Overview of North Carolina Family Law
North Carolina family law matters are often fraught with complex legal issues and expensive consequences if not handled properly. That is why the assistance of a knowledgeable North Carolina family law attorney is so essential. When dealing with such highly personal and often emotional matters, you need an attorney you can trust and rely on.
At Montgomery Family Law, we have dedicated our entire practice to North Carolina divorce and family law. This focus gives us the knowledge, skill, and experience to represent you no matter how complicated or highly contested your case may be.
Answers to Your North Carolina Family Law Questions
If you are facing a divorce or other North Carolina family law matter, we know you need information. We have designed our website to answer your most pressing questions.
This page provides a brief overview of family law. We invite you to use the links below to learn about North Carolina family laws in more depth. Should you have any questions or need assistance after browsing our website, please contact us using the form on this page.
North Carolina family law encompasses three major areas:
- Divorce/separation/annulment.
- Domestic Violence.
- Adoption.
Divorce/Separation/Annulment
A divorce legally ends a marriage. To obtain a North Carolina divorce, you must be legally separated for more than one year and either you or your spouse must have resided in North Carolina for a minimum of six months. The North Carolina divorce process requires the spouses to file papers in court and obtain a decree signed by a judge.
A divorce typically involves other important legal issues such as child custody, spousal support, child support, visitation agreements, and division of property. These issues are complex and often contentious. Our skilled North Carolina family lawyers can assist you in navigating these murky waters. Often we can help you and your spouse reach a settlement agreement through negotiation, without the need for a trial in court. We can also assist you with divorce mediation and divorce arbitration, which are two alternatives for resolving disputed issues without a formal trial before a judge.
Annulment is the voiding of a marriage, meaning that the marriage is deemed to have never occurred. Like a divorce, an annulment requires an action in court. Annulments are usually granted only in rare circumstances such as when one party is underage or lacks mental capacity or married the other under false pretenses.
Legal separation occurs when the spouses live in separate residences with at least one of them having the intention to continue living separately. Although separation does not require court action, the parties should consider consulting with a North Carolina family lawyer to obtain a Separation Agreement and Property Settlement. A separation, unlike a divorce or annulment, does not legally end a marriage.
Domestic Violence
Domestic violence is a serious problem not just in North Carolina but throughout this country. This is an area that often is intertwined with divorce, legal separation, and annulment.
If you or a loved one is the victim of domestic violence, North Carolina domestic violence laws offer many legal options that may provide assistance. Legal protections can be put in place to protect you and/or your children if necessary. It is important to discuss these options with your North Carolina family law attorney.
Adoption
Adoption is a broad term that describes the legal process of adding a member to your family. There are many types of adoptions in North Carolina. A foster parent can adopt a foster child. A family member can adopt another minor family member after a biological parent has died. And in some circumstances, adults can even adopt other adults for various reasons.
In order to adopt a child in North Carolina, either you or the child must have lived in state for at least six months before beginning the legal adoption process. If the child being adopted has living biological parents, those parents will be released from all obligations to their child once the adoption is final. An adopted child has the same rights as a child who was born into your family. These include inheritance rights. A North Carolina family law attorney can help explain all the important aspects of adoption and the legal ramifications.
If you need assistance with any of these areas of North Carolina family law, we invite you to contact the Montgomery Family Law Firm. Simply complete the form on this page and we will reply promptly. We look forward to learning how we can help you.
