Not always. If you and your co-parent are in agreement about the kids and have a friendly, no-conflict relationship, then you do not need a custody order. However, this is not always the case between separating parents, and when there is tension and disagreement, it actually creates more calm and stability once you have everything spelled out and in an Order. An Order is different from a separation agreement, because it is enforceable by the contempt powers of the court, so the stakes are higher if one or both of you is not complying by its terms.

No. Both parents have equal Constitutional rights to be parents, and while there is a misconception that the court leans one way or the other based on gender roles, this is not true. A preference for young children being with their moms over dads (called the "Tender Years Doctrine") originated in the 19th century, and was overruled by the NC legislature in 1977 in favor of the "best interests" doctrine.

Child support is not a punishment to either parent, it is a duty owed by each parent, whether being paid daily by the primary custodial parent (in food, diapers, transport etc.) or by the non-custodial parent to help pay for the child's expenses. It is based on income of both parties, how much time the child spends with each parent. It is the child's right to be supported by both of you, so helping your child through your other parent is a good thing. However, child support and custody are completely different court actions, and a parent is not permitted to withhold visitations for non-payment of child support, or vice versa.

Sole custody is a complicated concept, and the answer depends on a variety of different factors. As stated above, both parents have equal parental rights in their child/children, and in order to curtail, limit or remove those rights, the other parent must have behaved in ways that are inconsistent with his or her rights. This can take shape in a multitude of ways, but it is important to start from the understanding that you BOTH made this child, and will be in each other's lives forever now, even if not as a couple, so hoping that you can simply "get" sole custody because it would make life easier for you is not a great starting place.

Most likely, never. Family law cases, especially custody, are not meant to be litigated, as lawmakers state clearly that fighting over children in court is against public policy. This is why you are ordered to attend mediation first, in the hopes that you won't go to Court. The framework of the process is designed to help you get to a resolution that is best for your children, with a Judge and a hearing available as a fallback if you are not able to agree.

We do offer payment plans for immigration cases, but all family law cases (with the exception of Absolute Divorce), are billed on an hourly basis against an advanced retainer.

Yes. Because we bill hourly for family law cases, we can easily use a great deal of your retainer money on back and forth communication and questions from you. We do have a messaging portal for you to reach out to us confidentially when sometime arises, but keep in mind that reviewing and answering these messages is billable against your retainer. The best way to keep costs down is to save up your questions and then book a time with your attorney for a 15 minute phone call. We will always keep you updated on any developments so you do not need to call (and get billed) for case updates.

Family law cases average between $5000-$15,000 depending on the complexity of the matter and how well you are able to negotiate and come to an agreement with the opposing party. We require a retainer of $5000 to start on your case, and if it gets resolved and there is still money in your retainer, that remainder goes back to you.

If you have already been living separately from your spouse for more than one year and at least one of you is a North Carolina resident, then you can file anytime. But if you are still living together, one of you will need to move out. In North Carolina, parties must be physically separated for one year before one can file for divorce. This does not mean sleeping in separate bedrooms, but actually living under different roofs. You need to have separate utilities, separate addresses, etc.

There is no paperwork in NC that needs to be filed in order to establish your separation, but you do need to begin living apart to be considered separated.

If you have marital property (purchased during the marriage), then those rights do not suddenly switch over into the person who happens to stay there. You will have a whole year to work out the details of how to divide up any equity and belongings in the house, and it is not considered "abandoning" the house if one of you moves out. (Otherwise nobody would ever be able to separate!)

Yes, as long as you can find a current address for him or her so that papers can be properly served. Absolute divorce on NC does not require that both parties agree to the divorce, so the other party doesn't need to sign anything, he or she simply needs to be served with the documents according to NC rules of civil procedure. If he or she is in the home country, then you must have at least 6 months of residence (this is not an immigration term, it just means that you have been physically present) in North Carolina.

No. You are still married if you have never gotten a divorce either here or in your home country. If you were to get married without divorcing your prior spouse, then your second marriage will be void.