The Essentials of Family Law in Asheboro, NC
Family law in Asheboro, NC encompasses a range of issues that commonly arise within family units. This body of law includes cases such as divorce, child custody, child support, property division, visitation rights, adoption, grandparents’ rights, domestic violence, and alimony.
Courts in Asheboro, NC generally resolve family law disputes through equitable distribution, mediation, and litigation. Equitable distribution refers to the division of marital assets based on a fair and just assessment of the parties’ respective contributions to the marriage. Mediation is the alternate dispute resolution (ADR) process that allows parties to resolve their disputes outside of the courtroom with the help of a neutral third-party mediator.
If the parties are unable to reach a resolution through mediation, litigation in the district court will be necessary under the Family Courts Act. These family courts handle cases involving marriage, divorce, child support, child custody, documentation of parentage, spousal support, and equitable distribution.
Under local rules of Mecklenburg County district courts, litigants go through a trial calendar prior to appearing before a judge in family court. This allows litigants to participate in settlement conferences, mediation, and/or conferences before trial to encourage a settlement or limitation of issues.
There are several important family law statutes in North Carolina. For example, N.C.G.S. Sections 50-11 and 50-13 provides the grounds for an action for divorce. Under these statutes, a court may grant an absolute divorce on the following grounds:
N.C.G.S. Section 50-16 . 1 permits a court to decree alimony or postseparation support as support for a spouse who was dependent. To be a dependent spouse, there must be a financial need and the other spouse must be able to pay. There are other considerations, however, such as marital misconduct and the duration of the marriage.
North Carolina amended its child support laws in 2018 to use an "income shares" model which not only takes into consideration the payor’s income, but also uses a formula that includes both parents’ income. The new model is more complex than the prior model, which only considered the payor’s income.
There are specific statutes that detail visitation rights in North Carolina. For children less than five, there shall be a minimum of every other weekend and one night per week. For children over the age of five, there shall be visitation at least every other weekend, two times on weekdays, and additional time to be agreed upon by the parties.
Local rules govern the use of parenting coordinators and judges’ preferences for certain visitation schedules such as the "standard visitation schedule" in Appendix C of the North Carolina Child Custody and Visitation Manual. The manual also includes optional schedules such as alternative weekends and alternative weeks.
In North Carolina, adoption rules require that there be a proper relinquishment of parental rights. The statute allows adoptions for stepparents, blood relatives, and marketing (agency) situations. Child welfare adoption requires that court proceedings are finalized and the natural parents’ parental rights are terminated.
The Importance of Having a Family Lawyer
Engaging the services of a family law attorney is essential when you’re working through legal matters in the context of a family or private relationship. Family law topics such as divorce, child custody arrangements, property distribution, alimony and even adoption can bring about complex legal processes that are often difficult for individuals to navigate without professional guidance. If you do not have a solid understanding of the issues related to your family law matter or the process through which it must be completed, you may end up missing out on opportunities due to lack of adequate legal knowledge. There are many potential pitfalls throughout this complicated process, so in order to avoid them and achieve the best possible resolution to your case, it’s crucial that you have the right legal representation. A family law attorney will be able to provide you with insights into some of the most critical decisions you make during these proceedings. A great attorney truly has no agenda, other than to help you see the process through to the end and make sure you come out of the process economically and legally protected. When you hire an experienced and compassionate family law attorney, you will be able to feel confident that you are being heard and that your interests are being advocated for.
Tips for Selecting a Family Lawyer
When choosing a family law attorney in Asheboro, NC, there are several criteria one should consider to ensure that they receive competent and compassionate legal representation. Factors such as experience, specialization in family law cases, client reviews and testimonials, and the attorney’s understanding of local laws are all important aspects to examine.
Experience is paramount in family law matters. When dealing with such personal and often contentious issues as divorce or child custody, you want to ensure that your attorney has a robust background in family law and has dealt with similar situations to the one you are currently facing. Ask about their history in handling cases that are similar to your own.
Specialization in family law is another key factor. You would want an attorney who dedicates a significant portion of their practice to this specific area of law. Experienced attorneys who focus only on family law will be more familiar with the intricacies of local family law and be better equipped to handle your case.
Client reviews and testimonials can provide great insight into an attorney’s capabilities and work ethic. Consider checking online reviews and seeking personal recommendations from other clients who have used the services of the attorney prior to making your selection.
Finally, consider the attorney’s understanding of local laws and procedures. Family law differs not only from state to state but also from county to county. An attorney’s familiarity with local rules and judges may make the process less tedious for you.
Choosing the right family law attorney in Asheboro, NC can greatly impact the outcome of your case. Take time to do thorough research and ask questions during the interview process to ensure you find the best match for your individual needs.
How to Prepare for Your Initial Consultation with a Family Attorney
Once you have decided on which attorney to hire, the next step is getting ready for that initial first meeting in which your family law needs and issues will be explored. Since a family law case can run significantly longer than your typical consumer matter, it is all the more important that the attorney you have selected be a good fit for you and your needs. Thus, you need to be prepared when you walk in that door.
The VERY FIRST thing you want to do is write down (yes, actually use a pen or pencil and paper) all the issues you want to discuss with your attorney. This includes anything you think might be an issue and even things you have been told are not an issue. Nothing is ever too small to talk about. However, if you have not figured all that out, you can put pen and paper away and just simply talk to your attorney about the events surrounding your case, go over any information you’ve already provided, and get a general feel for what is going to work for you. Ask a lot of questions if necessary. You may walk out knowing what you need to do without obtaining a specific answer to YOUR issue.
Some of the questions clients ask:
1. "Bobby Joe told me I could not get any alimony because I was working …"
This usually leads into an analysis of income and a discussion of what you want, your needs, and how to get there.
2 . "All my friends’ boyfriends have custody of their children and pay nothing (or next to nothing) – does that mean I will not get custody of my kids? …"
Not exactly. A child support award is based on actual income and other sources of income (such as child support). The attorneys can run the numbers and determine what a state child support award would look like. The Judge then has discretion over the ultimate award, but it is very likely to be the most closely scrutinized issue in the entire case. The custody analysis, however, is very complicated.
3. "To file or not to file – that is the question .. Well, I get free legal aid because I don’t make much money so I will file."
First, legal aid is only going to help you if you are eligible, meaning you do not make money, you do not own any assets, and you are covered under their strict guidelines. Free legal services are an option for those who qualify, but they are typically reserved for life-or-death situations. If you are truly not able to afford a family law attorney, free legal aid is not usually an option and you will need to find another solution.
4. "Can I ask my ex for post-separation support?"
You can ask for anything from your ex … but it is often up to a judge to determine what you will receive and at what level. The question of "entitlement" is certain to be raised by both sides. It will be important for a judge to decide if you are entitled and, if so, what your needs for post-separation support will be.
Other Methods of Alternative Dispute Resolution
Alternative dispute resolution (ADR) is a critical component of the family law process. The court systems provide this mechanism to help parties interested in quickly and effectively resolving their differences. There are two forms of ADR: mediation and arbitration. North Carolina Rules of Professional Conduct, Rule 3.4(g)(7) states that an attorney is not ethically obligated to participate in ADR as a means to resolve a case. Nevertheless, mediation is commonly practiced in every county in North Carolina and is the overwhelming preferred method of resolving family law disputes.
In North Carolina, if you are being sued for divorce or in another family law matter, the court will send you to mediation if requested by any party. It does not matter if you are the Plaintiff or the Defendant. The courts have a conflict with being neutral once there is a request for relief. Therefore, they send you and your adversary to mediation for resolution before they open any court file. The court will continue the litigation and set a date for a pretrial conference or hearing only if the matter remains unresolved after mediation.
Your family law attorney should be intimately involved in the mediation process on your behalf. You should be very knowledgeable about your case, including gathering witness statements and substantive discovery responses prior to the process. Mediation is private, off the record and confidential, unlike court. Although the mediator is often a family attorney, their role is not to provide legal advice and they cannot do so once the mediation begins. If you have never been through an ADR process, you should prepare yourself, both emotionally and in your understanding of how it will be conducted. Attorneys should get involved in this process with a level of professional knowledge that lends to the ultimate factual assessment at the hearing or trial. Do not spend more money on the mediation process than you are prepared to spend on the litigation itself. If settlement is not possible because you, the party, are unwilling to let go of something reasonable in order to move forward, that’s a level of control you must exercise over your own behavior. While settlement conferences are relatively inexpensive, the true costs are measured when the case must be tried. Either way, you need to be in a position to pay for it equally.
If you can afford an ADR process you can expect resolution quickly and reasonably.
Fees and Costs associated for Family Law
As with most things in life, you get what you pay for. While there are virtually no bargains to be had in the family law realm, it does not have to be the most expensive lawyer just to get a good result.
In its simplest form, the costs to a client can break down generally into attorney’s fees, filing fees, and expert witness fees such as a psychologist or a CPA. These are pretty standard costs through all of our offices. As of this writing, we charge $285 an hour for attorney’s fees, and file motions and other pleadings at the routine magistrate or clerk of court filing fee, which is currently $20. If you have to file a motion to show cause for example, you could expect our fee to be roughly $285, plus $20 to file the motion, as our firm would charge you for 1 hour of time drafting the motion, 1 hour for you to review it, and our staff to file the motion ($20). Your typical initial consultation would be an hour of time, so your first appointment with us would be about $400. Much like a car mechanic, we have and will sell you a lot of time. However , if your case is straight forward and no one is fighting with you on any issues, the cost to pursue a divorce, award of child support, or other post-separation issues could run as little as $2,500. Our fees can be quite high depending upon the complexity of your case, or on the extreme flip side, you could easily find a lawyer in Asheboro who only charges $175 or $200 an hour. There are very few, but they are out there.
If your case requires expert witnesses, such as a CPA, a psychologist, a vocational expert, or a business appraiser, the fees could start at around $400 to $500 and multiply from there. And some of the experts are worth it, while others are just there for their fees. It is our job to help steer you in the right direction.
What matters is hiring a lawyer who understands the intricacies and nuances of family law matters in Asheboro, North Carolina. It is important to hire an attorney who is familiar with the court, the judge, the staff, the procedures, and most importantly, the specific facts of your case.