LAWSMITH, The Law Offices of J. Scott Smith, PLLC - Winston-Salem
Lawsmith provides family law legal services for Winston-Salem, NC and surrounding areas. Call to schedule an appointment.Lawsmith provides family law legal services for Winston-Salem, NC and surrounding areas. If you need legal assistance with a divorce, child custody, or other family law related issue, you need an attorney who will fight for you. Call to schedule an appointment.Phone: (336) 564-6660
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Business Operation Hours
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Monday
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8:00 AM to 6:00 PM
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Tuesday
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8:00 AM to
6:00 PM
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Wednesday
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8:00 AM to 6:00 PM
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Thursday
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8:00 AM to 6:00 PM
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Friday
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8:00 AM to 6:00 PM
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Saturday
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Closed
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Sunday
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Closed
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Additional Information
In order to understand the laws regarding equitable distribution, which address how property is to be divided upon divorce, it is first important to understand that there are three ways in which property is classified in a marriage in North Carolina: as marital property, as separate property, or as divisible property.
North Carolina General Statute 50-20 provides definitions for these property types. According to the statute, marital property is considered to be, “real and personal property acquired by either spouse or both spouses during the course of the marriage and before the date of separation of the parties…” Separate property, on the other hand, is just the opposite, and is defined as, “all real and personal property acquired by a spouse before marriage…” Separate property is also considered to be that property that is acquired by a spouse during the marriage by devise, descent, or gift.
Separate property is not divisible upon separation. Divisible property is the appreciation and diminution of property that was acquired after the date of separation but before the date of distribution. This also includes efforts made by one spouse or the other that helped to increase or decrease the value of the property and passive gains or losses to it.
Product and Services
Courts in North Carolina must make a custody determination based on the best interests of the child. As such, who will get custody of your child when you and your spouse separate is dependent upon a number of factors. A court may determine that joint custody is the best option for your child; in other cases, one parent may be awarded primary custody.
It is also important to know that there are two different types of custody in North Carolina: legal custody and physical custody. Legal custody refers to the rights of one parent to make important decisions about the child, such as decisions regarding the child’s education or religion. Physical custody, on the other hand, refers to with whom the child will live. Sometimes, parents will have joint legal custody over a child, even though one parent retains physical custody.
While a court will sometimes make a determination about child custody for you, it is best if you and your spouse can come to an agreement on your own. In order to do so, you and your spouse will need to work together to form a parenting plan and custody agreement.
If you and your spouse cannot come to a custody agreement, then you will need to attend mediation before going to court. Mediation will allow you and your child’s other parent to meet with a neutral third party, who will guide you through the custody agreement and provide you with advice. Forming a custody agreement on your own, outside of court, is almost always ideal. Going to court can be very expensive, drawn out, and emotional for all parties involved. Further, when you are in court, you lose the ability to make the decision on your own; the court will make the custody decision for you.
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