FAQs

Lisa Speer

How do I get a legal separation? There is technically no such thing as a “legal separation” in North Carolina. You are legally separated when at least one spouse has left the residence with the intent to live separate and apart and to cease the marital relationship. If you require legal documents demonstrating your separation prior to divorce, the law …

Domestic Violence

Lisa Speer

What is domestic violence? North Carolina law defines domestic abuse as attempting to cause or intentionally causing bodily injury. Domestic violence can also involve placing a person in fear of imminent serious bodily injury or harassment that causes substantial emotional distress. Additionally, these acts must be perpetrated by someone who meets a certain relationship standard, defined by the statutes as: …

Divorce

Lisa Speer

While North Carolina is a no-fault divorce state, it does have a separation requirement. The spouses must live separately for twelve months, with the intention to do so permanently prior to filing an action for divorce. During the separation period, and before the divorce can be finalized, the divorcing spouses must raise all legal issues that involve alimony or property …

Contempt & Enforcement

Lisa Speer

When a judge signs an order, it is enforceable through the contempt powers of the court.  To establish a party subject to the order is in contempt of court, the party filing the contempt motion must show that: The order is still in effect; The purpose of the order can still be served by compliance with the order; The failure …

Collaborative Divorce

Lisa Speer

For many people, the divorce process can seem far too adversarial and contentious. While the traditional method of divorce works for many, others find it destructive and too damaging when they must stay in contact with their former spouse or simply don’t want such a harsh environment to dissolve their marriage. This makes collaborative divorce a very attractive option. In …

Child Support

Lisa Speer

Every state has Child Support Guidelines that provide a formula for calculating the amount of child support to be paid when two parents no longer raise their child(ren) in the same household. When calculating child support, the following factors may come into play: The number of children from your current relationship The number of children from a previous relationship Any …

Child Custody

Lisa Speer

All too often, spouses have disagreements about custody, visitation, and other matters that can affect the welfare of their children. Many people do not understand how much their actions can affect their parental rights if the matter ends up being decided by a judge. It is not uncommon for people to make critical errors that adversely affect their position in …

Mediation

foureyes

Mediation In North Carolina, some type of alternative dispute resolution is required in almost all custody cases and all equitable distribution cases before the court will set a final hearing date. The most common kind of alternative dispute resolution is mediation.  Even without a court requirement, it is also common for the parties to attempt to resolve their issues with …

Alimony & Spousal Support

foureyes

Alimony is payable by a “supporting spouse” to a “dependent spouse” and may be payable until remarriage, death, cohabitation, or for a specified period. Whether spousal support will be paid, how much will be payable, and for how long it will be paid are typically contentious issues. Alimony is the term used for the support after divorce.  Post separation support …