Family Law and Divorce
Our firm is here to represent you in the following areas of Family Law in North Carolina:
- Domestic Consultations
- Separation Agreements
- Divorce – Absolute Divorce and Divorce from Bed and Board
- Annulments
- Post separation Support and Alimony
- Equitable Distribution of Property
- Child Custody
- Child Support
- Paternity
- Domestic Violence
- Prenuptial Agreements
- Adoptions
Divorce Issues
Dealing with a divorce isn’t a fun thing. And because it is one of the most stressful issues you will ever deal with, it is important to have both personal and professional support. This emotional situation requires calm and well thought decision making. Thus you need a knowledgeable attorney to keep you informed of your options during the process.
Domestic Consultations
Contemplating a separation or divorce is difficult, regardless of whether you are 100% sure that divorce is the right choice or if you are still considering your options.
Thus involving an experienced attorney early on in the process is important to preserving your financial and emotional well-being in the long run. A domestic consultation involves us sitting down to discuss you specific situation. We can then offer you the legal options that you have so that you can make a more informed decision as to what you decide to do.
Divorce
Absolute divorce – Also referred to as a “simple divorce”. To obtain an absolute divorce in North Carolina, you and your spouse must be physically separated for a period of 12 months. After residing separately for 1 year, you are entitled to an absolute divorce.
The divorce means that you are no longer legally married. However other issues involved in the divorce such as alimony, equitable distribution of property, child custody and support, will still need to be resolved.
Divorce from Bed and Board – This type of divorce is filed when you and your spouse are unable to voluntarily separate. This is a fault based legal separation.
Upon the entry of the order for divorce from bed and board, the party deemed at fault will be asked to leave the marital home by the court.
Annulments – A marriage in North Carolina may be annulled if the marriage is:
- Between any two persons nearer of kin than first cousins
- Between any two persons who are double first cousins
- Between a male and female in which either party is under sixteen (16) years of age
- Between persons either of whom has a husband or wife living at the time of such marriage
- Between persons either of whom is at the time physically impotent
- Between persons either of whom is at the time incapable of contracting from want of will or understanding
- A marriage contracted under a representation and belief that the female partner to the marriage is pregnant, followed by the separation of the parties within forty-five (45) days of the marriage which separation has been continuous for a period of one (1) year, shall be unless a child shall have been born to the parties within ten (10) months of the date of separation
If an annulment is granted, the marriage is declared void from time of inception and no rights of marriage will exist.
Post separation Support & Alimony
Alimony is support paid by the supporting spouse to the dependent spouse and should be determined during the negotiations or separation through court.
Whether alimony should be paid and how much should be paid is determined on a case by case basis through negotiation. Post separation Support is the same as alimony but it is paid after the legal separation but before the divorce settlement has been reached. Many different factors play a role in alimony such as length of marriage, fault of divorce, & income of both parties. It is important to have a knowledgeable attorney working hard for you throughout this process. Contact our office to schedule an appointment.
Equitable Distribution of Property
This refers to the process of dividing the assets and liabilities between the two parties involved in a divorce. It is important to have legal expert advice during this process to help evaluate insurance policies, 401(k)s, stocks, IRAs, pensions, trusts, estates, and so forth. Consulting with an experienced attorney can help ensure that the distribution isn’t one sided.
Child Custody
Determining which parent a child should reside with is definitely hard on both parties involved. There are sole custody and joint custody and all types of visitation arrangements. If both parents aren’t able to resolve the issue, the courts can determine custody for you. We will work hard to help you with your child custody issues.
Child Support
In most cases, child support is ordered by the court when the child resides with one parent instead of both. Each state has guidelines used by the courts to determine child support. North Carolina uses a formula to determine the amount of child support, but this isn’t an exact method. The court can determine that more or less be paid based on other factors.
NC Child Support Guidelines
NC Child Support Calculators - Primary Custody
Joint/Shared Custody
Split Custody
Paternity
When paternity is questioned we can help to get it resolved and move forward with any legal actions necessary for child support.
Domestic Violence
If you feel as though you have been a victim of domestic violence, please contact us to discuss your rights.
Prenuptial Agreements
Also known as Premarital Agreements can help you to protect any assets you have prior to you marriage. If you have considered a prenuptial agreement, call us for a consultation to discuss your options.
Adoptions
Chapter 48 of the North Carolina general statues covers all aspects of adoptions in North Carolina. These statues and procedures involved in the adoption process must be strictly followed for an adoption to become legal, thus it is extremely important to seek counsel from an experienced attorney. We can help to make the adoption and name change process as smooth as possible. For more information, please contact our office to schedule an appointment.
DISCLAIMER: The information contained within this and any information related is intended for information purposes only and should not be construed as legal advice. Specific legal issues require the advice of appropriate legal counsel. Consult an attorney regarding your own situation. |
