Property Divorce & Child Custody

When a couple divorces, how is separate property divided? Moreover, How is child custody determined?

Separate property is property/assets acquired before the date of marriage or acquired during the marriage as an inheritance or bequest.

Separate property is not divided. In a divorce, separate property remains the separate property of the spouse who acquired it.

Child custody is typically 50/50 unless facts or circumstances sway a judge to order something other than 50/50, which means that a 50/50 schedule is not in the children’s best interests or it is impractical or impossible to follow. The custody/visitation schedule must be in the best interest of the minor children.

Check out our article Common Child Custody Schedules for an explanation of different types of custody and visitation schedules.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Thanks to guide me about my query.