Family Law (North Carolina)
What this domain tests
Family law questions focus on absolute divorce, equitable distribution, alimony and postseparation support, child custody and support, and domestic violence protective orders - all governed by G.S. Chapters 50, 50B, and 110.
Divorce and property division
- Absolute divorce requires one year of separation with the intent to remain separate, plus six months of North Carolina residency before filing (G.S. 50-8). Filing before the year runs is a fatal error.
- Equitable distribution (G.S. 50-20) has three steps: classify property as marital, separate, or divisible; value it as of the date of separation; then distribute it. Marital property is presumed, and the court weighs twelve statutory factors.
- Alimony (G.S. 50-16.3A) requires a dependent spouse and a supporting spouse, and considers sixteen factors, including marital misconduct. Postseparation support is a temporary award.
Custody, support, and protective orders
- Custody is decided by the best interests of the child (G.S. 50-13.2); the court may order a parenting coordinator.
- Child support follows the North Carolina Income Shares Guidelines (G.S. 50-13.4), using the worksheet for the parents' incomes and work-related childcare, with deviation only on written findings.
- A Chapter 50B protective order can be granted ex parte and set for a hearing within ten days.
Worked example
A husband inherits $50,000 during the marriage and deposits it into a joint account; the wife's salary funded the household. The inheritance is separate property and remains so unless it was commingled so as to be untraceable. The salary is marital, and the court then distributes the marital estate after classifying and valuing it.
Traps that cost marks
- Treating separation date as the date of filing.
- Assuming an equal split is mandatory - the statute requires an equitable one.
- Forgetting that separation agreements must be in writing and properly acknowledged.