The definition of marital property is found in section 50-20(b)(1) of the North Carolina General Statutes — all real and personal property acquired by either spouse during the course of the marriage Read More »

§ 50-42. Arbitration agreements made valid, irrevocable, and enforceable(a) During, or after marriage, parties may agree in writing to submit to arbitration any controversy, except for the Read More »

The definition of separate property is found in section 50-20(b)(2) of the North Carolina General Statutes — all real and personal property acquired before marriage, or property acquired during the Read More »

§ 50-43. Proceedings to compel or stay arbitration.(a) On a party’s application showing an agreement under G.S. 50-42 and an opposing party’s refusal to arbitrate, the court shall order Read More »

Some property is not, properly speaking, either marital or separate. For example, property acquired after separation does not fall within the statutory definitions of either marital or separate .
Read More »

§ 50‑44. Interim relief and interim measures.(a) In the case of an arbitration where arbitrators have not yet been appointed, or where the Read More »

§ 50-45. Appointment of arbitrators; rules for conducting(a) Unless the parties agree otherwise, a single arbitrator shall be chosen by the parties to arbitrate allmatters in dispute.(b) If the Read More »

“Property” includes both assets and debts. All assets and debts acquired during the marriage, and owned on the date of separation, are valued as of the date of separation in North Carolina Read More »

When and how property is “acquired” is crucial to classification. The cases have developed the view of acquisition as an ongoing, dynamic process of obtaining equity (net value) in an item Read More »

Some property is of dual character, being part marital and part separate. Numerous cases have addressed these distinctions and should be consulted for specific details beyond the scope of this book. Read More »

The court is required to fix the net value of the marital property as of the date of separation, with net value being market value, if any, less the amount of any encumbrances. The net value is thus Read More »

At any time after the separation of the parties, either may file an action for ED, either as a separate action, or together with another action brought pursuant to Chapter 50, or as a motion in the Read More »

Temporary orders and injunctive relief are obtainable under the terms of special statutory provisions that allow for injunctive relief to prevent disappearance, waste or conversion of property Read More »

At any time can a parent change a minor child’s last name without the other parent’s permission?
In North Carolina, a parent may not change the name of a minor child without the consent of Read More »

In most ED actions, the statutes do not permit one party to recover attorney’s fees from the other party. The one small exception to this rule allows the discretionary award of reasonable
Read More »

If custody has to be enforced by civil contempt proceedings, can I receive attorney’s fees?
An order awarding custody is enforceable by civil contempt proceedings and disobedience to a court Read More »

What is the Parental Kidnapping Prevention Act?
The Parental Kidnapping Prevention Act of 1980 (PKPA) adopted by Congress also establishes standards regarding appropriate exercise of jurisdiction over Read More »

What state has jurisdiction in custody matters? What is North Carolina’s Uniform Child Custody Jurisdiction and Enforcement Act?
North Carolina’s Uniform Child Custody Jurisdiction and Read More »

There are various defenses that can be asserted against a claim for equitable distribution including absolute divorce, a prior property settlement, reconciliation, death, and federal law. Read More »

If my case goes to trial, who should my witnesses be?
Recent contact is also important with regard to the witnesses you have testify on your behalf. Witnesses should be chosen on the basis of not only Read More »

Will my child have to speak in court
Your child may not necessarily participate in the proceeding, even though his or her welfare is the focus of the proceeding. This is so because you, the judge and Read More »

§ 50-46. Majority action by arbitrators.The arbitrators’ powers shall be exercised by a majority unless otherwise provided by the arbitration agreement or this Article. (1999-185, s. 1.)

Back to the Top

What does a custody evaluator do?
In the usual case, the custody evaluator interviews the parents, both together and individually, one or more times. The evaluator also observes the child and the Read More »

In addition to bar by absolute divorce obtained without preservation of an ED claim, the other common bar to ED is prior execution of a valid, comprehensive property settlement dividing the Read More »

What is a custody evaluation and when should one be conducted?
In close cases, it may be desirable to have a psychologist evaluate both parties and/or the child. If possible, it is best to have one Read More »

How will I present evidence if custody must be litigated in court?
In preparing for a custody case, be aware that your parenting skills and daily interactions with your children will be thoroughly Read More »

In general, under prior law reconciliation was deemed to void the executory or unperformed provisions of a separation agreement that contained property provisions. The courts now draw a distinction Read More »

What can I do to improve my chances of gaining custody if I have not been a terrific parent in the past?
When embarking on a custody battle, you should also remember that it is never too late to Read More »

§ 50-48. Representation by attorney.A party has the right to be represented by counsel at any proceeding or hearing under this Article. A waiver of representation prior to a proceeding or Read More »

If I have to prepare myself to go to court to determine custody, what should I know?
If you have to litigate custody, your most important allies in court will be all the people who have observed you Read More »

Do the North Carolina Courts favor one parent over the other?
Most custody battles, of course, are not
between one parent and some non-parent relative or third party. Most custody fights are between Read More »

§ 50-49. Witnesses; subpoenas; depositions; court(a) The arbitrators have the power to administer oaths and may issue subpoenas for attendance of witnesses and for production of books, Read More »

Another thing that can affect an ED claim is whether both parties survive. The time of a spouse’s death can make a critical difference in the viability of a pending ED action. The death of a Read More »

Can a parent’s rights to custody be given to other relatives or other people?
A parent’s right to custody. The right of a parent to have custody of his or her minor child is substantial and, Read More »

Can a judge order no visitation or supervised visitation?
It almost never happens in North Carolina that the non-custodial parent is denied any visitation time with a child. If the judge is persuaded, Read More »

What is visitation in North Carolina?
The non-custodial, secondary parent’s time with the child is commonly referred to as visitation. Visitation is viewed in North Carolina as a lesser version Read More »

When does federal law take precedence over state law in terms of equitable distribution? In a limited number of instances, federal law may preempt a State’s right to make a party’s property Read More »

§ 50-51. Award; costs.(a) The award shall be in writing, dated and signed by the arbitrators joining in the award, with a statement of the place where the award was made. Where there is more
Read More »

Who decides a case if it goes to trial?
The trial court’s discretion. A judge, not a jury, hears child custody matters in civil district court. Because the trial judge has the opportunity to see Read More »

§ 50‑52. Change of award by arbitrators.(a) On a party’s application to the arbitrators or, if an application to the court is pending under Read More »

What is the standard that guides the judge’s decision?
Welfare of the child. The dominant principle in all child custody actions, including actions to modify custody, is that custody will be Read More »

According to express statutory provisions, distribution of marital property must be without regard to the issues of alimony and child support.

Back to the Top

§ 50-53. Confirmation of award.Unless the parties agree otherwise, upon a party’s application, the court shall confirm an award, unless within time limits imposed under G.S. 50-54 through Read More »

Can I get a temporary custody order? What is an ex parte order?

Our statutes also authorize a court with appropriate jurisdiction to enter temporary orders providing for the custody and support of children.

Read More »

§ 50-54. Vacating an award.(a) Upon a party’s application, the court shall vacate an award for any of the following reasons: Read More »

What factors does a judge consider if we cannot agree on a custody arrangement and we have to go to court?
If custody goes to court, you should keep this in mind: the focus on the best interests of Read More »

In most instances you can can sell your primary residence without incurring any tax liability. You can make up to $250,000 in profit if you’re a single owner, twice that if you’re married, and not Read More »

When can child custody be filed for or decided? Once child custody is agreed upon or ordered can it be modified?
The timeline for bringing claims or motions for child custody and visitation is long, Read More »

§ 50-55. Modification or correction of award.(a) Upon application made within 90 days after delivery of a copy of an award to an applicant, the court shall modify or correct the award where at
Read More »

In the division of marital property, one of the most frequently overlooked assets is a spouse’s pension or retirement plan. However, this asset can be more valuable than all the others combined. Read More »

Can a separation agreement including custody be incorporated into a divorce decree?
Within a separation agreement, the parties may agree to have the contract incorporated into a later divorce decree Read More »

Why should I have a written agreement about custody?
Of the many issues in domestic law, child custody is perhaps the most emotionally charged. For this reason, it can also become the most expensive Read More »

What rights do grandparents have to custody and visitation in North Carolina?
Please refer to our article on Grandparents’ rights for the answer to this question. Read More »

n order to effectively divide a qualified plan – including pension plans, profit-sharing plans, and 401(k) plans – a Qualified Domestic Relations Order (QDRO) must be entered by the Court. It is not Read More »

Do children get to decide who they will live with?
Wishes of the child. Our North Carolina cases provide that the wishes of a child of “sufficient age to exercise discretion” are Read More »

§ 50-56. Modification of award for alimony, postseparation support, child support, or child custody based on substantial change of circumstances(a) A court or the arbitrators may modify an award
Read More »

What impact could my dating have on child custody?
Your spouse’s discovery of your interest in another woman or man (as the case may be) could unravel a settlement as to custody. The sudden or Read More »

Generally speaking money received as part of the equitable distribution of property incident to a separation is not taxable. If a transfer of property (and money) occurs between spouses within one Read More »

What is joint custody? What is sole custody?
Even where there has been an amicable settlement on the issue of a child’s principal residence, parents can get hung up on terminology. One parent Read More »

Who will get custody of our children?
You and your spouse can decide which of you will have custody of your children. If you are unable to resolve this question, then a court will resolve the issue of Read More »

§ 50‑57. Orders or judgments on award.(a) Upon granting an order confirming, modifying, or correcting an award, an order or judgment shall be Read More »

§ 50-20. Distribution by court of marital and divisible property upon divorce(a) Upon application of a party, the court shall determine what is the marital property and divisible property and Read More »

§ 50-58. Applications to the court.Except as otherwise provided, an application to a court under this Article shall be by motion and shall be heard in the manner and upon notice provided by law
Read More »

The definition of marital property is found in section 50-20(b)(1) of the North Carolina General Statutes — all real and personal property acquired by either spouse during the course of the marriage and before the date of separation, and “presently owned,” except property determined to be separate property in accordance with the statute. Read More »

§ 50‑59. Court; jurisdiction; other definitions.(a) The term “court” means a court of competent jurisdiction of this State. Making an Read More »

§ 50-20.1. Pension and retirement benefits (a) The award of vested pension, retirement, or other deferred compensation benefits may be made Read More »

§ 50-60. Appeals.(a) An appeal may be based on failure to comply with the procedural aspects of this Article. An appeal may be taken from any of the following: Read More »

§ 50-21. Procedures in actions for equitable distribution of property; sanctions for purposeful and prejudicial delay (a) At any time after a husband and wife begin to Read More »

§ 50-61. Article not retroactive.This Article applies to agreements made on or after October 1, 1999, unless parties by separate agreement after that date state that this Article shall apply to Read More »

§ 50-47. Hearing.Unless otherwise provided by the agreement: (1) The arbitrators shall appoint a time and place for the hearing and notify the Read More »

Contempt of Court Statutes Click on a statute title for the full text. Read More »

How should I prepare for a domestic violence trial?
As with any trial, preparation is essential. Despite the shortened time frame in which a domestic violence hearing usually takes place, you and Read More »

§ 50‑62. Construction; uniformity of interpretation.(a) Certain provisions of this Article have been adapted from the Uniform Arbitration Act Read More »

What should be included in the domestic violence complaint?
Fundamentally, the complaint should enumerate the facts and not simply state the result of the domestic violence. The facts of domestic Read More »

How long do domestic violence protective orders last?
Despite this long list of remedies, there are several caveats that you should keep in mind. Protective orders entered pursuant to the statute will Read More »

Can I receive emergency relief without an ex parte order?
Where no ex parte order is entered, the court must set a hearing after providing five days’ notice to the other party or after five days Read More »

§ 50‑41. Purpose; short title. (a) It is the policy of this State to allow, by agreement of all parties, the arbitration of all issues arising Read More »

What is a domestic violence ex parte order?
What is a domestic violence ex parte order? Some judges are reluctant to issue ex parte orders, although in some counties these orders are commonly entered. Read More »

When should I file for emergency relief?
If a victim of domestic violence believes that there is a danger of serious and immediate injury to him or her, that person may file a motion for emergency Read More »

How are domestic violence protective orders enforced?
An action lies for contempt of court should an order pursuant to Chapter 50B be violated. When there has not been a hearing on enforcement, the Read More »