Family Law Blog

The Coggin Law Family Law Blog covers issues of divorce, separation and child custody in North Carolina.

The Basics of Legal Separation in North Carolina

Legal Separation

In the state of North Carolina, you are "legally separated" when you and your spouse begin living in separate residences (not upstairs and downstairs, but separate addresses), and it is the intent of you or your spouse to be separated. This is important in North Carolina because this state requires that you be legally separated for one year and one day before you can obtain a Judgment of Absolute Divorce. Keep in mind, you can still proceed with a private agreement for separation (which also may include alimony, child support and child custody) during the one-year waiting period.

There are two types of divorce in North Carolina: Absolute Divorce and Divorce from Bed and Board

More details on legal separation... visit this page of CogginLaw.com (click here)

The Basics of Child Custody in North Carolina

Child Custody

In North Carolina, child custody is often settled by a voluntary agreement between the parents in the form of a parenting agreement, or some other private contract. There are only a small percentage of child custody disputes which are decided in the courtroom.

If your case is decided in court, the judge will consider a variety of factors in determining who will serve as the custodial parent, and which parent is the noncustodial parent. Most importantly, the judge will base his or her decision on what is in the best interests of the child. The court must follow the North Carolina Child Support Guidelines unless there are factors requiring deviation from the guidelines.

For more details on child custody you can visit this page of CogginLaw.com (click here)

Also feel free to contact us for a consultation!