Family Law & Divorce
We understand the difficult and emotionally challenging times that confront families who face divorce related legal cases. Our well reasoned approach and trial experience remove the fear of the unknown and replace it with guidance and answers to your questions. We strive to educate our clients about the family court process in order to obtain the results that our clients desire. Call us today before signing paperwork, discussing your case with others, leaving your home, or moving assets or accounts.
After being separated for one year, either spouse may file paperwork with the court system to terminate their marriage.
Contact us today to discuss this process and understand the many legal pit falls including how other legal rights can be altered by a divorce.
Alimony and Post Separation Support
Following separation and divorce, one spouse’s financial quality of life is not supposed to disappear. One souse’s claim for support from the other is determined by the court, and based on multiple factors including fault, the length of the marriage, the difference in income between parties, earning ability, etc. Contact us today to learn more about your rights in pursuing or defending a claim for spousal support.
Separation Agreements, Settlement Agreements, Consent Orders
Many, if not most, issues you face in your family law case can be settled in an agreement with the other party. However, it is critical to understand the impact of settling your case via contract instead of a court order. Schedule a meeting with one of our family law attorneys today to understand the many settlement options available to you.
Dividing Your Property
Equitable Distribution, Property Division
The distribution of your personal property, real estate, investments, retirement accounts, vehicles, debts, etc. are included as part of this claim. This part of family law involves complex questions that can only be answered following a comprehensive analysis of your case. While North Carolina presumes a certain distribution of marital property, understanding the definition of marital property versus other categories of property, as well as one’s rights to an unequal distribution, can make a significant difference in the outcome of your case.
While it typically takes several weeks or months to have your case heard in court, some limited circumstances allow you to request immediate action from the court. Protections from abuse, harm to a child, or loss of marital assets are some examples of the type of emergency that courts will consider without a regularly scheduled court date. Call us for advice on pursuing or defending emergency cases.
A domestic violence restraining order, sometimes called a “50-B”, is appropriate in a situation of abuse from someone with whom you have a close relationship. This can include a current or former spouse, significant other, roommate, someone with whom you share a child, or a relative through blood, marriage, or adoption. This does not apply to a child or grandchild under the age of 16. The court would require competent evidence of actual harm, an imminent threat, or fear of continued harassment. Contact us today if you are seeking protection and would like to know more about this legal remedy.
Civil No-Contact Order
After a person is convicted of a sex offense or stalking, the victim of this crime can also seek a Civil No-Contact Order which can permanently prohibit any contact by that person with the victim. This order can be sought by the person who is the victim of a sex offense or by a competent adult in the state who is working on behalf of a victim who is either a minor child or an incompetent adult. If you are seeking protection from a convicted offender, call us today for a consultation.
In the state of North Carolina, it is mandatory that any person or institution report to the Director of the Department of Social Services when they suspect any form of child abuse. The abuse can take the shape of physical abuse, emotional abuse, sexual abuse, or behavior modification by way of cruel or inappropriate procedures. Neglect, abandonment, and refusal to provide necessary medical care can also cause serious damage and is considered with child abuse. Contact us for an advocate to aid and protect you in this legal process.
Alienation of Affection
Suing Third Parties, Alienation of Affection, Criminal Conversation
If you believe a third party broke up your marriage or had sex with your spouse prior to separation, you may be able to pursue claims against them for monetary damages. These cases are often fact driven, so gathering evidence early in the process is critical. If you want to know your rights in pursuing or defending third party claims, call us today for a consultation.
Family Law - Children
A natural parent’s or grandparent’s right to make decisions and spend time with their children is determined in a child custody case. There are no formulas or blueprints for the right custody arrangement. A careful understanding of each parent’s schedule, circumstances, involvement and desires is critical in advocating for our client’s role in raising their children. Know your rights before you make any custody decisions.
Unlike child custody, North Carolina has a formula for determining child support. Understanding how these laws are implemented by the court system is critical in paying or receiving the proper amount of child support in North Carolina. We are ready to help you obtain and enforce your child support order, to modify an out of date order, or terminate child support order when appropriate. Call us today to discuss any of these options.
In North Carolina, there is process to obtain guardianship of an adult who you believe is not competent to manage his or her affairs. At Richardson Law, we serve as appointed counsel in these cases, and we are available to file your guardianship petition as retained counsel. This process has been helpful in assisting many families who struggle with adult members who are unable to care for their most basic needs. To be appointed a guardian through this process involves and impacts significant constitutional rights. However, the safety and well being of family members is of primary importance. Contact us today to know your legal rights and responsibilities through the guardianship process.