In North Carolina, the divorce process involves several steps, and the length of time it takes depends on the complexity of your case and the specific circumstances. Here’s a detailed look at what you can expect during the divorce process in North Carolina:

Meeting the Residency Requirement  

To file for divorce in North Carolina, at least one spouse must have lived in the state for a minimum of six months before filing. This residency requirement ensures that the courts have jurisdiction over your case.

Separation Period  

North Carolina law requires that couples live separately for at least one continuous year before filing for divorce. During this separation, both spouses must reside in different homes and intend to remain apart permanently. 

If you reconcile, even temporarily, the clock may reset on your separation period.

Filing for Divorce

Once the one-year separation period is complete, either spouse can file for an absolute divorce. 

The person filing the divorce (the plaintiff) will need to submit a Complaint for Divorce to the court. The complaint outlines the basic details of the marriage, the separation, and the grounds for divorce. 

In North Carolina, the grounds for divorce are usually based on the fact that the spouses have lived separate and apart for one year, making it a “no-fault” divorce state.

Serving the Divorce Papers  

After the complaint is filed, the plaintiff must serve the other spouse (the defendant) with divorce papers. This can be done by certified mail, sheriff’s service, or a process server. The defendant has 30 days to respond to the complaint. 

If the defendant does not respond, the case can proceed as an uncontested divorce.

Resolving Other Issues

If there are no disputes over property division, child custody, or spousal support, the divorce process can move quickly. However, if there are contested issues, those must be resolved either through negotiation, mediation, or a court hearing. 

North Carolina courts require that couples resolve these issues before the final divorce can be granted. This can add time to the process, especially if the case is complex.

For example, in property division, North Carolina follows the principle of equitable distribution. This means that the court will divide marital property in a way it considers fair, which may not always be an equal split. 

The process of determining what is marital versus separate property and how to fairly divide it can take time.

The Final Divorce Hearing  

If your divorce is uncontested, meaning both parties agree to the terms or the defendant does not respond, the divorce can proceed relatively quickly. Once all required paperwork is in order, a hearing will be scheduled. 

The plaintiff or their attorney will need to attend, but in some cases, the defendant may not need to be present. The judge will review the case and, if everything is in order, issue a divorce decree.

If you’re considering divorce or have questions about your situation, call Devan & Null PLLC at 910-486-6855 to schedule a consultation. We’re here to help you take the first step toward resolving your legal issues.

The minimum time for a divorce in North Carolina is typically around 45 days after the complaint is filed, but this assumes the divorce is uncontested and that there are no additional issues like property division or child custody still unresolved.

For more complex divorces, or if the defendant contests the divorce or related issues, the process can take several months or even years.

Finding Guidance in a Separation and Divorce in Fayetteville

When you work with Devan & Null, you can expect thorough guidance through each step of the divorce process. 

We help you navigate everything from filing the initial paperwork to resolving more complex matters like property distribution, child custody, and spousal support. 

Our goal is to make the process as painless as possible while ensuring that your rights and interests are fully protected.

If you’re considering divorce or have questions about your situation, call Devan & Null PLLC at 910-486-6855 to schedule a consultation. We’re here to help you take the first step toward resolving your legal issues.

In North Carolina, child custody cases are governed by a set of principles that prioritize the best interests of the child. When parents cannot come to an agreement on their own, the court steps in to make custody decisions based on several important factors. 

Here’s an in-depth look at how the child custody process works in North Carolina and what the courts consider in making their decisions.

Understanding Types of Custody in North Carolina

Before diving into the factors the court considers, it’s important to understand the two primary types of custody in North Carolina:

• Legal Custody: This refers to the right to make important decisions about a child’s life, such as their education, medical care, and religious upbringing. Legal custody can be joint (shared by both parents) or sole (granted to one parent).
• Physical Custody: This refers to where the child lives on a day-to-day basis. Like legal custody, physical custody can be joint or sole.

The court’s goal is to make a custody arrangement that serves the best interests of the child, which may mean that one parent is awarded sole physical or legal custody, or both parents share custody responsibilities.

Factors the Court Considers in a Child Custody Case

The “best interests of the child” standard is central to North Carolina’s custody laws. In determining what arrangement serves the best interests of the child, the court takes into account the following factors:

The Child’s Safety and Well-Being

The court’s top priority is ensuring the safety and well-being of the child. Any history of domestic violence, substance abuse, neglect, or criminal activity by either parent will be closely examined. The court will not place the child in a situation where their physical, emotional, or mental health is at risk.

The Child’s Relationship With Each Parent

The court looks at the relationship between the child and each parent, evaluating how involved each parent has been in the child’s life. This includes factors like who has been the primary caregiver, how much time each parent has spent with the child, and the emotional bond between parent and child.

Each Parent’s Ability to Provide a Stable Environment

Stability is crucial in child custody cases. The court will consider each parent’s ability to provide a stable home environment, including factors like:

• The parent’s living situation (e.g., stable housing, neighborhood safety)
• The parent’s financial situation (e.g., ability to provide for the child’s needs)
• The parent’s employment schedule (e.g., ability to be present for the child)

The Child’s Preferences (If Appropriate)

In some cases, the court may take into account the child’s own preferences about which parent they would like to live with, particularly if the child is older and mature enough to express a reasoned preference. 

While this is not the sole deciding factor, it can influence the court’s decision.

The Ability to Cooperate and Co-Parent

The court prefers arrangements where both parents can work together in the best interests of the child. If one parent is more willing to cooperate and foster a positive co-parenting relationship, the court may favor them. 

On the other hand, a parent who attempts to alienate the child from the other parent may be at a disadvantage in custody decisions.

The Child’s Needs

Every child’s needs are different, and the court considers the unique needs of the child in making its decision. This includes any special educational, medical, or emotional needs the child may have and which parent is better equipped to meet those needs.

The Custody Process in North Carolina

Here is a general overview of how child custody cases are handled in North Carolina:

Step 1: Filing for Custody

Either parent can file a custody action with the court, typically as part of a broader divorce or separation case. The filing parent must complete and submit the appropriate forms to initiate the process. If custody is being contested, the other parent will have the opportunity to respond.

Step 2: Mediation

North Carolina courts require parents to attend mandatory mediation before a contested custody case can proceed. During mediation, both parents will work with a neutral mediator to try to come to a mutually agreeable custody arrangement. 

If mediation is successful, the agreed-upon arrangement will be submitted to the court for approval.

Step 3: Court Hearing

If mediation is unsuccessful, the case will proceed to a court hearing, where a judge will evaluate the evidence and make a decision on custody. Both parents will have the opportunity to present their case, including any relevant testimony, evidence, or witnesses.

Step 4: Custody Order

After the hearing, the judge will issue a custody order outlining the custody arrangement, including who has legal and physical custody, as well as the visitation schedule for the non-custodial parent. This order is legally binding and must be followed by both parents.

If you’re considering divorce or have questions about your situation, call Devan & Null PLLC at 910-486-6855 to schedule a consultation. We’re here to help you take the first step toward resolving your legal issues.

The length of the custody process in North Carolina can vary widely depending on the circumstances of the case. If the parents are able to reach an agreement through mediation, the process can be relatively quick—sometimes resolved within a few months. 

However, if the case goes to trial, it can take much longer, especially if there are contested issues or a backlog in the court system.

Finding Solutions With Devan & Null PLLC

When you work with Devan & Null, you’ll receive experienced guidance throughout the entire custody process. 

Attorney Laura Devan has extensive knowledge of North Carolina family law and will work with you to ensure that your child’s best interests are represented in court. Whether you’re seeking joint custody, sole custody, or need help with a complex custody dispute, Devan & Null will be by your side every step of the way.

If you have questions about child custody or need legal assistance, contact Devan & Null PLLC at 910-486-6855 to schedule a consultation. We’re here to help you protect your child’s future and secure the best possible outcome.

Military divorces in North Carolina follow the same general principles as civilian divorces, but there are unique considerations that affect service members and their spouses. These include federal laws, residency issues, and specific concerns like military benefits and deployments. 

If you or your spouse is in the military, understanding how these factors impact the divorce process can help you navigate this complex situation.

Military Divorce Residency Requirements

One of the first challenges in a military divorce is meeting residency requirements. In North Carolina, at least one spouse must have lived in the state for six months before filing for divorce. 

However, military personnel who are stationed in North Carolina are considered residents, even if they maintain legal residency in another state. This means that if you or your spouse is stationed in North Carolina, you can file for divorce in this state, even if you are not originally from here.

Separation Requirement

Just like in civilian divorces, North Carolina law requires that military couples live separately for one year before filing for divorce. 

During this separation period, both spouses must reside in different homes, and one or both parties must have the intent to end the marriage. If a couple reconciles during this period, even temporarily, the separation clock may reset.

Dividing Military Benefits

One of the most significant differences in a military divorce is how military benefits, such as retirement pay and healthcare, are handled. 

Federal law, specifically the Uniformed Services Former Spouses’ Protection Act (USFSPA), governs the division of military retirement benefits in a divorce. Under USFSPA, military retirement pay can be considered marital property and divided by the court if the marriage lasted for at least 10 years while the service member was on active duty. This is known as the “10/10 rule.”

However, even if your marriage does not meet the 10-year requirement, the court may still order the division of retirement benefits as part of the equitable distribution of property. In these cases, the military spouse would be responsible for making direct payments to the former spouse rather than the Defense Finance and Accounting Service (DFAS).

Healthcare benefits can also be affected by divorce. Under the 20/20/20 rule, the former spouse of a military member may continue to receive Tricare benefits if:

• The couple was married for at least 20 years
• The service member served in the military for at least 20 years
• The marriage overlapped with at least 20 years of military service

If the former spouse does not meet the 20/20/20 rule, they may still be eligible for one year of Tricare coverage under the 20/20/15 rule, where the marriage overlapped with at least 15 years of military service.

Child Custody and Military Deployments

Child custody can be particularly complicated in military divorces, especially if one or both parents are deployed or stationed far from the family’s home. North Carolina law requires that child custody arrangements serve the best interests of the child, and courts will take military deployments into account when making these decisions.

If one parent is deployed, the court may grant temporary custody to the non-deployed parent. Once the service member returns from deployment, they can request a modification of the custody arrangement. North Carolina law allows deployed service members to designate a third party (such as a grandparent or another relative) to exercise their visitation rights during their deployment.

Because deployments can make co-parenting challenging, the court will often look for flexible solutions that accommodate the unique demands of military life while ensuring that the child’s best interests are protected.

Spousal Support and Military Pay

When it comes to determining spousal support (alimony), the court will consider the service member’s military pay, including basic pay and allowances, such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS). These allowances are treated as income when calculating spousal support.

The length of the marriage, the needs of the dependent spouse, and the ability of the service member to pay are also taken into account. Spousal support orders must be reasonable and are typically designed to ensure that the non-military spouse has financial support following the divorce.

Service Members’ Civil Relief Act (SCRA)

The Service Members’ Civil Relief Act (SCRA) provides additional protections to active-duty military members during divorce proceedings. This federal law allows service members to request a delay in legal proceedings, including divorce, if their military duties prevent them from participating. 

This is especially important for service members who are deployed or stationed overseas, as it ensures they are not disadvantaged in legal matters due to their military obligations.

Under SCRA, a service member can request a 90-day stay of divorce proceedings, and additional delays can be granted if the court deems it necessary. This protection ensures that military members have adequate time to participate in their divorce case and to make arrangements for their defense if needed.

Finding Answers With Devan & Null PLLC

At Devan & Null PLLC, we have extensive experience handling military divorces and understand the unique challenges that military families face. 

Whether you are a service member or the spouse of a service member, we are here to provide guidance on military benefits, child custody, spousal support, and the overall divorce process.

We take pride in offering personalized legal solutions that prioritize your family’s well-being, and we work closely with you to protect your interests. If you’re facing a military divorce and need experienced legal representation, contact Devan & Null PLLC at 910-486-6855 to schedule a consultation. 

We’re here to help you navigate the complexities of military divorce and achieve the best possible outcome for your family.

In North Carolina, the division of property during a divorce is governed by the principle of “equitable distribution.” This means that marital property is divided in a manner that is fair, though not necessarily equal. 

The process of dividing assets and debts can be one of the most complex and contentious aspects of a divorce, so it’s important to understand how the courts determine what is considered marital property and how it should be divided.

Marital vs. Separate Property

Before dividing property, the court must first classify it as either marital or separate property. This distinction is crucial because only marital property is subject to division, while separate property generally remains with the spouse who owns it.

Marital Property

Marital property includes all assets and debts acquired by either spouse during the marriage, up until the date of separation. This can include:

• The family home
• Bank accounts
• Retirement accounts (such as 401(k)s and pensions)
• Vehicles
• Investments
• Debts incurred during the marriage (such as credit card debt or mortgages)

Even if the title to a particular asset, like a car or a home, is in one spouse’s name, it may still be considered marital property if it was acquired during the marriage. 

Additionally, increases in the value of separate property that occurred during the marriage can be considered marital if both spouses contributed to the increase in value, such as home renovations or shared management of an investment portfolio.

Separate Property

Separate property includes assets and debts that one spouse acquired before the marriage, as well as gifts or inheritances received by one spouse during the marriage. 

For example, if one spouse received an inheritance from a relative during the marriage and kept that money in a separate account, it would generally be considered separate property.

However, if separate property is “commingled” with marital property—such as depositing an inheritance into a joint bank account—it can become marital property and subject to division. 

Keeping separate property clearly distinct from marital property is important if you want to avoid it being divided in the divorce.

Equitable Distribution Process

Once the court has classified all property as either marital or separate, it moves to the equitable distribution phase. Equitable distribution does not necessarily mean an equal 50/50 split of all marital property. Instead, the court looks at several factors to determine what is fair based on the specific circumstances of each case.

Factors the Court Considers in Equitable Distribution

The court considers a variety of factors in determining how to divide marital property, including:

• The length of the marriage: Longer marriages may result in a more equal division of assets, while shorter marriages might result in a more individualized distribution based on each spouse’s contributions.
• Each spouse’s income, property, and liabilities: The court looks at each spouse’s financial situation, including their earning potential, separate property, and any outstanding debts.
• Contributions to the marriage: This includes both financial contributions and non-financial contributions, such as a spouse who stayed home to care for children or contributed to the household in other ways.
• Custodial arrangements: If one spouse will be the primary caregiver for the couple’s children, the court may award them the family home or other assets to ensure the children’s stability.
• Health and age: The health and age of each spouse can influence the division of property, especially if one spouse has greater medical or financial needs due to age or health issues.
• Tax implications: The court considers how the division of property will impact each spouse’s tax obligations.

Based on these and other factors, the court will decide how to fairly divide marital assets and debts between the spouses. 

It’s important to note that if the spouses can reach an agreement on how to divide their property, they can avoid having the court make these decisions. In such cases, a separation agreement can outline the division of assets and may be incorporated into the final divorce decree.

Retirement Accounts and Pension Plans

Retirement accounts, such as 401(k)s, IRAs, and pensions, are often significant marital assets. In North Carolina, these accounts are subject to equitable distribution, but dividing them can be more complicated than dividing other assets. 

Typically, a Qualified Domestic Relations Order (QDRO) is required to divide retirement accounts without triggering tax penalties or early withdrawal fees. A QDRO instructs the plan administrator to pay a portion of the retirement benefits to the other spouse in accordance with the court’s order.

It’s important to understand that retirement accounts are not automatically split down the middle. The court considers several factors, such as the length of the marriage and the contributions each spouse made to the retirement account, before determining how much of the account is marital property.

Debts and Liabilities

Just as marital assets are divided, marital debts are also subject to equitable distribution. This means that debts incurred during the marriage—whether they are credit card debts, mortgages, or loans—will be divided between the spouses. 

However, the court will not necessarily divide the debt equally. Instead, it will look at factors like each spouse’s ability to repay the debt and who benefited from the debt.

For example, if one spouse took out a loan to purchase a car for their own personal use, the court may assign the responsibility for repaying that loan to that spouse. Alternatively, if both spouses benefited from a mortgage, the court may require both parties to share the responsibility of paying off the remaining balance.

If you’re considering divorce or have questions about your situation, call Devan & Null PLLC at 910-486-6855 to schedule a consultation. We’re here to help you take the first step toward resolving your legal issues.

One of the most common concerns during divorce is whether you will be able to keep specific assets, such as the family home, a business, or valuable personal property. The answer depends on the nature of the asset and how it fits into the overall equitable distribution process.

If the asset is marital property, the court will determine how to divide it based on the factors mentioned above. In some cases, one spouse may be awarded a specific asset, such as the family home, but they may have to give up other assets in exchange to ensure an equitable division.

For example, if you want to keep the family home, the court may require you to “buy out” your spouse’s share of the home’s value, either by refinancing the mortgage or giving up a portion of another asset, like a retirement account, to compensate your spouse for their share.

If the asset is separate property, it generally remains with the spouse who owns it, as long as it hasn’t been commingled with marital property.

Finding Solutions With Devan & Null PLLC

At Devan & Null PLLC, we understand how overwhelming the process of dividing property can be. With over 30 years of experience, Attorney Laura Devan will help guide you through the equitable distribution process, ensuring that your rights and interests are protected. 

Whether you’re negotiating a property settlement or litigating complex property issues in court, we are here to provide you with personalized legal solutions.

If you have questions about property division in a divorce, contact Devan & Null PLLC at 910-486-6855 to schedule a consultation. We’re here to help you navigate the challenges of divorce and secure a fair outcome for your financial future.

In North Carolina, prenuptial and postnuptial agreements are legal tools that allow couples to establish certain financial arrangements either before or after they get married. 

These agreements can offer peace of mind and help avoid future disputes about property and finances. Whether you’re preparing to marry or are already married, understanding the benefits of these agreements can help you decide whether they’re right for you.

What Is a Prenuptial Agreement?

A prenuptial agreement (also known as a “prenup”) is a contract entered into by two people before they get married. The agreement outlines how certain financial matters will be handled during the marriage and, if necessary, in the event of a divorce. 

In North Carolina, prenuptial agreements are governed by the Uniform Premarital Agreement Act (UPAA), which establishes rules for the enforceability and content of such agreements.

Prenuptial agreements can address a wide range of issues, including:

• Division of property and assets in the event of a divorce
• Spousal support (alimony) provisions
• Protection of separate property (such as businesses, inheritances, or investments)
• Ownership and division of debts
• How assets will be distributed in the event of death

Prenuptial agreements cannot address child custody or child support, as these matters are determined based on the best interests of the child and current circumstances at the time of the divorce or separation.

What Is a Postnuptial Agreement?

A postnuptial agreement is similar to a prenuptial agreement, but it is entered into after a couple is already married. 

Like a prenup, a postnuptial agreement can cover issues such as the division of assets, spousal support, and the handling of marital property. However, it is drafted after the marriage has already taken place.

Postnuptial agreements can be used by couples who did not sign a prenuptial agreement but later decide they want to establish clear financial arrangements for their marriage. 

These agreements can also be used by couples who have experienced significant changes in their financial situation or relationship and want to modify their marital agreements accordingly.

The Benefits of a Prenuptial Agreement

There are several key benefits to having a prenuptial agreement, especially if you have significant assets or anticipate potential financial disputes in the future.

Protecting Separate Property

One of the primary reasons for a prenuptial agreement is to protect separate property, or assets that belong to one spouse before the marriage. Without a prenuptial agreement, separate property could become subject to division in a divorce, especially if it has been commingled with marital property. 

For example, if you own a business or have significant investments, a prenuptial agreement can help ensure that those assets remain separate in the event of a divorce.

Clarifying Financial Rights and Responsibilities

A prenuptial agreement can clearly outline each spouse’s financial rights and responsibilities during the marriage. This can include decisions about how income will be shared, how debts will be managed, and who will be responsible for certain financial obligations. 

By addressing these issues upfront, couples can avoid misunderstandings and conflicts about money later in the marriage.

Reducing Conflict in the Event of a Divorce

Divorce can be a difficult and emotionally charged process, especially when it comes to dividing assets and debts. 

A prenuptial agreement can streamline the divorce process by providing clear guidelines for how property and finances will be handled. This can reduce the need for contentious litigation and help both parties reach a fair resolution more quickly.

Establishing Spousal Support Terms

A prenuptial agreement can also establish terms for spousal support (alimony) in the event of a divorce. This can be particularly beneficial if one spouse will be giving up a career or income to support the family during the marriage. 

By agreeing on spousal support terms in advance, both parties can avoid uncertainty and disputes about alimony during the divorce process.

Protecting Family Assets or Inheritances

If you have family assets or an inheritance that you want to keep separate from your marital property, a prenuptial agreement can help protect those assets. 

For example, if you expect to inherit real estate or valuable family heirlooms, you can use a prenuptial agreement to ensure that those assets remain with you, regardless of the outcome of your marriage.

The Benefits of a Postnuptial Agreement

While prenuptial agreements are signed before marriage, postnuptial agreements can be just as beneficial, particularly for couples who did not establish financial agreements before their wedding or whose financial situation has changed significantly.

Addressing New Financial Circumstances

Many couples find that their financial situation changes over the course of their marriage. For example, one spouse may receive a large inheritance, start a business, or experience a significant change in income. 

A postnuptial agreement can help address these changes by clarifying how new assets or debts will be handled.

Strengthening a Marriage After Conflict

In some cases, a postnuptial agreement is used to rebuild trust and security in a marriage after a period of conflict or financial disagreement. 

By establishing clear financial boundaries and expectations, a postnuptial agreement can help couples move forward with a greater sense of stability and shared understanding.

Protecting Children From a Previous Marriage

If you or your spouse have children from a previous marriage, a postnuptial agreement can help ensure that those children are financially protected. 

The agreement can specify how certain assets will be distributed in the event of death or divorce, ensuring that children from a previous relationship are not inadvertently disinherited.

Planning for the Future

Like a prenuptial agreement, a postnuptial agreement allows couples to plan for the future and avoid financial disputes. By outlining how property, debts, and spousal support will be handled in the event of divorce, couples can reduce the uncertainty and stress that often accompanies marital breakdown.

Enforcing Prenuptial and Postnuptial Agreements in North Carolina

For a prenuptial or postnuptial agreement to be enforceable in North Carolina, it must meet certain legal requirements. Both parties must voluntarily sign the agreement, and neither spouse can be coerced or pressured into signing. 

Additionally, each party must fully disclose their financial situation, including all assets and debts, before signing the agreement.

If the agreement is found to be unconscionable—meaning it is grossly unfair to one spouse—it may not be enforced by the court. This is why it’s important to work with an experienced attorney to ensure that your prenuptial or postnuptial agreement is fair, legally sound, and properly executed.

Finding Answers With Devan & Null PLLC

At Devan & Null PLLC, we understand the importance of protecting your financial interests, whether you’re preparing to get married or are already married. We offer personalized legal advice and can help you draft a prenuptial or postnuptial agreement that meets your needs and provides peace of mind for your future.

If you’re considering a prenuptial or postnuptial agreement, contact Devan & Null PLLC at 910-486-6855 to schedule a consultation. We help you navigate the process and ensure that your financial rights are protected.