For most people, divorce is one of life’s most significant changes. Relocation is often another. What happens when you have to confront both, one after the other? This is an issue that many families face today. Sometimes, a move is planned – because, after a...
If you are considering divorce or separation, questions about your children are likely at the forefront of your mind. Property and finances matter, but nothing is more important than your children’s safety, stability, and well-being. Custody decisions have long-term...
North Carolina Child Custody Whether you are navigating separation, divorce, or modification of an existing order, you need experienced, compassionate guidance to protect what matters most: your child’s well-being, stability, and relationship with you. We Help...
A Comprehensive Guide to Cross-State Child Custody Disputes for Parents During the course of a divorce, you will have to confront and address many difficult issues. There is perhaps no issue more emotional or challenging than child custody. Most parents care far more...
How to Handle Custody Across State Lines During a divorce, few issues are more emotional or complex than child custody. Most parents care deeply about maintaining strong relationships with their children - and that concern often continues even after parents begin...
During the course of your divorce, you will likely confront a wide variety of issues. There is perhaps no issue more important to most parents, however, than child custody. After all, most parents love their children deeply and always want to do what's best for them....
Often, people going through a divorce involving children eventually find themselves participating in a child custody mediation. This may sound intimidating – and that's understandable. The good news is that mediation can often be very successful in helping parties...
Statistics indicate that around 40% of children in the United States are raised in a single-parent home, or divide their time between two parents, or other family members. This is no small number. Divorce isn't an easy process for anyone, and often, especially for...
Without question, child custody issues can be some of the most complicated and emotionally charged issues that any couple will face during a divorce. This only makes sense. For most parents, there is nothing more important in their lives than their children, and it is...
Without question, the issue of child custody is often one of the most emotional issues that parents will have to face and resolve during the divorce process. Without question, most parents love their children and want the best for them. Determining exactly what that...
Let’s face it: not everyone stays in the same place indefinitely. Depending on your life and circumstances, you may decide to move due to a change of job, to be closer to family, or even for better living standards. As if relocating isn’t an overwhelming process,...
Long distance relationships are hard. However, once that relationship is over and a child is involved it can become even more difficult to become a long distance parent. Though difficult, it is not impossible. There are ways that you can still keep a child custody...
You and your child’s parent has decided to go your separate ways and now you are contemplating filing a child custody action. Now what? After you have decided to file a child custody action, you must file a petition with the court. Once this petition is filed,...
Of all the issues that couples find themselves facing during a divorce, child custody is often the most emotional, and to the majority of couples, the most important. This is entirely understandable – after all, there is nothing more valuable or cherished in life than...
A request that the court grant the plaintiff temporary and permanent legal and physical custody of the minor child.
Notice that a Foreign Child Custody Order was registered in the office of the Clerk of Superior Court.
The court will affirm or deny the plaintiff’s request for expedited enforcement of the foreign child custody order.
The court will determine whether a foreign child custody order should be confirmed.
Notice of hearing and court orders.
Order for parties to participate in mediation.
A request that the court issue a warrant directing law enforcement officials to take immediate physical custody of a child.
Request for registration of a child custody order entered in another state or country.
Based on a claim that children are at serious risk of harm or being removed from the state.
A request to the court for a variety of claims.
There are several things to know when you are going through a divorce as an entrepreneur, and how it will impact child custody.
Even though your child custody order is marked as final, certain aspects of the order can possibly be changed.
When a judge in North Carolina is considering a child custody case, a number of factors will be considered. But the overwhelming standard the judge will weigh is what is in the best interest of the child.
Divorced parents need to set clear agreements in writing concerning holidays, vacations and the many questions surrounding traveling with children that can arise.
The majority of custody disputes involve parents. However, grandparents and other third parties may also have concerns about a couple’s children. In certain cases, the courts will recognize the rights of these third parties.
Whenever you are dealing with child custody, you need to consider a multitude of factors, including emotional, financial, and practical issues.
In the process of your divorce, you will address many issues. For most parents, there is no issue more important in a divorce than child custody. That’s understandable. When most parents think about the issues they will confront during a child custody matter, they...
Claiming one or more dependents on your tax return can yield significant benefits. However, sharing equal custody of your children with someone else may complicate your tax situation. Fortunately, the IRS has specific rules in the tax code to determine which parent...
For most people going through a divorce, there are no issues that matter more than issues regarding your children. As a parent, you always want to do what’s best for your children. In some cases, for many reasons, that may mean seeking full custody. Indeed, there are...
The short answer is, yes. Although you may have joint custody of your child, child support is an obligation that one parent will inevitably have to pay, specifically so, if one parent makes a higher income than the other or if the child is one with one parent more...
Instructions for worksheet for primary custody.
Instructions for worksheet for joint custody.
Instructions for worksheet for split custody.
Parenting a child with a disability while going through a divorce presents unique child custody considerations and situations where traditional custody arrangements might not be appropriate.
When it comes to relocating out of state after a divorce custody North Carolina, it’s important to understand both the personal and legal implications involved. Our world today is one of constant movement, often quite literally. For various reasons, the need to...
Grandparent Custody and Visitation Rights in North Carolina Child custody disputes most often involve parents determining how to share responsibility for raising their children. However, there are situations where grandparents may seek legal rights to custody or...
If you are considering divorce or separation in North Carolina, you may have questions about how child support works and what financial support your child is entitled to receive. One of the most common concerns parents have is how child support is calculated in North...
Divorce is one of the most significant life changes a person can experience - especially when children are involved. While many parents focus on finalizing custody arrangements during the divorce itself, life doesn’t stop once the divorce decree is entered. A common...
Every parent wants their child to grow up feeling safe, supported, and secure. But when substance use becomes part of daily home life - whether involving alcohol, prescription medication, or illegal substances - the stability of a child’s world can shift quickly. The...
North Carolina Child Support AttorneyWe help you take control over the decisions that shape your child’s future and your family’s financial stability.A Supportive Legal Partner for Your Child Custody CaseChild support is one of the most important parts of ensuring...
North Carolina Child RelocationWe help you navigate relocation decisions with clarity, strategy, and compassion, whether you’re requesting a move or opposing one.Guidance You Can Trust When a Move Changes EverythingWhen a parent needs or wants to relocate - whether...
How to File for Emergency Custody and What to Expect in North Carolina If you’re a parent, keeping your children safe is always your top priority - especially when a co-parent is unwilling or unable to provide proper care. In urgent situations, you may need to pursue...
How North Carolina Courts Handle Parental Alienation in Custody Cases If you're a parent, you want nothing more than to protect and support your children - especially during a difficult divorce. While some parents can work together to prioritize their children’s...
In North Carolina, like in all other states, child support is intended to ensure that after a divorce, both parents can continue to provide and adequately care for the children they love. Sometimes, one parent may make significantly more money than the other, but the...
Pets are more than just pets. They’re family members. Most people who have pets would agree that this is true. Pets add so much to our lives, and understandably, you want to do all you can to ensure that they feel cared for and loved. Those facing a divorce often want...
When Grandparents Raise Grandchildren: Legal Rights and Considerations in North Carolina If you are a grandparent, chances are you love your grandchildren very much. Understandably, you probably love spending time with your grandchildren and want to ensure they are...
Navigating North Carolina Child Support Enforcement: What Parents Need to Know In any divorce involving children, child support and child custody are two of the most important issues that parents will have to resolve. Most parents want the best for their children and...
Divorce is emotionally challenging, and when questions about your child’s safety arise, the process can feel even more overwhelming. One of the most common concerns parents face is how alcohol use - past or present - may affect child custody and visitation. In North...
There is a lot of misinformation about child custody, particularly regarding mothers' rights. You may have heard that only mothers have custody rights in North Carolina or are consistently awarded superior rights over fathers. We have provided accurate information on...
Divorce can be harsh on children. Adjusting to a new routine as parents separate can raise many issues for the children involved. Once a custody and visitation schedule is established, ideally, parents and children can develop a new routine. However, raising children...
Child Support Calculator Use this handy calculator to estimate the financial impact of child support. We provide this calculator to give you an idea how much child support you are likely to owe or receive. Just give it some basic information about your custody...
Child Related ServicesYour Guide to Child-Related Matters During Divorce in North Carolina.How to Protect Your Children During DivorceWe genuinely care.While divorce poses challenges, maintaining open communication with children and prioritizing their well-being is...
There are plenty of rumors that circulate about child custody cases. Some people have heard that mothers have superior custody rights. Others have heard that fathers are always required to pay child support because mothers will always have primary custody. There can...
For most families going through the divorce process, there’s no issue more important than custody. The parent-child relationship is so important that North Carolina, like many states, has laws that protect that special relationship and seek to ensure that each parent...
Of all the issues a couple might confront during a divorce, issues involving children are often the most important. Certainly, parents want to do all that they can to support their children and help them move through the divorce process with as little stress as possible, and onto a better and brighter chapter ahead.
Creating and implementing a custody schedule is not necessarily an easy task. Nevertheless, it is one of the matters that couples confront during a divorce that is often most important to them. Most parents love their children tremendously. This means that both during...
What You Need to Know About Child Support in North Carolina Under North Carolina law, both parents certainly have the responsibility of providing support for their minor children in any number of ways – emotionally, physically, and financially. For the most part,...
Most parents love their children and want what’s best for them. For many parents, the role of mom or dad is the most important job they’ll ever have, and the one they care about most. As a result, it’s understandable that when going through a divorce, most parents...
While you may select a pet and purchase it just like other possessions, anyone who has a pet knows they are far more than property. Pets are beloved companions and considered family by many. This emotional bond often raises an important legal question: what happens to...
Divorce isn’t easy. There’s no doubt about that. There’s also no question that of all the issues that a couple confronts during the divorce process, child custody is by far one of the most emotionally difficult and complex. This can be even more true when one parent...
They’re your children, so you expect that you can do whatever with them as you so choose and this includes relocating to another state. Though you may feel like this, this is not reality and this is especially so when you share children with another parent whom you...
There are few issues more important to most couples in the divorce process than those involving their children. Issues of child custody are usually first and foremost in the minds of most parents – and of course, that includes child support. What is child support? In...
Under North Carolina law, both parents certainly have the responsibility of providing support for their minor children in any number of ways – emotionally, physically, and financially. For the most part, parents want to, and do try their best to provide for these...
While all of us are very different, one thing that most of can agree upon is that more than almost anything, we love our children and want to provide for them. While North Carolina law does, of course, place the responsibility on parents to provide for their...
School days are upon us and everyone knows that as soon as school starts up all of the holidays begin. From Labor Day, to Christmas, every month throughout the rest of the year includes a holiday that most kids are out of school for and is with one parent or the...
Though there are some people who hold on to their homes forever, in today’s times, and with the rapid changes of society, forever homes do not always exist. Perhaps you find another job in another location, or realize that you need to down size your home based on your...
As if relocating isn’t stressful enough, the task can become even more overwhelming when you have a custody arrangement in place. Choosing where to relocate based on a separation agreement can be a daunting task. That is why, in these circumstances, you should seek...
Divorce is certainly an important and significant life change. Often, however, the divorce itself isn’t the only change. A divorce can be one big change that leads to many others, one of which can be relocation. Often, for any number of reasons following a divorce,...
Whether you are a mother or a father, not having your children around every day can be overwhelming especially when you are used to seeing their smiling faces. To make matters worse, sometimes life happens at the speed of lightening that make you have to change your...
As a parent, you love your children, and you will do anything for them. In some cases, this includes dealing with a difficult co-parent. Though this can be difficult, you recognize that your child having both parents in his or her life is of the utmost importance....
If you have a child custody order that has been modified due to one parent needing to relocate with the child, then you already know how difficult and frustrating it can be to not see your child as often as you are used to. If this relocation has your child in another...
Without question, divorce can be difficult in any number of ways, and during the divorce process, emotions run high. Perhaps in no circumstance, however, is divorce more difficult, or more emotional than when it comes to resolving issues of child custody. Most...
When most of us think of child support, we think of one parent paying support to the other for the children of their marriage following a divorce. And, in most situations, this is in fact the case. After all, parents have a legal duty to financially support their...
Typically, during the divorce process, changing custody is one of the most emotional, difficult, and potentially contentious issues that parties will have to address. After all, most people consider their children to be the most important, valuable, and indispensable...
Relocating when having a child involved can be as easy or as hard as you and the other parent make it. And though a child custody order may be deemed as a challenge when relocating, it can actually be helpful to your situation and your child to have a sense of...
Divorce is a difficult process, even in the best of circumstances. That’s simply the reality of the situation, even when couples are both on the same page and feel it is the best decision – even when they are committed to working cooperatively together to make the...
A request for the court to enter an order compelling Plaintiffs, Defendant, and minor children to submit themselves for a psychological examination for custody purposes.
Motion citing claims a foreign child custody order is not valid and should not be confirmed.
A request for the court to modify child custody.
Involves issues relating to child custody or visitation
Even when a custody agreement is created in the most considerate and cordial circumstances, there are typically differences when it comes to parenting decisions.
During the divorce process, custody and support can impact your tax situation. There are various child-related tax implications that must be addressed upon divorce and separation.
Determining child support usually a pretty cut and dry process, but it is much more complicated when an entrepreneur is involved because it can be difficult to calculate income.
Divorcing parents need to understand North Carolina guidelines for everything from calculating and filing child support claims to collecting child support and enforcing agreements.
The court must use the North Carolina guidelines when it enters a temporary or permanent child support order. However, it may deviate from those guidelines in certain situations.
North Carolina child support guidelines do not include private school tuition. However, the court will make exceptions in some cases.
If you are in the middle of a child custody case, the court may order your ex to pay your attorney’s fees.
In North Carolina, modifications to child support agreements can be made under specific conditions.
While not common, there are circumstances in which a grandparent could have to pay child support for their grandchild.
With virtual visitation, parents and their children are able to have face-to-face time with each other using electronic equipment.
Even if you have primary custody of your children, you may need approval from your ex or the court before moving.
When one parent purposefully poisons their child against the other parent, the term used is parental alienation.
When your child is kidnapped by their other parent, there are different legal channels that you can go through for the return of your child.
“The Hague Convention” handles international child abduction and sets standards that define, classify and detail true international child abduction.
Know the signs your child might be at risk of an international parental abduction, and the steps to take now to keep them safe.
How is sole or joint custody determined in North Carolina? And when is it necessary to go to court over child custody decisions?
The answer to if and when a child has a say in living arrangements depends on the condition of your family relationships and the degree of court or third-party involvement with your marital separation.
Navigating child custody during divorce can be complex. Discover the benefits of a consent order and why it might be the right choice for you. Learn how to secure a fair custody agreement with the guidance of experienced attorneys. Trust The Law Office of Dustin McCrary to support you through every step of your divorce journey.
Dustin S. McCrary, a NC divorce and child custody lawyer, has been named to the elite Super Lawyers Rising Stars award list for 2021.
Requiring all parties to complete Partners In Parenting Education class within a certain number of days of the filing of a child custody or visitation action.
A separation agreement is used to specify what the parties agree to in regard to things like property division, alimony, child custody and support.
Expert witnesses can come in handy for a variety of family law issues, including child custody or property disputes.
If you are considering divorce in North Carolina, it is completely normal to feel overwhelmed and unsure of what steps come first. Many people are surprised to learn that before they can legally file for divorce, most couples in North Carolina must live separately for...
When people get married, most expect the commitment to last forever. But life changes, and sometimes marriage does too. If you’re considering divorce, you may feel overwhelmed, uncertain, or unsure where to start. That’s completely normal. If you’re wondering how to...
If you are considering divorce, one of the first questions you may ask is: is North Carolina a no-fault divorce state? The short answer is yes - but the details matter. Understanding how no-fault divorce works in North Carolina can help you feel more confident and...
When people picture divorce, they often imagine a tense courtroom scene - arguing spouses, frustrated lawyers, and a judge banging the gavel. If you’re considering divorce, you may be wondering whether that courtroom drama is unavoidable. The good news? Many couples...
Mediation for Divorce in North CarolinaMediation is a great option for divorcing couples who want an amicable, swift resolution and can openly discuss all topics surrounding divorce.An Alternative to Going to CourtIn mediation, you and your spouse collaborate with a...
Get Legal Help for Domestic Violence in North CarolinaProtecting you and your family with compassionate, experienced legal guidance.Our Number One Priority is Ensuring That You and Your Children Are Safe.If you’ve experienced domestic violence, you are not alone....
Divorce and Separation in North CarolinaWhether it’s preparing a separation agreement or walking alongside you throughout the divorce process, our team is here to offer experienced guidance and responsive representation.We Will Guide You Through the Divorce Process in...
Protecting What Matters Most It’s hard to know where life will lead after a divorce. Some people never remarry, while others find love again later in life. Today, blended families are increasingly common - over 15% of children in the U.S. now live in blended families....
Divorce is a Journey.With us by your side, you’ll never face these difficult decisions alone.We Know Family Law We’ll be with you every step of the way.Divorce is never easy. We know you are contemplating a huge change or experiencing difficult emotions and unanswered...
Being married to a narcissist can be challenging in so many ways. Usually, the longer the relationship, the more this is true. Living with and being married to a narcissist can be very confusing and painful. Because of the emotional manipulation involved, it can be...
Divorce and Mental Illness in North Carolina: What You Need to Know Living with or supporting a spouse who struggles with mental illness can be emotionally exhausting and deeply complex. Mental health conditions affect millions of people every day. While treatment and...
Think Before You Post: Protect Yourself from Social Media Mistakes During Divorce and Child Custody Cases Social media mistakes during divorce can have serious consequences—especially when child custody is involved. Social media connects our world today more than ever...
Divorce and Tax Consequences - What North Carolina Couples Need to Know Divorce and taxes are two topics that probably aren't high on the list of most people's favorite things to think about. And yet, when you're going through a divorce, or even contemplating a...
Choosing the Right Path for Your Divorce When facing a divorce, many people wonder what to expect and whether to choose mediation vs litigation in divorce. We’ve all seen television dramas about contentious legal battles: an exasperated, gavel-banging judge at the...
Divorce is difficult under any circumstances. When substance use is part of the picture - whether involving alcohol, prescription medication, or illegal substances - the process can feel even more overwhelming. It is not uncommon for substance use issues to surface...
Divorce often marks the end of a marriage, but not the end of your parenting responsibilities - especially if you're trying to co-parent after a high-conflict divorce. Even though you will no longer be husband and wife, you’ll always be parents. It will always be...
For military families, divorce can present its own unique set of challenges. Certainly, active deployment and frequent relocation can complicate divorce proceedings, not to mention that, depending upon the circumstances involved, both state and federal law may apply...
Adultery. It’s one of those topics that most people don’t want to talk about or think about, especially at the beginning of a marriage. At the end of the marriage, however, the truth is that it’s a topic that comes up more frequently than people might expect. As a...
If you’re contemplating a divorce, you may have quite a few questions. That’s understandable. After all, the law can sometimes seem complicated and confusing. One question we’re often asked is – does there have to be a legal “reason” for the divorce? Or said another...
If you live in North Carolina and are contemplating a divorce, you might or might not know that a period of legal separation is required before you can obtain one. If not, it’s important to understand what a legal separation is and how it differs from the divorce...
Even in the very best of circumstances, divorce is difficult. This is even more true when you find yourself in a situation that might add an additional layer of difficulty. Being pregnant while getting divorced can certainly be one such circumstance. While bringing a...
Divorce can be difficult in many ways. There's no question about that. Even in the best of circumstances, and even when you know that your decision is the right one, you may have many questions and worries. Some of those will be emotional and very personal, and others...
Domestic violence impacts an estimated four million people every year, affecting not only the victims but also children, relatives, friends, and employers. While the majority of victims are women, many men suffer as well. Take Immediate Action if Your Spouse is...
Domestic violence is a hidden epidemic, affecting nearly four million wives, children, relatives, and friends each year. Statistics reveal that an estimated 44 million women in the United States are battered annually by their partners, and 1 in 10 men will experience...
If you’ve made the difficult decision to move forward with a divorce, you may wonder how quickly you need to move forward after making that decision. You may wonder if it is critical to file for divorce first and if doing so will give you any advantages during the...
What is a contested divorce? In essence, a contested divorce is one in which the spouses disagree on some aspect of the divorce. This can be a disagreement over any of the issues that couples commonly confront during the divorce process, including property...
When you file for a divorce, you must indicate why the marriage is ending on your divorce petition. You might often hear this referred to as the “grounds” for the divorce. Many people have heard the terms “no-fault divorce” and “fault-based” divorce but aren't sure...
Divorces are unique, and mediation can be an effective tool to help resolve disputes. When spouses or parents struggle to agree on a fair settlement, a mediator can facilitate decision-making. Mediators are invaluable for families who want to avoid courtroom battles...
If you are in the midst of a divorce, mediation might be a viable option for you. Mediation is an amicable negotiation with your spouse facilitated by a neutral third party. It is quicker, cheaper, and more private than traditional court proceedings, but it may only...
What is a divorce decree? Simply put, it is the official court order that legally ends a marriage. Often, it will contain not only the legal decree but also the terms of the divorce regarding the various issues in the case. After it is entered, the parties are...
When most people decide to get married, they expect it to be a lifelong decision –sometimes, that's how it turns out. In other cases, however, for many reasons, a marriage may not be the "forever" that both people expected when they walked down the aisle. This isn't...
GET YOUR FREE EBOOK Divorce-Related Deceptions: What To Watch Out For Stay vigilant and protect your interests during divorce proceedings with essential insights. Download Your eBook Navigating a divorce can be fraught with challenges, especially with deception comes...
Explore the process of absolute divorce in North Carolina, from residency to separation requirements. Learn how to navigate the no-fault divorce process smoothly with insights from The Law Office of Dustin McCrary.
Discover how mediation can help you resolve divorce issues quickly and effectively. Learn about the process, advantages, and steps involved in mediation. Contact us at The Law Office of Dustin McCrary for tailored legal guidance.
Discover the ins and outs of divorce litigation in North Carolina, from filing a petition to the final decree. Learn why some cases end up in court and how a skilled attorney like Dustin McCrary can guide you. Navigate the complexities with guidance from The Law Office of Dustin McCrary – your trusted partner in North Carolina divorce proceedings.
Learn how to file for divorce in North Carolina, from no-fault grounds to residency requirements. Discover the crucial steps and the importance of hiring the right attorney. At The Law Office of Dustin McCrary, we specialize in divorce law and guide you through the process for a smoother journey. Call us today for expert advice.
Even in the best of circumstances, divorce, like most legal matters, can be a lengthy and complicated process. It can be a journey with a lot of twists and turns. The good news is that it’s not a journey you have to make alone. In fact, it’s a journey that you...
You may have arrived at this page because you feel that your marriage has reached its end. Sometimes this happens suddenly – in other cases, it is a resolution reached after a long time and a great deal of thought. Regardless of what has led you to this point,...
Charlotte BennettHi, I’m Charlotte Bennett and I’m a divorce lawyer. Most people who walk into my office did not think they would ever need a divorce attorney. Many are feeling a mix of emotions, including uncertainty, stress, and frustration. Some of them just aren’t...
Forms For every stage throughout your North Carolina divorce. There are many forms and documents that need to be completed to ensure a successful, legally binding divorce. We’ve compiled those forms here for your easy reference, simply select the appropriate category...
Frequently Asked Questions We listen and explain. We know every marriage and divorce is unique, but, throughout our years of experience, we have found there are some common questions that we can help answer. Find answers to your questions by selecting from the...
Lenoir, North CarolinaWe go the extra mile for our clients. We’ll be with you every step of the way.[dsm_embed_google_map address="118 Main Street NW, Suite 200 Lenoir, NC 28645" _builder_version="4.22.2" _module_preset="default"...
Hickory, North CarolinaWe know exactly what to do. We’ll be with you every step of the way.[dsm_embed_google_map address="1410 4th St Dr NW STE 102, Hickory, NC 28601" zoom="15" _builder_version="4.23.1" _module_preset="default"...
Mooresville, North Carolina We care about you and your family. We’ll be with you every step of the way.[dsm_embed_google_map address="106 Langtree Village Drive, Suite 301 Mooresville, NC 28117" _builder_version="4.22.2" _module_preset="default"...
Client ExperiencesWe go the extra mile for our clients.Our client's trust is our number one asset.We work hard to listen and understand the nuances of your unique situation so we can effectively advocate for you and your family. But don’t take our word for it. Listen...
Informative Videos to Help You Have a Successful Divorce Below, you will find videos about specific topics related to all aspects of the divorce process. Jump to a specific topic by viewing the collapsible table of contents, or scroll through the page to see...
Helpful ResourcesYou never expected that you’d have to deal with divorce or family matters. Nobody does. We hope that we can help answer your questions and bring your awareness to all the considerations that lie ahead. We genuinely care about you and your unique...
Finding yourself at the beginning of the divorce process can be overwhelming, to say the least. Realizing that your marriage is ending is painful and difficult – even when you know that divorce is the best option. When you find yourself at the beginning of this...
Divorce is never easy. That's the simple truth of the matter, even in the best of circumstances. Without question, it can be even more difficult to move on if the end of a marriage was caused by someone other than your spouse. Certainly, there are any number of...
If you are considering divorce, or are in the midst of the divorce process, you may feel overwhelmed. That’s completely normal. Any legal matter can be complex, and divorce often involves many issues that can be emotional and complicated in many ways. Sometimes,...
Legal matters can be complex – and divorce is no different. If you aren’t a trained legal professional, trying to sift through the laws and understand them can be confusing and frustrating, to say the very least. That confusion and frustration is very normal....
Many difficult issues can arise in a divorce – and issues regarding how to divide the property you've accumulated during your marriage are certainly among them. This is true concerning all types of property – cars, real estate, family heirlooms – and it can be...
When most people walk down the aisle, they truly believe they’re making a lifetime commitment. Especially in the early stages of a relationship, it can seem as if love will, indeed, last forever. Sometimes, that ends up being the case. In other cases, however, things...
As with many legal matters, divorce can be complicated, and it can be confusing. It is already an overwhelming experience for most people, simply from an emotional perspective – and additional stress caused by worry about the legal process itself can feel...
Divorce. In any number of ways, it can be difficult – both emotionally, and practically. That's simply the nature of the process. Deciding to divorce is emotionally difficult – and addressing all of the issues that come after can seem like a complicated, and even...
Deciding to divorce is the beginning of a long, and often complex process. It's a process that will force you to address many issues and one that will cause you to ask many questions. One of the first questions you're understandably likely to ask is – how much will...
Without question, making the decision to divorce is probably one of the most difficult decisions you'll ever have to make. The truth, though, is that deciding to divorce is only the first of many decisions you'll have to make throughout this process. One of the...
How Can We Avoid Taking Our Divorce to Court? Sometimes, a couple reaches a point where they both agree that divorce is the best path forward – but they don’t want to end up trapped in a long, contentious court battle. That’s entirely understandable. Long, drawn-out...
Are you a victim of domestic violence? If you are, you may find yourself feeling overwhelmed. Afraid. Uncertain of where to turn, or what to do. It’s important to know and understand first and foremost, that if you find yourself in this situation, it’s not your fault...
Even under the best of circumstances, most of us don’t relish the idea of paying taxes. This can be particularly true in difficult times. Facing a divorce and worrying about how your divorce might affect you from a tax perspective is doubly unpleasant. It’s an...
If you have reached the point in your marriage where you have decided you are ready for divorce, you may feel ready to move full steam ahead with getting the process started. This is understandable, as couples who decide to divorce typically do so after many months,...
It’s no secret that divorce is difficult, even in the very best of situations. Even in situations where both parties to the marriage agree that divorce is for the best, and are able to put their differences aside and work cooperatively toward resolution of the issues...
When you are going through a divorce, you want the most favorable results possible. You want to be compensated for the time you spent cleaning the home and taking care of the kids. You may want joint custody of the children, and you may even want the marital home....
If nothing else, we love our children and will typically do anything for them. That includes, working with a co-parent that can be absolutely difficult to deal with. However, for the best interest of your child, it is important to understand the other parents needs...
One universal truth about divorce is that it is rarely an entirely pleasant experience for anyone. Understandably, the end of a marriage and the prospect of beginning to transition from the life you shared together to a new journey on your own can be an emotional and...
Going through a divorce that you do not want is especially difficult, particularly when your partner wants a divorce but you want to stay married. During this challenging time, it is important to take action rather than remain passive, as proactive steps can help...
LGBTQ Divorce North Carolina: What You Need to Know Without question, LGBTQ couples have fought long and hard to attain rights that many have long taken for granted. LGBTQ couples in North Carolina officially won the right to marry under the case of General Synod of...
If you are wondering whether you can move child without court approval NC, it is important to understand the legal requirements before making any decisions. When you have a child with another person, and there is a custody order in place, relocating may not be the...
When you are looking to relocate and you have a child custody arrangement in place, it is important that you modify the child custody order before moving. The judge will determine whether the relocation is in the best interest of the children and if you have reviewed...
When you have a parent that is relocating with your children, you may seem lost. The fear that comes with long distance co-parenting can be overwhelming and as if it isn’t hard enough to co-parent when a child lives relatively close, it is so much harder when your...
Change is never easy, however, change is inevitable and it is important that when change occurs that can affect not only your life, but your children lives and lives of other people, it is important to make the best decisions possible. In the case of child custody and...
It is a known fact that hiring an attorney to help with your legal needs can be a costly matter depending on what you are hoping to achieve. It is also a known fact that you get what you pay for and good attorneys are not cheap. When it comes to child custody matters,...
There are several reasons why a parent can decide to relocate. Though most of these reasons can result around positive changes, such as a new job, a new relationship, as well as being closer to family. However, there are times when a parent will decide to relocate due...
Happily ever after does not just happen to Cinderella. Happily ever after can happen to anyone, even more than once. However, when that happily ever after forces you to relocate and you have a child custody order in place then that happily ever after can soon turn...
As a nation, we have all been told over and over again, how important obtaining a good education is to your well-being and that it is in most people’s best interest to seek an education, regardless of your age, but when you add in child custody arrangements, the...
If you are like most people, you want the best opportunities possible and like most people this usually resonates in the job realm. Whether it is to receive a higher pay, better, more flexible hours or just more recognition, everyone, at some point, will search for a...
Some changes are harder than others. These changes can come in the form of trying to eat better to become a healthier you, stopping smoking, and in some cases, losing a family you thought you would always have due to divorce or breakup. However, when you add the...
Imagine: You’ve been given a job promotion that could substantially change the life of you and your children. The only problem is, you would have to relocate to another state in order for this promotion to be effective. That wouldn’t pose much of a problem if you...
When you are going through a separation or a divorce, you may feel, not only overwhelmed, but completely alone. If you have kids then you may be trying to determine what will happen with them, will you be able to support them on your own or, maybe, will they feel like...
As a parent, when you are seeking a child custody order modification due to you wanting to relocate, can seem like a big, scary experience. You may not know what to expect nor understand the different ways to make your case seem more favorable and this, alone, can...
Anyone who has lived with another and have children with that person can attest to parenting and sharing a child can be difficult. This is even more true when you have to share a child outside of the same household. Having to rely on another parent that you may not...
Can I move before modifying child custody? *The short answer is yes, however, it is not in your best interest to do so as moving before modifying child custody can result in the other parent gaining emergency custody of your child. It is in your best interest to seek...
Just as every person is different, so too, is every married couple – and every marriage. It only stands to reason, then, that every divorce is going to be different too. While all divorces may have some of the same legal elements, and while divorcing couples may face...
Are you a victim of domestic violence? If so, you should know first and foremost that you are not at fault. You should also know that you are not alone. In fact, domestic violence in North Carolina and across the United States affects millions of individuals each...
When Are We Legally Separated? Without question, divorce is a complex and often confusing process. In truth, however, beyond the process itself being confusing, what is actually required as couples lead up to and prepare for beginning that process can be confusing as...
As anyone who has been divorced before knows well, divorce is far more than a piece of paper dissolving a marriage. It is a process. And like any process, it has a number of steps – the first of which is separation. In North Carolina, before parties can officially...
Having an attorney who is truly dedicated to helping you achieve your goals and actually listens to you can lessen your concerns during the divorce process.
What to expect, bring and ask when meeting with a family law attorney the first time.
All marital assets are not created equal. Some marital assets are very easy to value and divide between the two parties. Other assets are more challenging in both valuing and division.
When divorce proceedings involve couples with high net worth, issues like property division and alimony can become even more complex.
There are many methods, including monitoring your e-mail, phone calls and social media, that a spouse might use to spy on you.
What should you do if your spouse becomes so depressed that he or she threatens you or threatens self-harm?
It may be a hard and scary process, but the legal system is here to help you handle ending an abusive relationship.
Unlike an absolute divorce, a divorce from bed and board does not completely end a marriage, but it does affect each party’s rights with regard to each other and each other’s estate.
In North Carolina, ending a marriage is usually a two-step process. Once you understand what you are getting into, you will be better able to handle the anxiety you may feel.
In North Carolina, a spouse can sue a third party for causing a loss of affection due to an affair. These claims are known as Alienation of Affection and Criminal Conversation.
Every situation, every couple, and every divorce is different. Being better prepared for your individual situation will make the process much easier.
A separation agreement will be enforced differently depending on whether it has become part of a court order. A separation agreement that isn’t part of a court order is treated like any other contract made between parties.
Filing for divorce in the state of North Carolina can be a cumbersome process because of the complexities that guide the process. Civil procedure tells us the “who,” “what,” “when,” “where,” and “how” of litigation proceedings.
Sex during the separation period can cause complications and potentially have a negative outcome on divorce proceedings.
Post-separation support orders or alimony can be modified even after a divorce has been ordered and finalized by the court.
Private Investigators can enhance your case by revealing some of the most intimate moments that are discreetly being hidden by the other party.
Custody battles between parents can become aggressive and unfriendly. Ironically, the issues that cause the greatest amount of conflict in these cases often aren’t the big, life-changing issues, but rather the small ones. Parents are more likely to argue over issues like where they will meet to exchange the children rather than over important decisions like education or health.
You never thought you'd be here. You don't want to be here. You don't know where to begin. All of that is okay. We are here to help.You never thought you'd be here. You don't want to be here. You don't know where to begin. All of that is okay. We are here to help.You...
During a consultation, some attorneys can provide a detailed explanation of the exact legal fees for your specific case.
When many people hear the term "prenup," they think of very wealthy or very famous individuals who are trying to protect their wealth and fame before tying the knot. While that can certainly often be the case, the truth is that prenuptial and postnuptial agreements...
If you are considering divorce, you likely have questions, and that is completely normal. Below, we outline five common divorce mistakes in North Carolina and provide practical guidance on how to avoid them so you can protect your rights and move forward with...
Divorce and Family Law Guidance When Alcohol Is a FactorOur legal team helps families navigate the complexities of divorce where alcohol or substance use may be part of the equation. Explore our educational resources below for insights on how this can affect custody,...
North Carolina Divorce & TaxesNorth Carolina divorce tax implications impact more than your personal life - it can reshape your financial picture. This includes how you file taxes, what you owe, and which credits or deductions you qualify for.We Help You...
When a marriage ends, the role of being a parent does not. Most parents want to protect their children throughout the divorce process and minimize emotional or logistical challenges. One of the most effective tools for doing that is establishing a parenting plan in...
Today, most issues in divorce proceedings are resolved between the parties without court involvement. However, the need for alimony may not be readily apparent.
After a difficult divorce, the truth is that you may not even feel like speaking to your spouse at all. You may be angry and hurt, and may be grieving the loss of the future you planned together. All of those feelings are entirely understandable. Unfortunately,...
Legal Rights and Responsibilities for Establishing Paternity for Unmarried Parents in North Carolina The word “father” can mean many different things, and sometimes, the definition can be complicated. In other cases, it can also be simple. Although many "father...
Experiencing domestic violence is painful and traumatic, and the last thing victims want is to relive those experiences after leaving. However, having children with an abuser can feel like an ongoing ordeal, even after divorce. In many cases, parents are required to...
Every divorce situation is unique, and so are the tax consequences. This overview highlights some essential tax implications to consider if you are considering a divorce. Some tax rules may provide relief, while others might be disappointing. Understanding these...
Property division is an issue that almost every couple will face during their divorce. Not all couples will have children. Not all couples have pets. Not all spouses necessarily want or need alimony. However, almost all couples will have some property that must be...
Making ends meet can be challenging for families, and financial planning for divorce can add another layer of complexity. Inflation and rising living costs exacerbate these challenges, particularly for families with children. Quality childcare is expensive and...
GET YOUR FREE EBOOK 10 Things to ConsiderBefore DivorceMake informed decisions about your future with clarityDownload Your eBookExplore vital considerations before deciding on divorce, covering emotional, financial, and legal aspects. This eBook offers practical...
Learn about the divorce decree, the final order in a case, and steps to its conclusion. Explore out-of-court options like mediation, arbitration, and collaborative law. Understand litigating in court and moving forward after receiving your decree. The Law Office of Dustin McCrary provides guidance and support.
Discover what a divorce decree means for your marriage dissolution process. Learn about its significance, the steps leading to its issuance, and what to do once you receive it. Navigate the complexities of divorce with guidance from The Law Office of Dustin McCrary.
Domestic ViolenceLearn more about the resources and tools available to victims of domestic abuse.Our Number One Priority is Ensuring That You and Your Children Are Safe.If you've experienced domestic violence, assistance is accessible through legal channels, law...
If you find yourself at the beginning of the divorce process, you may feel a little overwhelmed – and that's normal. Realizing that the end of your marriage is the best path forward is a difficult decision to make. Typically, it's a very emotional time, and it can be...
Most people realize that following a divorce, both spouses will continue to have an obligation to support and care for the children – but what about caring for and supporting your ex-spouse? Spousal support, also known as alimony, is one of many issues that couples...
If you are considering a divorce, or if you have already made the decision to divorce and are wondering how to move forward, you might have many questions. That’s entirely understandable. Without a doubt, divorce can be a complex and often difficult process, as...
While divorce may mean the end of a marriage, parenthood is forever. Although you will no longer be husband and wife, you’ll always be mom and dad. With that in mind, most parents want to know – what can we do to be the best parents that we can be throughout the...
North Carolina attorney Dustin McCrary says the easing of coronavirus-related restrictions will lead to new negotiations between divorced parents over custody agreements.
When you’re going through a divorce it may seem that you and your ex-spouse cannot seem to agree on anything: where the kids should stay, who should have the marital home, is alimony necessary. Don’t think you are alone in this. Most people going through a divorce...
You may be at a point in your life where you are facing the prospect of divorce. The realization you’re your marriage is ending can often be overwhelming and stressful enough, and facing the prospect of a long drawn-out court battle over the issues that matter to you...
Co-parenting after a divorce can be complicated. This is true even in the best of circumstances. Understandably, after a marriage ends, emotions are often running high, not to mention the fact that an inability to work together cooperatively is often part of what...
When most of us enter into a marriage, or really any type of long-term romantic relationship, particularly in the early stages of that relationship, we feel in love and we hope for the best. In the beginning, many people would find it almost impossible to believe that...
It’s bad enough you are going through a separation; however, now you are being told that a separation agreement is wanted as well. As if you are not already stressed about the separation and how to move forward in your life, you now have to speak with your spouse and...
There are many questions that arise during the divorce process. Who gets the house? Who will have primary custody of the children? Who will pay support, and alimony, and how much? And among these questions, one of the most commonly asked, but one which people...
When most people decide to marry, they expect that they will be with a lifelong partner for better or for worst. Unfortunately, sometimes the worst gets the best of marriages. If you have found yourself in this situation, you and your spouse may have to make the...
When you are younger and are going through a divorce, though you may be hurt mentally, physically, and emotionally, most people can attest to being told by friends and family that they have their whole life to look forward to and that this divorce is not the end of...
For those who are contemplating divorce, or who find themselves in the midst of a divorce, it may seem as if countless issues need to be resolved. It can, at least initially, feel overwhelming, and depending upon the state of your relationship when you decided to...
Taxes. Most of us don’t love thinking about them, and most of us would certainly agree that in many respects, tax time is a headache. This is true almost every year, but in some years, it is more true than others. If you are in the midst of or have recently finalized...
It’s no secret that we live in a world that is perhaps more digitally connected today than ever before. In fact, social media seems to be everywhere, and its impact on day-to-day life is almost impossible to ignore. A quick look at the statistics surrounding the use...
Without question, we live in a highly advanced technological age. In fact, it seems almost that day-to-day and minute-to-minute, technology is advancing, changing, and evolving. Increasingly, it plays a role in almost every aspect of life in most first-world countries...
According to ancient Greek mythology, a young man named Narcissus fell deeply in love with his own image reflected in a pool of water. Because of his tremendous and all-encompassing obsession with himself, he was unable to truly love others, or to receive love from...
Covers items like separation; child support and custody; spousal support; and property settlement.
One of the most difficult aspects of going through a divorce can be dealing your ex’s new significant other.
An often-overlooked but important part of the divorce process is estate planning to ensure your wishes are known and will be honored.
Not every couple is able to agree to a property settlement and may find it necessary to have the court distribute their property. The process of property distribution by the court is called equitable distribution.
Mediation is the first option under state law, and is highly recommended by most judges. It gives you the power to reach a settlement and encourages a dialogue between you and your spouse.
During the divorce process, you may need to value stock options decide how those are going to be divided. Often, this is one of the most difficult and complicated things to do in a divorce.
A person who violates a court order involving custody, child support, visitation, alimony and other family law issues can be found in contempt of court and face jail time for such a violation.
Under North Carolina Law, there are some circumstances where a grandparent would have standing to seek visitation rights with their grandchildren.
The following article will look at some common situations that divorcing parents encounter, pitfalls, and tips for reducing the negative impacts of the divorce on your children.
Alimony and post-separation support are available in North Carolina without any fault. However, it maybe considered when deciding if alimony is available.
Due to the unique nature of entrepreneurship, many face complex issues that most divorcing couples don’t face.
Sex addiction can be an extremely uncomfortable topic for spouses. However, it can impact your situation in many ways.
If you are a dependent spouse, you may not have to pay attorney’s fees for your claim for alimony.