Divorce Basics in
North Carolina

Some people think that divorce means everything… custody, child support, alimony, etc.   It doesn’t.   It is a status change from being married to being single again. Marriage is a status change from being single to being married.

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You have the power to make a difference in your own life and the lives of other.   We all have limitations; but we all have abilities.

Whether your new year means a separation of another effort to stay in a difficult marriage, my hope is that you focus on what is possible and not on the limits you see in your circumstances.

Scott Allen has practicing law since 1994 and has counseled hundreds of clients through  settlement and has litigated hundreds of cases. Scott is available for consultation or representation by emailing sallen@allenspence.com or calling (919) 863-4183 to schedule an appointment.

Separation Agreements

A contract covering child custody, child support, alimony/spousal support, and property and equitable distribution agreements.


How much money should I expect to pay or receive?

Discovery and Depositions

Infidelity testing, private investigators, and why you’ll want a lawyer at your deposition.

Child Custody

The standard that judges use in a custody cased is the “best interest of the child,” taking into account the needs of the child, the conduct of the parents, and the child’s environment.

Property Distribution

North Carolina is an equitable distribution state, but the judge has the authority to divide property bases upon concepts of fairness and the statute NCGS 50-20.

Child Support

The law in North Carolina on child support presumes that parents have a financial responsibility towards their children.


“Scott was wonderful throughout the long process and it was clear to me that Scott was knowledgeable of case-law and the Wake County Court system, as well as being especially strong in court. His representation resulted in additional parenting time following the temporary custody trial and since the case proceeded to a full trial, I was ultimately awarded the custody arrangement I was seeking. My daughters reside in Wake County and now if my ex-wife chooses to relocate, I’ll have full legal custody of the girls. Throughout the process, Scott was responsive, provided extremely helpful advice, and genuinely cared about the outcome of my case. I would strongly recommended Scott’s representation for custody matters.”   Jon H.

“Scott Allen and his team were sensational during my divorce proceedings. They kept me well-informed of the procedures, requirements, and options. They took the time to explain to me at every step of the decisions and options as we moved forward in my life. Their support, knowledge and presence were comforting in my time of need and help me get through the ordeal. While no divorce is pleasant outcome they help me secure my life and begin a new chapter with a fresh start. Their extensive knowledge of the law and arbitration and negotiation skills were invaluable in getting a good settlement and resolution. I am very pleased that I selected Scott and his team to represent me. I would emphatically recommend Scott and to anyone who is facing a divorce or possibility of a divorce.”    Steven D.

“I was out of options and Scott was there to help. I have spoken to or met many attorney’s in Wake County and Scott was the only one that REALLY actually cared about my situation. It sounds cliche’ but it’s not. I could clearly tell that Scott had given a lot of thought to my case. Scott has extensive knowledge of the law. That knowledge coupled with his cerebral approach and courtroom presence were a savior.”    Ken


Wake County Family Court Rules – In Plain English

Wake County Family Court Rules – In Plain English

Local Law: The Wake County Local Rules   The local rules for every county in North Carolina can be found online: http://www.nccourts.org/Courts/CRS/Policies/LocalRules/ These local rules are important.  They must be followed.  Local rules cover issues of the...

NC Rule 45(f) and the Out-of-State Witness

NC Rule 45(f) and the Out-of-State Witness

Rule of Civil Procedure 45 is where you will find the rules related to subpoenas in North Carolina. In 2011, the NC General Assembly amended Rule 45.  One of the amendments that is very important relates to obtaining discovery from outside the state of NC...

Specific Performance of a Separation Agreement

Specific Performance of a Separation Agreement

Specific Performance is an equitable remedy when there is a breach of  a separation agreement.   The remedy of specific performance is available in an action to enforce a separation agreement when the remedy of breach of contract (which would include...