Forest City Family & Divorce Lawyers

Each year in the United States, there are nearly 750,000 couples who file for divorce. For those who live in North Carolina, the year of separation leading up to the legal dissolution of a marriage can be as emotionally trying as the divorce itself. While divorce requires legal assistance, separation does not need to be documented to be considered valid.

Some couples choose to create separation agreements, which outline certain processes such as alimony payments, child support, custody, property division, assets, and much more. These agreements are not necessary or required by a court, but they can make the divorce process much more amicable if both parties have an opportunity to express their requirements and individual needs.

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Spousal support, also known as alimony, is a continuous or one-time payment made during a divorce from one separating partner to another. To determine the amount being paid in the alimony, the court will review certain documentation such as individual income, earning capacity, need, and other related factors that may affect how much the separating partner receives.

Different factors contribute to a court’s decision on whether to award alimony to either partner. The court will review whether there has been misconduct from either spouse, the length of the marriage, as well as other economic and social factors that can impact how alimony is awarded. Cases that involve a spouse who engaged in extramarital affairs or illicit sexual behavior will likely not result in alimony to that partner.

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You may be familiar with the concept of a “prenup,” also known as a prenuptial agreement. This is a formal contract, created between two spouses, that outlines the responsibilities and marital rights of the couple. It can also outline directions for divisions of assets upon divorce or death.

Although many couples choose to go with prenuptial agreements, these guidelines can still be drafted after the wedding and are referred to as “postnuptial agreements.” In the United States, premarital agreements only go into effect once the couple has been legally married. In the event that the contract was signed by both parties prior to the wedding and the ceremony is called off, the prenuptial agreement is considered null and void.

For residents in Forest City, North Carolina, there are provisions of state law that can impact premarital agreements. The Uniform Premarital Agreement Act in North Carolina dictates that, for a prenuptial agreement to be valid, it must be written and signed by both parties. After the couple has endorsed the document, courts in North Carolina can enforce the agreement.

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Cases involving child support are often complicated and require delicate handling from an experienced family lawyer. The goal of any circumstance involving child support is to ensure that the child receives financial assistance from the absent parent. Child support payments may supplement the costs of necessities such as food, medical appointments, educational material, and more.

Some couples who dissolve their marriage choose to forgo a request for financial support during court proceedings related to child custody to speed up the process, but it is essential to remember that child support payments aim to improve the child’s quality of life, and not as a bartering tool or punishment for either parent.

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If a parent in Forest City, North Carolina fails to provide child support payments for more than a year, they run the risk of potential termination of their parental rights. When this happens, an order goes into effect which dissolves the rights and obligations of the parent in question. There are a variety of reasons why a parent may seek termination of parental rights for their partner, spouse, or co-parent, such as:

• Child abuse
• Child neglect
• Abandoning a child to foster care
• Failure to pay child support
• Failure to establish paternity
• Lack of ability to care for a child

Once parental rights have been terminated, they cannot be reinstated by the court unless the child or the lawyer who represents them pursues a case to assimilate that parent back into their lives. Reinstatement of parental rights also includes the reintroduction of the responsibilities and rights of that parent.

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