Category Archives: Family Lawyer

Lemon Springs Family Law Attorney: How Debt Is Affected by Divorce

While much of a divorce case centers on how property will be divided between the parties, a Lemon Springs family law attorney can recommend taking a careful look at the debt that is involved in the case.  By tending to this aspect of the case, a Lemon Springs family law attorney can help his or her client start off on firmer financial footing after the divorce.

If a person is legally responsible for a debt, this does not change simply because they got divorced.  Even if an ex agrees to pay for a debt that is in the other spouse’s name, the family court does not have jurisdiction over creditors.  Some spouses may agree to take on additional debts and then decide after the divorce that they want to get back at the spouse and do so by wrecking his or her credit.  Creditors generally have the legal right to pursue the indebted spouse regardless of what the divorce decree states.

In order to avoid some financial issues related to divorce, some spouses may close out joint accounts or by removing the other spouse’s name from the account if he or she is no longer responsible for it.  This can help prevent last minute charges that are made on the accounts and help the spouse start to re-establish credit in his or her own name.  If a spouse misses a payment on a joint account or an account that is in the other spouse’s name, this will impact the spouse’s credit.  A divorce lawyer may make recommendations specific to the case, such as selling off property to pay off joint debt or refinancing the mortgage in the spouse’s sole name.

Minimizing Conflict with the Help of a Family Law Attorney in Broadway NC

Family law matters are some of the most emotional and contentious due to the high stakes.  These legal issues may involve a couple’s children, property and livelihood.  When going through such turmoil, it is important that each party be represented by a different family law attorney in Broadway North Carolina.  A family law attorney in Broadway North Carolina is familiar with family law issues and can take steps to minimize conflict such as:

Handling Communication 

When two parties are involved in a dispute, it is common for their legal counsel to recommend not communicating with the other party about the dispute.  Any negative communication may later be used against them.  However, a lawyer can handle communication with the other party or with his or her attorney if the other party is represented.  Being able to detach from the situation can often help minimize any potential drama.

Making Recommendations 

A family law lawyer deals with family conflict on a daily basis.  He or she can make recommendations based on his or her professional experience.  For example, a family law lawyer may recommend distancing from social media while a case is pending.  Staying connected to a social media account of an ex often leaves a person emotionally invested.  A family law lawyer may also suggest mediation as a way to help resolve some of the issues and to preserve a more positive relationship between the parties.

Negotiating 

A skilled family law attorney can advocate on your behalf without frustrating the process.  He or she can represent your best interests and negotiate a fair settlement of the case.  In divorce, this may mean pushing for certain assets.  In child custody cases, this may mean fighting for more time with the children.  He or she zealously represents the client’s interests.

Cases that a Lemon Springs Family Law Attorney May Handle

A Lemon Springs family law attorney may handle a wide variety of cases.  Different attorneys may focus their practice on different cases.  When looking for a Lemon Springs family law attorney, find someone who has experience in the particular family law matter that you are dealing with.  Family law cases include:

Divorce

One of the most common family law cases is divorce.  Most spouses today divorce based on no-fault grounds, stating that they simply have differences that cannot be corrected and would prefer for the state to terminate their marital relationship.  However, there are also fault-grounds.  Family law attorneys assist with the legal pleadings and negotiations involved in divorce.

Child Custody, Visitation and Parenting Plans

Lemon Springs family law attorneys may also be called upon to assist with matters related to child custody.  This may be part of a divorce action or a separate action.  They try to show that the court should make an order as requested by the party who they are representing because this would be in the best interest of the child.  Lemon Springs family law attorneys also represent parents who have already received a court order related to child custody but who want to modify it because of changes that have occurred.

Adoption

Family law attorneys assist parents who want to adopt a child.  This may involve domestic adoption or international adoption.  It can also be for stepparent adoption. 

No Contact Orders 

If domestic violence has occurred in the romantic relationship, the abused victim may ask the court to order the abuser not to have any contact with him or her.  Family law attorneys can assist victims with filing for a protective order.  They also represent people who are falsely accused of misconduct.

Why You Need a Family Law Attorney in Broadway NC

Divorce just may be one of the most emotionally challenging life experiences one can endure.  However, if you are considering a do-it-yourself divorce, there is a high likelihood that you may turn an already difficult process into an unbearable one.  Hiring an experienced family law attorney in Broadway North Carolina is the single most important first step you can take once you or your spouse has made the choice to end your marriage.  Before you make any decisions related to getting a divorce, you should consult with a family law attorney in Broadway North Carolina.

North Carolina divorce law requires that at least one of the parties in a marriage must have resided in the state for at least six months prior to one of the parties filing for divorce.  The Divorce Complaint needs to specify the grounds upon which the divorce is being sought.  For example, in North Carolina, either party to the marriage may file for divorce under no-fault grounds if the couple has lived separate and apart for at least one year.  Otherwise, a divorce must be filed under fault grounds which requires that one of the spouses have committed one of the following acts:

  • Abandoned his or her family;
  • Maliciously turned the other out of doors;
  • By cruel or barbarous treatment endangered the life of the other;
  • Offered such indignities to the person of the other as to render his or her condition intolerable and life burdensome;
  • Became an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome; or
  • Committed adultery.

Other more complicated legal concerns involve division of marital property, spousal support as well as child custody and support.  Proper legal guidance regarding these issues is necessary to ensure your rights are protected, so make sure to hire competent legal counsel.

How Can a Family Law Attorney in Broadway NC Help You?

Family law attorneys in Broadway North Carolina are experienced in an array of issues.  They do not simply handle divorces, as many individuals may think.  Though a family law attorney in Broadway North Carolina can certainly help you with a divorce, he or she may also represent you in child custody disputes, child support disagreements, and the enforcement of previous family court orders.

Do you really need an attorney to represent you in family court? After all, many individuals seem to represent themselves with little issue.  The answer is that it is always wise to seek the advice of a family law attorney when you are dealing with the family court.  Those individuals who seem to easily represent themselves in family court may not find out they made serious mistakes for several years.  For example, a single word in a family court agreement can make a major difference in its meaning.  Use the improper word, and you may cause major damage to your case.  To make sure your rights are adequately protected, and your interests are fully represented, you should hire a family law attorney.

A family law attorney can even help you keep your case out of court, saving you thousands of dollars in legal fees.  Many family law attorneys recommend mediation to see if the parties can settle their dispute outside of court.  During mediation, a mediator works with the parties to help them negotiate a solution to their dispute.  If you are unaware of your legal rights during mediation, you may unknowingly agree to something that never would have been ordered in court.  Without an attorney by your side to represent you during mediation, you risk weakening your position in your case.

For any issue that involves family court, it is wise to seek experienced legal counsel.

Choosing the Right Lee County NC Family Attorney for Your Divorce

It can be difficult to know where to turn, when you are suddenly faced with divorce proceedings.  Your first step should be to hire a Lee County NC family law attorney to represent your needs in court.  The biggest problem that many spouses face however, is finding the right Lee County NC family law attorney to take care of the divorce proceedings for them.  With that being said, read on below for some tips to help you choose the right attorney for you.

Do Your Research

The first thing you will need to do is research.  Don’t hire the first attorney you come across.  Every attorney charges different fees and not all family attorneys are the same.  Hiring a lawyer that specializes in family law and divorce is very important.  You never want an attorney that doesn’t know his field.  For example, you wouldn’t hire a plumber to wire the electricity in your new home, so you don’t need to hire a real estate lawyer to represent you in divorce court.

Schedule a Consultation in Person

Never hire a family lawyer just by talking to them over the phone.  Make an appointment for a consultation and make your decision based on that meeting.  It is important for a client and their attorney to have trust between them.  Always be upfront, open with your attorney, and expect the same from them as well.  If you feel uncomfortable at any point during the consultation, excuse yourself and move onto the next attorney on your list.

Hiring a reputable family attorney to represent you during a divorce isn’t easy, but it is possible to find the right one to suit your needs.

Why You Should Hire a Family Law Attorney for Child Custody Modification

If you want more time to spend with your children but are held back by a child custody dispute, you should hire a family law attorney in Broadway to strengthen your case.  Your family law attorney will know exactly how to handle your particular situation and will do their best to help you increase your child custody.  Divorce is hard for everyone involved, especially the children.  They do not need to see their parents fighting over who should spend the most time with the kids.  It is best to hire a lawyer that will help you not only keep your cool, but do things the legal way.

Child custody modifications are tricky and a conundrum in itself.  The easiest way to have a chance at modifying your child custody agreement is with a hired family law attorney with experience.  They will fight for your rights as a parent and will do the best they can do to help you.  The time spent with your father will be well worth the money you spend on your attorney.

Family law attorneys will work directly with you to ensure that you understand all the necessary steps to win your child custody modification.  The lawyer will spend as much time and energy possible to help you win your appeal.  Ensuring that you will be able to win your child custody modification with the help of your family law attorney in Broadway.  Hiring an attorney is your best bet when seeking a child custody modification.

Do I Need a Family Lawyer for Divorce From Bed and Board?

North Carolina is a unique state—from its gorgeous beaches to its amazing barbecue, there are a few things that really set the Tar Heel State apart and North Carolina’s divorce laws are among them.

North Carolina is among the states that require a married couple seeking a divorce to live under a separation for one year before a divorce can be granted, which requires both spouses to file paperwork and agree on when the separation began and when it will end.

In the case of an uncooperative spouse that refuses to actively participate in a divorce, North Carolina offers what’s known as a divorce from bed and board.

It is a fault-based legal action that does not dissolve a marriage, but will official recognize and begin the separation “clock,” if you will. In essence, it’s a court-ordered decree of separation.

Divorce from bed and board filings must be fault-based and North Carolina family courts recognize the following six criteria in granting the decree:

  • Abandonment
  • Maliciously turns the other out of doors.
  • By cruel or barbarous treatment endangers the life of the other
  • Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome.
  • Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome.
  • Commits adultery

Have you attempted to file for legal separation from your spouse in North Carolina and find yourself getting nowhere? You’re likely a candidate for a divorce from bed and board decree and your best plan of action is to hire a North Carolina family lawyer to help you best protect yourself and your family moving forward.

How to Vet a Family Law Attorney

Whether it is a trust, an adoption or a divorce chances are high that the time will come when you’re going to need assistance from a family law attorney in Lee County.

But where do you start?  How do you know you’re finding the best help for your situation?

Here are a few tips to help you make the best choice in attorneys for your particular situation:

Understand what you need

The first step in finding the right solution to your law needs is to understand your problem.  There are several online databases and forums to help you research your particular legal matter.  This won’t substitute actual quality counsel, but it will help you be more specific and more educated about your issue when speaking with potential attorneys.

Appreciate word-of-mouth references

Nothing beats first-hand client references when you’re searching for an attorney to help you.  Ask trusted friends and colleagues for names and references and pay particular attention to the good and the bad.

If you’re having a hard time finding people in your network who have experience with local attorneys, the next step is to create you short list of candidates from online and phone book searches.  Look for firms and practitioners with professional web sites and easy-to-find contact methods.

Search online peer and client reviews

While you won’t get all the answers you need, peer review sites and client reviews on popular review aggregate sites will give you valuable information on your list of candidates.  When sitting down to meet with potential attorneys, ask any questions that come to mind in light of your research and personal references.  This is your chance to get to know how an attorney operates and whether you’d be compatible as a team.

What Should I Do before Hiring a Family Law Attorney for My Divorce?

Although many people have the impression that you should only speak with a Lee County family lawyer after you have made the final decision to divorce or after you have received divorce papers from your spouse, it’s actually better for you if you speak to an attorney as soon as you intend to separate.  There are many misconceptions out there about what happens in a separation and divorce, so you should seek experienced counsel from a Lee County family lawyer sooner rather than later.

Do not rely on advice you receive from family and friends until you have had the opportunity to consult with a lawyer.  In order to avoid speculation based on anecdotal advice, it’s always in your best interests to hire an attorney at the outset so that you are clear about both your rights and responsibilities if you decide to move forward.

In order to get an accurate gauge of your divorce, the attorney may ask you some questions during an initial consultation.  He or she will be doing so for the purposes of learning what primary issues are at stake in your divorce, such as child custody, division of property, spousal support, and child support.  Meeting with an attorney for a consultation does not require that you hire him or her at the conclusion of the meeting, but it can give you a lot more accurate information about the specifics of separation and divorce in the state of North Carolina.  It is always better to be well-informed so that you can make an educated decision about your future.