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If you have a lawyer who is preparing a Separation and Property Settlement Agreement for you that includes custodial provisions, you should be aware (and if you are not, question this fact) that the Agreement is a simple contract and essentially non-enforceable as to custody.    No sheriff will aid you in enforcing a contract.  If your spouse moves…

The Wake County Family Court has shared the following regarding visitation and custodial exchanges:

Do you have an upcoming court date?  Many cases were re-scheduled in early March, 2020 due to COVID and some of those cases still do not have new court dates.  We will be facing a long back log due to this COVID and our office will continue to engage in the mediation process as an alternative…

Escaping Domestic Violence is still possible during COVID.  The link to Interact is attached and Wake County Domestic Violence Courts are open.   https://interactofwake.orghttps://interactofwake.org

During this difficult time, many will suffer financial hardships.  We are attaching form letters for your use to send to creditors during a time when there may be difficulty making your regularly due payments. It is our sincere hope that your health and well-being remain good and use these forms to manage your creditors.   

Should you be in need of an initial consult with our firm, we are able to schedule an appointment that remains confidential and secure.   Should you have questions or need advice, please contact our office and we will send you a link so that you may speak with Kathleen Murphy directly. All consultations will…

A QDRO is the acronym for a Qualified Domestic Relations Order which allows a private pension plan to separate a pension or a similar retirement account including a 401(k).   If your spouse has a 401(k) or a pension and you have been awarded a share of this asset, you will need a QDRO prepared…

A Parent Coordinator is usually a lawyer or psychologist that is appointed by the Court to assist parents in communication and to make decisions when the parents are unable to agree.  The parties must show the Court that their case is “high conflict” and that the parents have the ability to pay for the services…

A Family Support Agreement should be drafted immediately during a separation such that the parties know their respective monthly obligations and can agree on debt responsibility.   A Family Support Agreement must be by mutual agreement of the parties.   Even if you think your spouse will not cooperate, propose one and work towards a…

In many new situations, parties are separated but there is nothing outlining the debt responsibility.  Many clients want immediate action holding the supporting spouse responsible for the debts but in Wake County, there is such a back log with the court system that any immediate relief is a myth. Here are the 3 rules to…