Yesterday I congratulated Steve Black for receiving his Board Certification as a Legal Specialist in Real Property Law – Residential Transactions. We have also been informed by the North Carolina State Bar that three of our attorneys, Keith Black, Carole Albright, and Ashley Bennington have been named Board Certified Specialists in Family Law. “Family law” broadly includes divorce litigation; child custody, visitation and child support; equitable distribution; separation agreements; post-separation support and alimony; and family law mediation and arbitration. The NC State Bar began certifying lawyers as legal specialists in 1987. The requirements for legal specialization include being substantially involved in the practice area for at least 5 … Continue reading →

Unfortunately there are times following a marriage that parties realize that their marriage is not going to work. When this happens within a relatively short time following the marriage, we are often asked by clients, “Can’t I just get an annulment?” In North Carolina, annulments are only granted based on limited circumstances set forth by statute. Those circumstances include: · When the parties are first cousins or closer in relation; · When one of the parties was under the age of 16 at the time of the marriage, unless there is a court order in place, the female party is … Continue reading →

Your spouse has confronted you with evidence that confirms that you have been having an affair. Does this mean that she/he gets everything from the marriage…all your hard earned dollars, your home and other property? Does it mean that you will have to start over from scratch? The simple answer is NO. Adultery, whether you are the adulterer or the wronged spouse, is not a factor set out by law as having any effect or relevance to equitable distribution of the property that you have acquired during the marriage. North Carolina General Statute 50-20 and following establishes what property is … Continue reading →

If you are involved in any matter which may potentially be litigated, including divorce, it is the best practice not to post anything on social media.  If you are separating from your spouse, keep in mind that nearly everything you post, tweet, Instagram, email and text is public and fair game in litigation.  Your communications, location, relationships, purchases, and more can be easily uncovered through use of your computer or cell phone and it is highly unlikely that any information gained through social media will be protected from discovery in litigation.  Further, just because you “delete” a post, text, etc., … Continue reading →

There are primarily three ways attorneys charge clients for legal services: hourly rates, contingency fees and flat fees. So what should you expect regarding attorneys fees if you have a family law issue? With most family law issues, attorneys bill by the hour.  This is because it is difficult to estimate how long each case will take.  Hourly rates vary depending upon the experience of the attorney, the average hourly rate in the area in which you live and the complexity of the case and our attorneys endeavor to ensure that clients are charged a fair fee.   Generally, most attorneys … Continue reading →

Checklist for obtaining an simple absolute divorce North Carolina: 1.  Husband and/or wife must have been a resident of North Carolina for at least six months prior to filing for divorce. 2.  Husband and wife must be legally married and the date of marriage and place of marriage must be stated in the divorce complaint. 3.  Husband and wife must have been physically separated from one another for more than one year prior to filing the divorce complaint.  Physical separation requires living in separate residences. Living in separate parts of the same house or on separate parts of the same … Continue reading →

What does “BEST INTEREST OF THE CHILD” really mean? For many lawyers this is the catch phrase that we tell our new clients when we are asked the following question: “How does a Judge decide where my child will live?” It is a phrase that seems simple yet like an onion when it is peeled back it reveals many layers that are neither set in concrete or consistent in weight. I explain to me clients that a Judge will be concerned about a number of different factors and they are as follows, in no particular order of importance and by … Continue reading →

Do get advice from an experienced family law attorney in your area.  Ask your family, friends, colleagues for their recommendations because issues involving separation and divorce are complex and good advice from an attorney you trust is critical. Don’t move out of the marital residence before getting advice from an attorney unless there is violence in the home or other safety concerns that warrant moving from the residence. Don’t sign any agreements or court orders without the advice of an attorney. Don’t discuss affairs or relationships with third parties with your spouse or anyone else other than your attorney. Do … Continue reading →

Clients often ask “what does it mean to be separated?” First, you must be physically separated meaning you and your husband or wife have to live at separate addresses – it is not enough for the spouses to be sleeping in separate bedrooms or in separate parts of the house.  Prior to physical separation, it is advisable to enter into a Separation Agreement to formalize your intention to live permanently separate and apart from one another.  The Separation Agreement will waive certain marital rights, such as estate rights or the right to share in the future assets of the other … Continue reading →