Common Family Law Questions for North Carolina Residents
Family law can be complex and overwhelming, and it’s not uncommon for residents in North Carolina to have questions about marriage, divorce, child custody, child support, inheritance, and estate planning.
Here, our team at Van Camp, Meacham & Newman addresses some of the most frequently asked family law questions to help you better understand your rights and responsibilities.
Table of Contents
Common Marriage and Divorce Questions for NC Residents
Common Prenuptial Questions for NC Residents
Are prenups affordable?
Yes, prenuptial agreements are generally affordable, especially compared to the potential cost of litigation during a divorce. The cost varies based on the complexity of the agreement and attorney fees, usually starting at around $800 for an attorney to draft the document.
Can I get a prenup in another state and get married in NC?
Yes, you can create a prenuptial agreement in another state and marry in North Carolina. However, the agreement must comply with North Carolina’s laws to be enforceable.
Common Child Custody Questions for NC Residents
What is the standard for deciding child custody in North Carolina?
North Carolina courts prioritize the best interests of the child, considering factors like the child’s health, safety, and emotional well-being.
What are the custody laws for unmarried parents in NC?
Unmarried parents have equal rights to custody. However, legal paternity must be established for the father to seek custody or visitation.
Common Child Support Questions for NC Residents
What are the child support rules in North Carolina?
Child support is calculated using North Carolina’s Child Support Guidelines based on parents’ incomes, custody arrangements, and the child’s needs. In rare cases, a judge might order a different amount if it is determined that the amount set out in the guidelines is insufficient.
Some online calculators can help parents get an idea of the amount of child support they will be expected to pay.
What percentage does North Carolina take for child support?
North Carolina doesn’t use a set percentage. Instead, it uses an income-shares model to determine the appropriate support amount.
How does child support work if one parent has no job?
If a parent is unemployed, the court may impute income based on their earning potential or past employment history to calculate child support. This depends on whether the unemployed or underemployed spouse has become that way voluntarily or involuntarily, which the court can take a closer look at in individual circumstances.
Common Inheritance Questions for NC Residents
What is the order of inheritance without a will in North Carolina?
If someone dies without a will, the estate is handled by North Carolina’s probate law administrators. This means assets are distributed according to intestate succession laws—laws applying to those who pass away without a will—prioritizing spouses, children, parents, and siblings.
The exact order and allocation will depend on factors like the amount of children the deceased leaves behind, whether or not they were married, whether or not they have siblings or surviving parents, and the value of the assets themselves.
What happens if someone passes without leaving a will?
The estate enters intestate probate, where the court determines heirs and oversees distribution.
What is the heirs property law in NC?
Heirs’ property laws address jointly owned property passed down without a will, often requiring unanimous agreement among heirs for decisions.
How much can you inherit without being taxed in NC?
North Carolina does not have an inheritance or estate tax, but federal estate tax applies to estates exceeding $12.92 million (as of 2023).
Does a spouse inherit everything in NC?
A spouse may inherit all or part of the estate, depending on whether there are children, parents, or other close relatives.
Common Estate Planning Questions for NC Residents
Can an out-of-state will apply to my property located in NC?
Yes, an out-of-state will is generally valid in North Carolina, provided it meets the legal requirements of the state where it was created.
What is an estate planning questionnaire?
An estate planning questionnaire is a document that helps you organize your assets, debts, and goals for creating a comprehensive estate plan.
What is probate?
Probate is the legal process of validating a will and distributing a deceased person’s assets according to their wishes or state law.
Do I need a will in North Carolina?
Yes, having a will ensures your assets are distributed according to your wishes and can simplify the probate process for your loved ones.
Contact Our Pinehurst Family Lawyers Today
If you have more questions about family law in North Carolina or need personalized legal guidance, contact Van Camp, Meacham & Newman. Our experienced family law attorneys are here to help you navigate these important decisions with confidence.
