In matters of family law, many people do not seek legal advice because they believe it to be too expensive or because they believe that they just do not need the assistance of an attorney. Many areas in family law are very complex and difficult for the lay person to understand. Trying to negotiate your way through them by yourself or without legal advice can have serious and often irreversible consequences. Many people are saved from potential disaster by consulting with an attorney before they leave their spouse or attempt to handle legal matters on their own.

Just because the other person has an attorney does not mean you do not need one. That attorney does not represent you nor do they have any obligation to you. They cannot give you legal advice or assistance

You need an attorney who is experienced in North Carolina family law, works in your best interests, and keeps current with the law. You need an attorney you can trust.

Throughout my legal career I have always believed that attorneys need to be affordable and have set my fees accordingly. The cost of a 1 hour initial consultation in family law matters is $100. My fee for a simple uncontested final divorce is $300.

*For a limited time, I will discount my normal hourly rate of $200 by 20% in family law matters for any client mentioning this offer on this web site. This discount does not apply to my flat rates, such as initial consultation or uncontested final divorces. 

I do not accept debit or credit cards.

Please call me today at 704-333-0312 or email me.

How much does a divorce or family law case cost?

It always depends upon the complexity of the case and number of legal issues that may be contested. Once I ascertain the essential facts, after an in-person interview, I can then estimate the potential legal fees.

How long will the process take?

The time needed to complete a family law matter depends on many factors, including the degree to which you and your spouse can agree on certain matters. I can offer general guidelines on the length of time  which you are likely to experience in your particular case.

What will we discuss during our initial consultation?

In most cases, we will discuss several topics, including:

1. Possibility of solving marital problems through counseling.

2. Assistance to you as a parent in meeting the needs of your children in determining child custody and visitation.

3. Grounds for divorce.

4. Financial matters involving child support, alimony, and equitable distribution of property acquired during the marriage.

5. Legal rights and responsibilities of the parties.

6. Procedures in court.

7. Restraining orders and the Domestic Violence Act.

8. Procedures in the lawyer's office for handling the case. I will discuss financial arrangement for legal services and court costs at the first meeting.

How is a Divorce started? 

Generally, you can start an absolute or final divorce in North Carolina only after you have been physically separated from your spouse for at least one year and have not resumed the marital relationship during that time.

However, other claims and issues resulting from the marriage need to be addressed sooner. Such other claims that can be pursued once the parties have separated are child custody, child support, visitation, spousal support, alimony, and equitable division of marital property.

Will or can the Court make any temporary decisions?

Normally, once a lawsuit has been instituted, which involves minor children of the marriage, a hearing for temporary child support is scheduled. At the time a lawsuit is filed, an order of the court will issue directing the parties to attend parenting classes and mediation. Only if a spouse can show good cause and the need for the Court's immediate intervention, will the Court make other temporary decisions about:

Temporary custody of minor children.

Temporary restraints to keep your spouse from interfering with your personal liberty.

Who will live in the home which you and your spouse formally shared.

Temporary support payments for a spouse. 

Limitations of disposal of property to insure payments of support, or to protect a spouses share in that property.

Visitation rights to the parent who does not have physical custody of the children.

Any other temporary orders at the request of a spouse or because the judge believes it will be fair and equitable.

Will there be alimony? Post-separation support?

The judge will decide these and other issues after hearing what is presented in court. The final decision will depend on the testimony and evidence which is given in court regarding the financial incomes and abilities of each party and fault factors which led to the breakup of the marriage. The court may award post separation support and alimony. Post-separation support is paid only for a limited period of time and is designed to help a spouse in transitioning from the financial condition based on both parties' income and contributions to that of self sufficiency of the separated dependent spouse. A lawyer will help you to make your needs and wishes clear to the judge.

What is a "No Fault" divorce?

"No Fault" is the term some people use to describe a divorce in which the cause for court action was separation of twelve or more months. If a husband and a wife have lived separate and apart for that length of time without resuming the marital relation, either may file for divorce. The cause is the length of separation. Neither spouse is required to offer any evidence of fault. "No fault" does not mean uncontested since a spouse may file for support and division of property at any time prior to the entry of a divorce judgment. A true uncontested divorce occurs when all economic and non-economic issues  have been settled.

Do I have the right to "kick" my spouse out of the house once I file for divorce?

If both of your names are on the deed for the house, then you both have the right to keep that as your residence. However, generally speaking, the court addresses legal issues of the marriage only after the husband and wife have separated. Our courts have the authority to separate parties who are still living together, but this is only on a proven need basis, (for example, threats of imminent serious harm, etc.)

What will happen to the house and all the things we've bought since the marriage?

In North Carolina each spouse is entitled to a fair share of all the property acquired during the marriage. If the parties are unable to negotiate the terms of property distribution, the judge will decide on an equitable distribution of property after a trial on the evidence and testimony. Equitable distribution is presumed to require a 50/50 split of marital property unless a party can prove such a division is not fair. Moreover, in making the division of assets, the court may not consider marital fault or the reasons for the divorce unrelated to the financial aspects of the marriage.

What do I do if my spouse has filed for divorce?

You should consult a lawyer promptly for advice. You may contest the reason claimed for the divorce, and/or contest child custody, child support, alimony, and equitable distribution by filing the proper documents.

Even if you agree to a divorce, you should consult an attorney immediately for professional advice on all other issues in your case so you understand the choices you can make and the possible consequences of doing nothing.

What are the grounds for divorce in North Carolina?

Under North Carolina law, divorce is generally based upon at least a one year separation of the husband and wife, who have not resumed their marital relationship at any time during that year. However, an absolute divorce in North Carolina not only ends the bonds of matrimony between the parties, but also terminates either spouse's claims for spousal support, alimony, and an equitable division of property unless said claims are made and pending before the court at the time the final divorce is granted.