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North Carolina Divorce Laws Continued

By Cathy Meyer, About.com

SPOUSE'S NAME:

A woman, upon application to the clerk of court, may change her name to:

  • Her maiden name.
  • The surname of a prior deceased husband.
  • The surname of a prior living husband if she has children who have that husband's surname. A man whose marriage is dissolved by decree of absolute divorce may, upon application to the clerk of court of the county in which he resides or where the divorce was granted setting forth his intention to do so, change the surname he took upon marriage to his pre-marriage surname.

[Based on North Carolina General Statutes, Chapter 50, Section 50-12]

CHILD CUSTODY:

In contested custody cases, custody placement is determined by the best interests of the child. In making the determination, the court shall consider all relevant factors including acts of domestic violence between the parties, the safety of the child, and the safety of either party from domestic violence by the other party and shall make findings accordingly. Between the mother and father, whether natural or adoptive, no presumption shall apply as to who will better promote the interest and welfare of the child.

Joint custody to the parents shall be considered upon the request of either parent. If the court finds that domestic violence has occurred, the court shall enter such orders that best protect the children and party who were the victims of domestic violence. If a party is absent or relocates with or without the children because of an act of domestic violence, the absence or relocation shall not be a factor that weighs against the party in determining custody or visitation. [Based on North Carolina General Statutes, Chapter 50, Section 50-13.2]

NORTH CAROLINA CHILD SUPPORT LAWS:

The court shall determine the amount of child support payments by applying the North Carolina child support guidelines. If, after considering the evidence, the Court finds by the greater weight of the evidence that the application of the guidelines would not meet or would exceed the reasonable needs of the child considering the relative ability of each parent to provide support or would be otherwise unjust or inappropriate the Court may vary from the guidelines. [Based on North Carolina General Statutes, Chapter 50, Section 50-13.4]

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