Family Law

Equitable distribution in North Carolina means dividing assets fairly, not necessarily equally. Each spouse may have different priorities, such as keeping the family home for the children. We work closely with you to understand your goals and protect your interests, whether through litigation or negotiation.

The marital estate includes property acquired during the marriage, but not all assets are subject to division. Separate property, like assets acquired before marriage or after separation, is usually excluded. However, if the value of separate property increases during the marriage due to contributions from both spouses, that increase may be considered marital property.

Child custody matters are challenging and emotionally charged, whether parents are divorcing or were never married. We focus on the children’s needs, helping parents navigate custody cases with the children's best interests in mind.

Custody decisions go beyond living arrangements, considering factors like the child's age, health care and financial needs, and education stability. While custody decisions are becoming more balanced, each case is unique. We work closely with our clients to protect and preserve parent-child relationships, ensuring decisions prioritize the children's well-being.

Child support issues can be particularly challenging during a divorce, but with the help of an experienced attorney, you can ensure your child's needs are met while maintaining your financial stability. At Maitland & Stiffler, we focus on the children's needs in child support disputes and agreements, considering their educational and health care requirements and the time each parent will spend with them. By working closely with our clients, we often achieve more customized child support plans and modifications than standard calculations allow.

In North Carolina, child support is calculated based on guidelines that consider each parent's gross monthly income, the number of children, custody and visitation arrangements, child care costs, and benefits like health care or life insurance. Additional child care needs must be outlined in agreements between parents. In complex cases, determining child support may lead to litigation. We are prepared to aggressively represent you in court but also seek to negotiate favorable settlements outside of court to save you money, stress, and time.

In North Carolina, spousal support, or alimony, is considered during divorce proceedings to ensure financial stability for both parties post-divorce. The court assesses each party's financial status, assets, and legal responsibilities. Not all divorces involve alimony, but when they do, the goal is to provide fair financial support to the lower-earning spouse. Each case is unique, with different assets and financial contributions to consider, and understanding your responsibilities and rights is crucial for a favorable outcome.

Spousal support is often a contentious issue in divorce, with one party seeking to minimize payments while the other seeks to maximize them. Calculating support involves analyzing factors such as job status, income levels, job skills, employment opportunities, and health care needs. These factors can affect one's ability to earn income and may require spousal support for a designated period, such as until the recipient remarries or achieves financial independence. Addressing these details in spousal support agreements is essential to ensure fair and adequate support.

Life changes can significantly impact your divorce agreements. Remarriage, additional children, new jobs, or relocation can all affect existing support payments and custody arrangements. It's essential to seek legal solutions through post-divorce modifications or enforcement to avoid falling behind on support payments or violating custody arrangements. Our experienced team handles various family law issues, including modifications and enforcement of child support, custody, and spousal support orders.

North Carolina law allows for adjustments in support and custody arrangements due to changing circumstances, such as unemployment, remarriage, or health issues. Modifications can be temporary or permanent, based on the family's needs. Reductions in support payments or parenting time may be warranted, while upward adjustments might be necessary if one party's living standards improve. If agreements are not upheld, court-ordered enforcement may be required, and persistent non-compliance can result in contempt charges, fines, or even jail time.

In the event when you do not wish to divorce, a separation agreement may be right for you, as it would allow you to set boundaries with your spouse as you live separately but still married.

Entering into marriage is an exciting time, but it's important to consider the legal implications. Marriage acts as a business contract, tying spouses to each other’s financial interests and liabilities, especially when children are involved. Before getting married, it's wise to think about what would happen in the event of a divorce or separation. We assist couples with drafting, negotiating, and reviewing prenuptial and postnuptial agreements.

During these sensitive proceedings, we help clients make levelheaded decisions by asking critical questions and planning for contingencies. Considerations include property ownership, inheritance for children from prior marriages, debt responsibility, financial rights during marriage, and the division of business ownership and retirement benefits. We ensure premarital agreements align with estate planning documents to provide comprehensive protection and clarity.