Articles

A Family Lawyer Can Help Settle Emotional Legal Disputes

By Cynthia Y. Carroll, Attorney at Law

In an era where political correctness abounds, family law is now the term used to refer to the area of law which most lay people commonly think of as ‘domestic relations' or ‘getting a divorce'. However, family law involves much more. Family law refers to all areas of the law that deal with relationships.

The marital relationship is covered in actions for divorce, divorce from bed and board, post-separation support, alimony and equitable distribution.

Divorce: North Carolina is a no fault divorce state. The plaintiff need only show that he or she has been a resident of the state for six months before the action was filed and that the parties have been physically separated for one year.

A divorce from bed and board is a court-ordered separation of the parties based on one of the parties' marital misconduct. Such misconduct may include, among other things, domestic violence, adultery, abandonment, and indignities to the spouse.

Post-separation support is financial support provided by one party (the supporting spouse) to the other party (the dependant spouse) for a defined period or until an order is entered allowing or denying alimony. Post-separation support is based on the financial circumstances of the parties. The resources of the dependant spouse must be insufficient to meet his or her reasonable needs, and the supporting spouse must have the ability to pay.

Alimony is also support paid from the supporting spouse to the dependant spouse; however, this payment is either periodic or lump sum for a specified period not to exceed death or remarriage. Alimony is taxable income to the recipient and deductible by the payor.

Equitable distribution is the division of marital property, both assets and debts. The presumption in North Carolina is a 50-50 division of the property; however, there are certain statutory factors that could allow for an uneven distribution. Changes in the equitable distribution statute were designed to speed up the process of dividing the marital property and debt.

Family law also includes issues that relate to parent/grandparent and child relationships (i.e. custody, child support, adoption, and termination of parental rights). Regarding the issue of custody, the law presumes that both parents are equally capable of rearing their children. Therefore, there is no presumption that the mother is the better caregiver. In fact, more and more fathers are gaining custody of their children; however, in most cases the parents share a joint legal custody arrangement, which should not be confused with joint physicalcustody.

Once custody is established, the child support issue must be resolved. Both parents owe a duty of support to their children. The North Carolina Child Support Guidelines establish the presumptive amount of child support based, among other things, on the parties' incomes. However, the family lawyer may find ways to deviate from the presumptive amount. In addition, child support is modifiable based on a change of circumstances affecting the best interests of the children.

Changes in the adoption statute have made the process less cumbersome and more expedient. An adoption can be accomplished in as little as 90 days.

Grandparent visitation statutes afford grandparents the right to visit with their grandchildren when custody of those grandchildren is at issue.

Termination of parental rights is the area of family law in which a party can have the parent's and/or parents' rights terminated. Most often these case are filed by the Department of Social Services in instances in which one or both parents have neglected or abused their children. However, a parent can also file a complaint against the other parent so long as certain allegations are true.

The family lawyer also deals with domestic violence issues, an area which has been broadened to include all types of relationships. Persons covered by the statute include current or former spouses, cohabitants, parents, grandparents or persons acting as a parent to a minor child and people who have a child in common. The statute also extends its protection to include putting a person in fear.

Other services provided by the family lawyer include preparation of Separation Agreements, Property Settlements, Prenuptial Agreements and documents effectuating the provisions of these agreements. A party who is not abiding by a court order can be the subject of a contemptaction.

A good family lawyer will also have a basic understanding of tax, real estate, and bankruptcy laws and how they relate to family law matters. Family law is a complex matter. This article is merely intended to be an overview of the services provided by a lawyer concentrating in family law. For additional information on how the laws apply to your situation, contact our office for an appointment.