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Family Law In North Carolina
We act on behalf of families in need of an experienced
attorney in the areas of:
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Legal separation laws in North Carolina
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Quick Divorce in North Carolina
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North Carolina child custody laws
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North Carolina child support laws
Find some of the answers surrounding North Carolina
domestic law below. |
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What is Family Law?
Family Law generally involves matters concerning marriage, divorce ("dissolution of
marriage"), legal separation, nullity (annulments), actions under the Uniform Parentage
Act (sometimes referred to as paternity suits),child custody, child support, spousal
support (alimony), property rights between spouses, domestic violence, adoption,
emancipation of minors, and family mediation and conciliation services.
North Carolina's Rules of Court and the North Carolina Welfare and Institutions Code
also contain provisions applicable to family law proceedings. Case law issuing from
appellate courts and the Supreme Court explain the application of the statutory laws.
Common law is based on judicial precedent. Please note that guardianship proceedings
are set forth in North Carolina's Probate Code.Individual family law practices might also
include actions for contempt of court, guardianships, adoptions, juvenile court
proceedings, or aspects of those proceedings.
Some Family Law attorneys will pursue or defend actions for contempt of court, but the
trend is to refer those matters to colleagues currently practicing criminal law, including
district attorneys. Similarly, appeals are often referred to those specialists. As state and
federal laws and procedures become more and more complex, the trend continues toward
practicing in select areas or sub-areas of the law. ts. The staff at The Law Offices of
Kathleen Murphy are geared toward client service and client satisfaction
What Is Special about Family Law?
Compared to other civil matters, Family Law generally involves issues which are
extremely personal and sensitive. Domestic violence may be involved. Parties often
experience strong emotions: fear, denial, anger, depression, grief, self-doubt, remorse,
loneliness and abandonment. A party's lifestyle, personality, moral code, self-identity,
goals and beliefs may be under attack. A party might believe that he or she is losing
everything and everyone important to him or her--that his or her life has been or will be
destroyed. It is true that friends, neighbors and relatives might take each other to court
over other types of disputes (e.g., contesting a Will, partitioning real property, seeking
damages arising from a fallen tree), but the intimacy between the parties is the very basis
of the Family Law matter.
Unlike plaintiffs in personal injury lawsuits, which are generally undertaken by attorneys
on a contingency fee basis, Family Law clients are expected to advance attorney fees and
other litigation costs. Unlike legal fees incurred in the course of commerce, Family Law
litigation fees and costs are usually not tax deductible, although there are limited
exceptions. Insurance is rarely available or sufficient. In some legal proceedings a public
defender is appointed or various organizations will undertake to represent a party.
Although there are some free legal services available to a private party in a Family Law
or quasi-Family Law proceeding, the great majority of parties--even those with extremely
modest incomes--often find themselves unable to hire an attorney.
Divorce Lawyers in North Carolina
In most legal matters the entry of a judgment resolves the issues and curtails the
litigation. However, where issues of child support, spousal support, or the custody of
minor children are involved, Family Law parties may find themselves returning to Court
to enforce or modify a judgment. The very steps taken by one party in order to rebuild his
or her life following a divorce can be viewed by the other party as a reason for conflict
and justification for further litigation.
A divorce case may be viewed as a collection of cases. That is, one issue in a divorce
proceeding may be separated from the other issues ("bifurcated"), tried or settled
separately, and rendered into a judgment which will be followed by one or more
additional judgments. The issues typically include: (1) Jurisdiction, which is a particular
court's power to issue orders regarding a particular person or a particular thing; (2) the
nature of the proceeding, which could be a dissolution of marriage instead of an
annulment or a legal separation; (3) the grounds for the proceeding, such as dissolution of
marriage based on "irreconcilable differences" instead of "incurable insanity"; (4) the
characterization and division of property; (5) the custody and parenting issues of the
minor children of the marriage; (6) the rights or obligations between the parties
concerning child support; (7) the rights or obligations between the parties concerning
spousal support, sometimes called "alimony"; (8) the allocation between the parties of
attorneys fees and costs and the basis for such an award from one party to the other.
When Is the Best Time to Seek Consultation?
Before it's too late! Too many people postpone a Family Law
consultation until after they have unnecessarily or unwittingly jeopardized
their legal rights and property. Sometimes the damage is irreversible.
Often, the financial, emotional, and inter-personal costs are substantially
increased by the delay in obtaining legal assistance or advice. Before
the family unit is formed, before someone moves out of the house,
before the parties enter agreements (which may or may not be legally
binding, but which if broken can create havoc), before someone moves
out of state, or before property is transferred--these are the some
of the critical times to seek a consultation. It may be unpleasant
for clients to confront reality and to be advised about the details
of their legal obligations as well as their legal rights, but the
bad news often becomes worse news through procrastination. Furthermore,
good news might have been better news at an earlier point in Time. |
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