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Our firm has gathered various resources, downloads, and links to assist you in your family law matter.
North Carolina General Statu
At this link, you can access all of North Carolina's statutes. Below is a list of laws frequently involved in family law matters:
Chapter 1 &1A: Civil Procedure
Chapter 7A: Contempt
Chapter 8 & 8C: Evidence Code
Chapter 48: Adoptions
Chapter 49: Bastardy
Chapter 49A: Rights of Children
Chapter 50: Divorce & Alimony (also includes child support, child custody, and equitable distribution)
Chapter 50A: Uniform Child Custody Jurisdiction and Enforcement Act
Chapter 50B: Domestic Violence
Chapter 50C: Civil No-Contact Orders
Chapter 51: Marriage
Chapter 52B: Uniform Premarital Agreement Act
Chapter 52C: Uniform Interstate Family Support Act
Wake County Family Court Local Rules & Forms:
Wake County is one of the counties in North Carolina that has a separate Family Court. When a family law case is filed, you are assigned one of four Family Court Judges, and your case will always be heard before this Judge. On this website you have access to the Rules governing Family Law Cases in Wake County, as well as the Local Forms that are used.
There are certain forms that are used in every county in North Carolina in family law cases, and those can be found at this website. These forms are maintained by the Administrative Office of the Courts and are periodically updated.
Wake County Family Court Online Calendar:
This website allows you to see what cases are set before each Wake County Family Court Judge each day that Judge is holding court. It also assists you and your attorney in deciding when to set your matter for hearing, as you can see what cases are already set on the calendar, and the likelihood of your case being reached on a particular date. You can find contact information for each Judge's Case Coordinator as well.
DivorceCare Support Groups:
There are thousands of DivorceCare support groups throughout the United States and twenty other counties. These groups meet weekly and its participants cope with the difficult emotions surrounding separation and divorce. Enter your zipcode on the site to find a group near you.
Wake County Family Court Rule 11:
This Rule sets forth the requirements whenever there is a claim filed for equitable distribution.
Equitable Distribution Inventory Affidavit:
Download the form that is required to be completed by both parties in an equitable distribution case. The purpose of this form is to list all of the assets and debts acquired during the marriage, as well as any separate, or non-marital property, the parties may own.
Certification of Initial Disclosures (Equitable Distribution):
The Wake County Family Court form that lists the documents you are required to produce in an equitable distribution litigation case
Wake County Tax Information:
Here, you can search for tax bills (both real estate and vehicles) by name or business entity, and determine the tax value in each year for the same.
Wake County Real Estate Data:
This is a valuable tool in obtaining information about real property, including tax value, the sale of comps, and a history of sales. Information from this website is information is helpful in determining the value of real estate in an equitable distribution case, and is usually included in the required disclosures
Wake County Register of Deeds:
Examples of official documents which are recorded at the Register of Deeds include deeds and deeds of trust. On this website, you can download pdfs of these documents, which are required disclosures whenever there is a claim for equitable distribution. Obtaining the documents through the website is a cost-effective way to provide them to your attorney.
North Carolina Secretary of State:
At this website you can find various information about North Carolina businesses, including finding businesses owned by your spouse. You can also obtain copies of documents businesses are required to file with the Secretary of State, including Articles of Organization and Annual Reports. These types of documents are required to be disclosed whenever there is a claim for equitable distribution, and can assist your attorney in determining the value of a business that is part of the parties' marital estate.
North Carolina Child Support Guidelines:
The North Carolina Child Support Guidelines apply as a rebuttable presumption in all proceedings involving child support to determine each parent's child support obligation. The most recent version of the Guidelines were implemented January 1, 2015. North Carolina statute requires the Guidelines to be reviewed at least once every four years in order to update its formula.
Calculate Child Support:
Learn the amount of child support you pay or receive according to the North Carolina Child Support Guidelines. To calculate child support, you will need to know the following information: custody schedule (i.e., number of overnights child spends with each parent) your income, the other parent's income, cost of child's health insurance, and the cost of work-related childcare.
Child Support Enforcement (CSE):
For a fee of $25.00, the custodial parent, (the parent who is or should be receiving child support), can utilize this government agency to collect child support. CSE has resources that are not available otherwise, including intercepting tax refunds of those who owe past due child support. Your local CSE can coordinate with other state's CSE offices to collect child support for those obligated to pay child support that don't live in the same state as the child and custodial parent.
North Carolina Child Support Centralized Collections:
Set up online access to your child support case, whether you are the parent paying or receiving the child support; apply for child support services,
Wake County Family Court Rule 10:
This Rule lists the documents that are required to be provided to the other party whenever there is a claim for child support
Certification of Initial Disclosures (Support):
This Wake County Family Court Local Form lists the documents you are required to produce whenever there is a claim for child support.
This Rule lists the documents that are requried to be provided to the other party whenever there is a claim for spousal support.
Instructions for Completing Your Financial Affidavit:
Your Financial Affidavit outlines your monthly income and expenses, and is required to be completed whenever there is a claim for spousal support (alimony or postseparation support). In this handout, our firm gives you instructions to help you determine your monthly income and expenses.
Let Microsoft excel do the math on your Financial Affidavit for you!
Mint.com is a great, free resource by Intuit (makers of TurboTax, Quicken) that allows you to have all of your financial accounts in once place. It is very helpful for helping you track, determine and manage your monthly expenses, and once it is set up, can basically complete your Financial Affidavit for you!
Certification of Initial Disclosures (Support):
This Wake County Family Court Local Form lists the documents you are required to produce whenever there is a claim for spousal support.
Domestic Violence Forms
Here are the forms required to file a domestic violence protective order:
Instructions for Domestic Violence Forms (AOC-CV-303 Instr):
Complaint and Motion for Domestic Violence Protective Order (AOC-CV-303):
Ex Parte Domestic Violence Order of Protection (AOC-CV-304):
Notice of Hearing on Domestic Violence Protective Order (AOC-CV-305):
Domestic Violence Order of Protection/Consent Order (AOC-CV-306):
Identifying Information About Domestic Violence Action (AOC-CV-312):
Civil Summons Domestic Violence (AOC-CV-317):
Victim Information Sheet (AOC-323):
Domestic Violence Information Sheet
Interact of Wake County:
Interact is a private, non-profit, United Way agency that provides safety, support and awareness to victims and survivors of domestic violence and rape/sexual assault. The organization is supported by volunteers and the community.
Whenever a claim for custody is filed, the parties must attend custody mediation unless they are exempted from the Courts. Here is the link to the North Carolina Statute regarding the process.
Triangle Family Services:
This organization sponsors "Time Together," a local program which facilitates supervised visitation between non-custodial parents and their children at their office, located on Western Boulevard near interstate 440 in Raleigh. They also provide custodial exchange services so that the parents don't have to see each other face-to-face
Here is a great website that allows you to keep track of when you or your child's father/mother has the child(ren). Keeping a custody calendar is one of my MOST IMPORTANT recommendations!!!!!!!!!!!!!!
Website that allows parents to find mid-way meeting locations for custody exchanges, including restaurants, gas stations, parks, etc.
This is a great website that provides parents with information about obtaining passports for children and what to do if you think the other child's
parent might flee the county with your child
These guidelines, published by the American Academy of Matrimonial Lawyers, outlines custody arrangements for all ages of children.
This video Legal Aid video describes the steps in a typical custody trial in North Carolina. The video assumes that a custody case has already been filed in the court, and is designed for people who cannot afford to hire a private attorney to address their cutsody issues.
This Legal Aid video walks you through how to file a lawsuit for custody and visitation in North Carolina. It is intended for people who cannot afford to hire a private attorney and takes you through step-by-step on what forms need to be completed, what information is needed, and where to file the lawsuit.