Family Law
When a married couple face serious problems in their relationship, they often have many difficult legal and personal issues to deal with. At Andrew D. Taylor and Associates, Attorneys At Law, we try to provide many suggestions and legal services that can help a person going through marital problems.
Reconciliation
Reconciliation occurs if a married couple can resolve their problems and remain married. Many couples decide to sit down and discuss their issues by themselves in an honest and open way. Often, couples reconcile through the use of a neutral third party to mediate and counsel.
Separation
Often, if a couple cannot settle disagreements within a marriage, they decide to live in separate locations. It is important for both parties to discuss the separation with a lawyer before either one leaves the home.
Going to Court
Sometimes a court order is issued if the couple cannot reach a settlement in a separation agreement, if a spouse breaks one or more of the promises in the agreement, or if there is an emergency situation, such as child-snatching or violence in the home. There are several kinds of hearings that can be held, including:
- Child custody and visitation (when the care, control and custody of a child is to be decided or when enforcement of visitation rights is needed)
- Domestic violence (for spouses who are victims of physical abuse or threats)
- Child support (before or after divorce, for a parent who needs financial help in raising a child)
- Alimony (for a spouse who is not able to support herself or himself and whose spouse's "fault" caused the marriage's failure)
- Temporary post-separation support assistance even if there is no fault
- Divorce from bed and board (for a judge-approved separation)
- The equitable distribution of marital property assets and debts
Property Division
Both husband and wife can apply to the court for a division of their marital property called equitable distribution before a divorce has been obtained. Generally, all items of property acquired by the husband and wife during their marriage are considered marital property and are divided equally. These items may include: real estate, automobiles, bank accounts, furniture, ownership interests in a business or professional practice, vested pension rights and retirement benefits, debts and liabilities.
Alimony
Alimony can be granted by the court when there is a need for spousal support, and when the person to pay has committed some wrong or "fault," such as abandonment, adultery, personal indignities and other grounds.
Divorce
There is only one ground for divorce in the North Carolina statutes. This ground is "one year's separation." It is the "no-fault" divorce of North Carolina, which does not have grounds such as "mental cruelty" or "irreconcilable differences" found in other states. After the couple has been living apart for over one year with the intention of living apart permanently, either one may file for divorce, serving a copy of the "complaint" on the other spouse by certified mail (return receipt requested) or through the county sheriff. The judge will grant the divorce if the other party fails to answer the complaint within 30 days after being served, if he or she waives the right to service and answer or if the other party files an answer that does not deny the separation of over one year.
Child custody and support can be determined before, during or after a divorce hearing. Alimony and property division rights, however, may be jeopardized or destroyed by hurrying through a divorce without thinking seriously about the legal impact of the divorce on these rights. For this reason, it is always a wise idea to consult an attorney about a divorce, even though it may appear to be simple and "uncontested."
A divorce will terminate any unresolved issues concerning marital property.
Domestic Violence
Either husband or wife may become the victim of physical violence at the hands of the other spouse. North Carolina has a domestic violence law that can be a powerful remedy for a victim who has suffered bodily injury or the threat or attempt at serious bodily injury. The judge has the power to immediately remove the offender from the home or else require the offender to provide and pay for suitable temporary housing for the victim. A restraining order can be issued, as well as orders for temporary custody, child support, and reasonable attorney's fees. After the initial emergency order, the case is set for a hearing within 10 days to resolve all issues of the case concerning domestic violence.