Wilmington Family Law Lawyer

The attorneys at the Law Offices of John Drew Warlick, P.A. have handled the family law needs of three generations of North Carolinians. We dedicate our time and resources to understanding the needs of each client we represent so that we can advocate effectively for their interests. You can count on our family law attorneys to provide the guidance and support you need during the challenging period of separation and divorce. Call or contact us online for a free consultation with a Wilmington, NC family law lawyer.

What Types of Family Law Services Do We Provide?

At The Law Offices of John Drew Warlick, P.A., we represent Wilmington, NC clients in a range of family law cases, including:

• Divorce
• Separation agreements
• Property division
• Child support
• Child custody
• Adoption
• Domestic violence
• Modification/enforcement of existing orders and agreements
• Mediation

How Do You Get a Divorce in North Carolina?

North Carolina is a no-fault divorce state. That means the courts don’t require one spouse to prove the other engaged in marital misconduct to grant a final divorce. You must meet two requirements before filing for divorce:

• Either you or your spouse must reside in North Carolina for six months to be eligible for a divorce
• You and your spouse must live separately for a year with the intention of not reuniting

The other ground for divorce is one based on incurable insanity. In this case, you and your spouse must live apart and separate for three consecutive years due to their incurable insanity before filing a divorce petition. There are additional steps that an experienced attorney can explain in detail.

How Is Marital Property Divided in North Carolina?

North Carolina is an equitable distribution state. That means the courts divide marital property according to what is fair rather than simply splitting the marital property in two. The court must distinguish between marital and separate property before dividing the property. Marital property is all real and personal property that either spouse or both spouses acquired while married but before the separation date. Separate property is all real and personal property either spouse acquires before marriage or receives while married by inheritance or gift. The judge will divide the marital property equitably by considering various factors, such as:

• A spouse’s need to own or occupy the marital home because they have custody of a child
• The duration of the marriage and each person’s age and mental or physical health
• One spouse’s indirect or direct contribution to help educate or develop the other’s career potential
• Each spouse’s property, liabilities, and income at the time the divided property becomes effective
• Either party’s actions in preserving, expanding, wasting, converting, or neglecting marital or divisible property between the separation date and distribution date
• Any support obligations from a previous marriage
• Liquid or nonliquid nature of all divisible and marital property
• Direct contribution to increasing the value of the separate property while married
• The expectation of rights to retirement, pension, or other deferred compensation that is not marital property

How Is Alimony Determined in North Carolina?

A judge can determine that one spouse is the supporting spouse and the other is the dependent spouse and award alimony to the latter. To decide the duration, amount, and manner of alimony payments, the judge might consider relevant factors, such as:

• Each spouse’s age and mental, physical, and emotional condition
• The impact of one spouse serving as a minor child’s custodial parent on their expenses, earning power, or financial obligations
• The amount and sources of each spouse’s earned and unearned income
• The spouses’ relative education and the time the dependent spouse needs to acquire sufficient training or education to seek employment that meets their economic needs
• Either spouse’s marital misconduct
• One spouse’s contribution to the other’s training, increased earning power, or education
• The duration of the marriage
• Each spouse’s relative earnings and earning capacities
• The established standard of living of each spouse while married
• Tax consequences of an alimony award
• Each spouse’s relative needs

How Is Child Custody Determined in North Carolina?

North Carolina courts award custody by determining the child’s best interests. Judges might consider various factors while deciding on child custody cases, such as:

• Any special needs the child has
• Each parent’s relationship with the child
• The child’s wishes, if sufficiently mature
• The physical and emotional health of each parent
• The child’s relationship with each parent and ties to siblings and extended relatives
• Each parent’s ability to provide stability for the child
• Either parent’s history of domestic abuse or violence
• Each parent’s willingness to foster a relationship with the other parent and child
• The child’s ties to their school, home, and community
• Other factors deemed relevant to the child’s best interests

How Do I Obtain a Domestic Violence Protection Order?

An attorney can help you obtain a domestic violence protective order (DVPO) by guiding you through the following this process:

• Complete the required paperwork and give it to the clerk of court.
• Attend a hearing and answer the judge’s questions about your exposure to domestic violence incidents.
• The judge will grant a temporary order if they determine domestic violence occurred and set a hearing date.
• The sheriff will serve the defendant with the complaint, the temporary restraining order, and other relevant documents related to the case.
• Attend the hearing, where the judge will ask if you want to proceed with the case and whether the defendant wants to consent to the protective order.
• The judge will hold a trial if you want a protection order for one year and the defendant objects to the order
• If granted, the judge will issue a final DVPO to last for one year from the order date.

Contact Our Wilmington Family Law Lawyers Today

Whether you’re dealing with a divorce, child support battle, or another family law matter in New Hanover County, you can count on The Law Offices of John Drew Warlick, P.A. to provide experienced family law counsel based on years of experience. We will stand up for your rights and interests and work hard towards a favorable outcome. Call or contact us online today for a free consultation with a dedicated Wilmington family law lawyer.