FAQ

A QDRO, pronounced “quadro,” is an abbreviation for “qualified domestic relations order.” If you are entitled to receive a portion of your former spouse’s retirement assets, obtaining this court-approved order is one of the first steps you will have to take to access funds. Retirement plan administrators require this decree before they will pay out benefits to individuals who do not own the account.

It is vital to work with an attorney who understands QDROs because plan administrators do not accept the same form. Failing to provide the necessary information may limit the amount of money you receive and delay your payment.

If you or your employer made contributions to your retirement plan while you were married, your spouse is entitled to a portion of that money even if the account is in your name only. This is also true for military retirements.

You may see your family home as the prize of your property division agreement; however, acquiring this property may negatively affect your finances. Before you take sole ownership, you should consider the financial implications of owning and maintaining a home without two incomes. You may have a sentimental attachment to your family home, but do you have the resources to pay your mortgage, utilities and repair fees?

When you are transitioning to a new stage in your life, your ability to succeed may be hampered by your financial obligations. An experienced attorney can help you determine if fighting over your house is a battle you want to wage.

North Carolina divorce laws require spouses to live in separate residences for a year and a day before they can divorce. If your spouse will not move out of your home, it will be up to you to move. This step is necessary even if you owned your home before you married, making this separate property.

Vacating your home does not mean that you give up your right to the house. The court can still grant you the home in your property settlement.

If you did not add your spouse’s name to the deed, changing ownership of the house during the marriage, the house will remain your separate property if you divorce.

During your marriage, if you contributed marital funds to pay your mortgage or remodel your home, your spouse may be entitled to be reimbursed for those contributions.

Marital property refers to assets and debts that you and your spouse acquire during your marriage. If you and your spouse have purchased a house and are both named on the deed, this is marital property. In addition, income you and your spouse earn over the course of your marriage is considered marital property

Possessions that you owned before you married are considered separate property as are inherited assets and gifts.

Determining which property is jointly owned and which is individually owned can become difficult when ownership is not easily defined. A qualified divorce lawyer knows how to analyze assets and property so that your interests are protected throughout this process.

It is risky to rely on a judge’s order to divide assets and property. Using the court to resolve your dispute removes your control over the outcome and gives that control to the judge. What the judge sees as an equitable or fair distribution may not seem fair to you.

Finding solutions outside the court, through negotiation, can help you retain more control over the process, keep your conflict private and save you money. Working with an attorney can help you navigate this process, inform you of options that may affect the terms of the property division agreement and help negotiate a fair agreement.

Grandparents should not be left out of the picture in the wake of a divorce. If you are a grandparent with concerns about your role in your grandchild’s life, we can help you explore your options.

Relocation can be difficult. If your ex objects to the relocation, you will have to prove to a judge that this move is in the best interests of the child. Judges have a great deal of discretion in child custody matters, and no one can guarantee that your judge will allow you to move. Hiring a lawyer who is familiar with the previous rulings of area judges can help you establish an argument that supports their interpretation of North Carolina’s relocation guidelines.

If you believe that your former spouse has a substance abuse problem, is abusing your children or is engaging in other activities that may harm your children, you can file a petition for an emergency custody modification. Depending on the circumstances, law enforcement and/or the Department of Social Services should also be contacted.

Yes. While you and your former spouse may agree to adapt your parenting duties to suit a new schedule, any agreement you make is not enforceable. If your spouse decides to ignore these revisions, the court order is still binding.

North Carolina courts allow parents to petition to change or enforce existing custody orders. When life-changing circumstances arise, the terms of a custody order can be modified to serve the best interests of the child. These circumstances may include a decline in the parent-child relationship, a change in a parent’s work schedule, a relocation or unsafe living conditions.

North Carolina laws require parents to participate in mediation before they can litigate permanent child custody matters. You will meet with a third-party mediator who is not a lawyer.

You should have an attorney review your custody agreement before you sign it. Retaining an attorney to spot problematic conditions in your custody arrangement can save you time and money down the road.

Yes, it can. For the most part, two worksheets for calculating child support are used: worksheet A — sole custody and worksheet B — shared custody. If you have custody for your child for 123 or more overnights in year, you will use worksheet B, which will result in lower child support payments than worksheet A.

No. The courts believe both parents should be a part of their child’s life. The courts study each family’s circumstances before ruling on custody arrangements. In certain situations, such as with military families, a service member’s military obligations may affect his or her ability to care for a child. If deployment is a possibility, judges will take that into account.

At Hardin Law Firm PLLC, we can help you understand your parenting rights so you know what is possible and what is realistic in terms of custody and visitation.

You can obtain a divorce in North Carolina by completing forms that are available online. However, while you can save the expense of hiring a divorce lawyer, a do-it-yourself divorce can be costly in other ways now and later. For example, fixing a problem in a settlement or court order is far more expensive than doing it right the first time.

Without a lawyer’s advice, you might not know what you are entitled to have in your property settlement. In addition, if your child custody agreement has not been appropriately incorporated into your divorce degree, you may not be able to modify it later.

If your former spouse remarries or cohabits with another adult, you will no longer be responsible for paying alimony. For adults to cohabit, they must display characteristics similar to those of a married couple. Some of these aspects include sharing financial responsibilities and residence. The relationship need not be sexual.

It is up to the family court’s discretion to determine whether one spouse has to pay support to the other and the amount of these payments. In the past, husbands were often the primary wage earners in the household. Today, this is not always the case. If the wife supports the husband, she may be responsible for providing alimony payments.

Since the court uses no set formula to establish spousal support obligations, it is vital to work with a Fayetteville attorney familiar with how area judges have ruled in similar cases. Using this legal insight, your lawyer can tailor a persuasive case for the presiding judge and anticipate arguments opposing counsel may make.

Preparing for an initial consultation can help you receive the most benefit from your time with a divorce attorney. Before your meeting, write down any questions you have about the legal process, the attorney’s background, or legal fees. Don’t rely on your memory to provide a specific list of questions on the spot.

If you have prior orders or have been served with court documents, bring those to the consultation. In addition, provide any legal documents that may support your case or set restrictions on terms you can request. Your divorce lawyer in Fayetteville must read this contract if you have signed a pre- or postnuptial agreement.

Parents in NC are ordered to mediate custody disputes before they can litigate matters in court. North Carolina also requires parties to meet with a mediator for property division issues.

If a child custody or property agreement cannot be reached using mediation, estranged spouses can argue their case in family court.

The date of separation is not at issue in an uncontested divorce. However, if one party does not respond to a divorce petition, the spouse who filed the petition may take appropriate steps to terminate the divorce.

If your spouse has lived in North Carolina for at least six months and you have lived in separate residences for over a year, you may file for divorce in the state.

North Carolina is an equitable distribution state, which means marital possessions are divided in a way that is fair. This often means 50-50, but a judge could determine that a different percentage is fair.

Matters can become complex because a range of factors is considered when determining which spouse receives what. Factors that may affect the outcome of property division negotiations include length of marriage, each spouse’s income and each spouse’s contribution to the family’s success, among other aspects. Since each family’s circumstances are different, how property and assets are divided may vary according to the situation.

North Carolina judges are guided by the “best interest of the child” standard when they assign parental responsibilities. Many factors determine whether a custody agreement supports children affected by divorce and eases the transition to life after divorce. Judges often consider the status quo of the child. Judges may take these points, among others, into consideration:

1. Does the agreement encourage stability in the child’s life?
2. Will the agreement promote the child’s physical, emotional, mental and educational needs?
3. Does the custodial parent have a history of substance abuse or domestic violence?
4. Will the custody agreement foster a network of support for the child?

Before you can divorce, you and your spouse must live apart for one year in NC. This means that you must live in two separate homes or apartments. The courts do not recognize living arrangements in which one spouse sleeps on a couch or lives in a different room.

While you will not need to file a legal separation agreement with the court, it is helpful to talk with a qualified divorce attorney to determine what living arrangements qualify as living separately and which do not. Taking this step can help you avoid making a mistake that can “start the clock over” and delay the divorce process.

A married couple in NC must fulfill specific requirements before beginning divorce procedures. First, they must live in separate households for 12 months and one day. In addition, one spouse needs to live in North Carolina for at least six months before filing. After this time has passed, they can apply for absolute divorce, which severs the marriage bond.

Before the divorce can be finalized, terms for property division, child custody, child support, and alimony must be approved.