A Firm Offering Knowledgeable, Personalized And Caring Family Law Representation
Going through a divorce or child custody proceedings is difficult even under ideal circumstances – and circumstances are rarely ever ideal. Moreover, the outcome of your case will impact your children, your home life and your finances for years to come. With so much at stake, you need to consult a lawyer who has the experience and knowledge your case requires and who provides the personalized attention and support you deserve.
In central North Carolina, look no further than the Raleigh Divorce Law Firm. Our founding attorney is a board-certified family law specialist as well as a certified family financial mediator, and our firm is exclusively focused on family law. No matter what issues you may be facing, chances are good that we can help you find a solution. And because our team has experience in litigation as well as various forms of alternative dispute resolution, we can help you explore your options and utilize the tools and approaches that are most appropriate for your unique circumstances.
We Are Here For Whatever Your Case Requires
Raleigh Divorce Law Firm is committed to providing quality legal representation and highly personalized service. Our lawyers can assist you with nearly any family law matter, including those related to:
- Divorce: We can help you with all issues that may arise in your divorce, including property division, child custody, visitation, spousal support and child support.
- Child custody and visitation: We represent clients in custody and visitation matters that arise in the context of divorce, paternity and post-divorce issues, including modifications of custody and visitation, parental relocation disputes, and other critical matters that impact the rights of parents and the welfare of children.
- Child support: We assist clients with child support matters in divorce and paternity cases. We also represent clients who are seeking a child support modification.
- Alienation of affection: Having an affair in North Carolina can prove to be a costly decision not only for the adulterous spouse but also for the paramour who engages in the relationship with the married person under the “heart balm” laws.
- Domestic violence and assault: We represent clients who are seeking or opposing a domestic violence protective order. We represent clients in divorce cases involving allegations of domestic violence.
- Paternity: We represent unwed parents interested in addressing custody, visitation and child support matters.
- Adoption: We have considerable experience helping families with the adoption process. Whether you want to adopt a new baby, a foster child or a stepchild, we have the experience to provide the knowledgeable representation you require.
- Order modification: We can assist with changes to family law orders such as child custody, child support and others.
We are dedicated to finding the path that makes the most sense for you, whether that means negotiation or trial. We also offer alternative dispute resolution services such as family law mediation.
Answers To Frequently Asked Family Law Questions
Below, we’ve provided answers to some of the questions prospective clients most often ask. We would be happy to answer any questions you may have during an initial consultation.
Is there a divorce option that can protect the privacy of the family?
Yes, there is. With mediation, the details of mediation sessions and the final agreement are confidential. When a divorce is litigated, it becomes a court case, and most court cases are a matter of public record. This can be especially problematic for high-asset or high-profile families whose lives are already carefully scrutinized by the public.
If you’re looking for a private resolution to your family law issues, talk to our attorneys about mediation and any other options you may have.
Do both spouses need to agree for a divorce to be granted?
No, it is not necessary for both spouses to consent to the divorce. Under North Carolina’s no-fault divorce laws, a judge will grant a divorce so long as all procedural and legal obligations have been met, even if one spouse continues to object to the divorce.
What is a no-fault divorce?
Every state now allows unhappy couples to file for no-fault divorce. This means neither spouse needs to blame the other for a specific act or behavior that destroyed the marriage. Instead, they can claim that the marriage is irretrievably broken.
In order to qualify for no-fault divorce in North Carolina, one spouse needs to have lived in the state for at least six months prior to filing, and the spouses need to have lived in separate residences for at least a year.
Does time spent living apart need to be consecutive?
Yes, it does. It is common for people to be unsure about divorce, and many briefly reconcile in an attempt to save the marriage. Doing so “resets the clock.”
Let’s say that you and your spouse were living apart for six months, then moved back in together on a trial basis. If it doesn’t work out and you ultimately decide to move forward with the divorce, you cannot resume the one-year physical separation where you left off. You will need to start over.
Is one spouse automatically entitled to alimony when getting divorced?
No, there is no automatic presumption. Unless a couple has reached an agreement on their own, spousal support (alimony) is awarded at the discretion of a judge on a case-by-case basis. Contrary to what some believe, spousal support is also gender-neutral. Either party can seek it and either party may be asked to pay.
How often are spouses falsely accused of domestic violence?
Unfortunately, there is no reliable way to collect accurate data on the prevalence of false allegations of domestic abuse. We can say that while many victim accusations are credible and based on real events, some claims are either false or greatly exaggerated. In a family law context, false accusations may be levied in an attempt to gain an advantage in child custody and divorce proceedings or simply to ruin the reputation of an ex-spouse or partner.
Our firm represents both victims of domestic violence and victims of false allegations. In both cases, we work tirelessly to protect the rights of our clients and their children and to ensure that judges duly consider either one party’s history of violence or another party’s false statements.
Why is it necessary or important to establish paternity in North Carolina?
For fairly obvious reasons of biology, maternity is rarely ever in question. Parental bonds are less clear when it comes to fathers. In North Carolina, paternity is automatically established if the father and mother are married at the time of the child’s birth. It can also be established retroactively if both parents sign an “affidavit of parentage” agreeing on who the father is.
If the paternity of a child has not been established by one of the means above and/or there is disagreement about who the father is, it may be necessary to establish paternity for purposes of compelling child support payments (for mothers) or seeking custodial rights (for fathers).
Establishing paternity is more complex than simply taking a DNA test. It is a legal process. If you have questions about paternity in your own family law matter, please discuss them with an experienced child custody attorney like those at our firm.