Horack Talley

Family Law F.A.Q.

The following are some of the most frequently asked questions in family law and our answers:

How much will it cost?
The actual cost of the case depends on many factors, including whether or not there is litigation, the number of disputed claims, and the amount of time involved. Some of these factors are beyond our control. We ask clients to sign a written fee agreement and pay an initial deposit before we begin working on a case. We will discuss fees at the initial consultation.
Is it necessary or helpful to bring paperwork to my initial consultation?
It is not necessary; however, it is helpful to bring a general outline which identifies your assets and liabilities (as to the best of your knowledge), or any court documents that have been received.
I suspect my spouse is being unfaithful. Should I confront him/her with that information prior to coming in for a consultation?
You should wait and discuss the issue with your attorney before confronting your spouse about infidelity.
When can I get divorced?
In North Carolina, you must be separated continuously for at least 365 days before you file for divorce. In order to be separated, the spouses must be living in different residences with the intent to live separate and apart.
When can I begin dating?
This issue should be discussed with your attorney.
Can I withhold visitation if my child support is not paid?
No, you cannot. Under North Carolina law, child support and visitation are independent claims which are not connected to each other. If the visiting parent does not pay child support, the custodial parent is not entitled to withhold visitation. Likewise, if the custodial parent denies visitation to the visiting parent, the visiting parent must still pay child support. There are other remedies under the law to properly address these issues.
Will I get Custody?
If you and the other parent agree on a custodial arrangement for your children, an agreement can be drafted to that effect. If your case involves litigation, you will be required to participate in child custody mediation before having a trial in an effort to resolve custody by agreement. If you are unable to resolve custody issues in mediation, a court will resolve the issue for you. A judges' decision is based on what he or she believes is in the child's best interest. In almost all cases, the parent not being awarded custody will be awarded periods of visitation with the child. In some cases the Judge can award joint custody to the parties.
How is child support determined?
In most cases, child support is calculated based upon the North Carolina Child Support Guidelines which take into account the following:
- Both parties’ gross monthly income;
- The monthly costs of work-related child care; and
- The monthly costs of health, dental and eye insurance for the benefit of the minor children.
Am I entitled to alimony?
To be entitled to alimony, the claimant must be a “dependent spouse” and the other spouse must be a “supporting spouse." A dependent spouse is someone who is actually substantially dependent upon the other spouse for his or her support and maintenance, or who is substantially in need of maintenance and support from the other spouse. There are a number of factors the Court considers in determining whether to award alimony, how much the award will be and how long it will be paid.
How will our property be divided?
In North Carolina, there is a presumption that equitable distribution is a division of marital assets and debts between the parties on a fifty-fifty basis. This does not mean that each asset is divided in half. It means only that the total value of assets and debts distributed to one party is approximately equal to the total value of assets and debts distributed to the other party. The Court may distribute the property in an unequal fashion by giving one party more than half of the total net value of the assets if it finds that the circumstances justify that result. There are a number of statutory factors which the Court may consider in deciding whether the property division will be equal or unequal.
What should I do if my spouse is violent?
Immediately call 911. Ask the police for assistance. Once you are safe, contact the Victims Assistance office in your area. They will instruct you on how to file a Domestic Violence Complaint and obtain a Domestic Violence Protective Order.

DISCLAIMER: THE FOREGOING IS ONLY A PARTIAL SUMMARY OF INFORMATION WHICH IS RESPONSIVE TO THESE QUESTIONS. IT IS NOT INTENDED AS LEGAL ADVICE.