations are the living situations of the parents, who is most likely to foster a relationship with the other parent, and numerous other factors.  Contact Alan M. Roughton for a full evaluation of your case.

4. He/She cheated on me. What can I do about it?

It depends.  "Fault" does not have the importance in North Carolina family law that it once had.  Depending on your situation, you may have a claim for alienation of affection or criminal conversation against the person with whom your spouse had an affair.  If your spouse cheated, you may have a defense to his or her alimony claim-depending on your own behavior.  Contact Alan M. Roughton for assistance in determining how infidelity affects your case.

5. Can I get alimony/Will I have to pay alimony?

It depends.  Alimony is among the most complicated issues in North Carolina family law.  Awards of post-separation support and alimony are appropriate when one spouse financially supports the other during the marriage and the dependent spouse is unable to meet his or her reasonable needs without assistance from the supporting spouse-and the supporting spouse has the means to make payments for support, and an award is fair after considering fault on the part of the spouses.  Determining these facts is highly complex and you should have an attorney advocating for you whether it's through negotiating a separation agreement or taking your case to court.

6. My ex-spouse has not paid alimony or post-separation support. What do I do?

Contact your attorney.  If you have a court order, your ex-spouse can be held in contempt.  If you have a separation agreement that has not been incorporated into your divorce decree, you may have to file a lawsuit for "specific performance."

7. How does child support work? What if he or she doesn't pay?

Non-custodial parents have an obligation to provide support for their children.  North Carolina law provides for child support guidelines that determine the amount by taking into account incomes, the amount of time spent with each parent, and certain other expenses.  You can find a North Carolina Child Support Calculator here. 

If one parent does not pay as ordered, he or she could be held in contempt or possibly criminally responsible.

8. Who will get the house?

It depends.  Sometimes, neither spouse can afford the house they once occupied together.  In other cases, one spouse may get the house while the other one does not.  Many factors go into determining who gets the house, including who has primary custody of the children. 

More complex issues arise in determining what to do with any equity in the house and any property settlement or determination by a court will take that into consideration.

9. What will happen to my retirement accounts?

Usually, retirement accounts, or portions of them, are marital assets subject to property division or equitable distribution.  This process is usually accomplished through a Qualified Domestic Relations Order (QDRO) that will be served on the administrator of the retirement account.  This process is one that your attorney can apply to your specific situation.

10. What is a divorce from bed and board?

A divorce from bed and board is a court-ordered separation that one spouse can obtain for one of the following reasons: adultery, abandonment, cruelty, excessive alcohol use, or other acts that render the innocent spouse's condition intolerable.  A divorce from bed and board accomplishes two goals: it evicts one spouse from the home and also cuts off the guilty spouse from inheriting from the innocent spouse in the event of death.

11. What is a Domestic Violence Protective Order?

A domestic violence protective order is a court order pursuant to Chapter 50-B of the North Carolina General Statutes.  It usually is the product of an expedited process that began with an ex parte hearing, followed by a "ten-day hearing" shortly thereafter.  If the court finds that the defendant committed an act of domestic violence against the plaintiff, the court will enter an order and it has broad authority in what it can enter.  These orders usually include provisions that prohibit contact with the plaintiff, award possession of the residence or car to one of the parties, prohibits the defendant from possessing a firearm, among others.  These orders also can grant one party temporary custody of the parties' children.

If you are a victim of domestic violence or have been served with a domestic violence protective order, it is vitally important that you take action quickly.  Contact Alan M. Roughton to find out what you need to do protect your rights.

12. Will I have to take my divorce to court?

Strictly speaking, yes.  Only a court can grant an absolute divorce.  Issues related to child custody, child support, property division and alimony can be settled out of court or can be taken to court for judicial determination. 

13. Do I need a lawyer?

No, you have a right to represent yourself.  In most cases, however, it is best to have someone working for you who knows the law, knows the courts and is not emotionally connected to your case.  Particularly with property issues, having a knowledgeable attorney can save you many thousands of dollars over many years.

14. How can I keep costs down in my divorce?

The key to keeping costs down is keeping emotions in check and when you want to take a particular course of action-ask yourself why you want to take that action.  Alan M. Roughton's goal is to provide cost-effective legal representation and you can further that goal by gathering as many documents related to your case as possible.  These include deeds, credit card statements, pay stubs, mortgage statements, tuition statements for any children in private school, etc.

It is also important to take time to clarify your goals.  At the outset, ask yourself what your life will look like after your divorce is finished.  If you have a defined goal, you and your attorney can more effectively create a strategy to achieve your goals and avoid unnecessary actions.  If your goals are undefined, your strategy will constantly change-which takes additional time and costs additional money.

15. Can I change my current child custody arrangement?

It depends on several things.  If your current arrangement is the product of a court order, you will have to file a motion in the court that entered the original order.  You will have to show a substantial change in circumstances affecting the child involved and that a change would be in the best interests of the child.  This is a difficult standard to meet. 

If your custody arrangement is the product of a separation agreement, you and your attorney may be able to negotiate an amended separation agreement.  If your agreement, however, was incorporated into your divorce decree it is treated the same as a custody order and you will have to go back to court and seek a modification.  If your agreement is not incorporated into your decree and you are unable to reach an amended agreement, you may have to file a new custody lawsuit.

The Law Office of Alan M. Roughton, PLLC
155 M. Market St., Suite 219
P.O. Box 454
Washington, NC 27889
(252)-940-1300
Fax: (252)-946-5800
alanr@amr-law.com

Alan M. Roughton proudly represents clients in their family law cases in Pitt, Beaufort, Martin, Washington, Tyrrell, and Hyde Counties.