Raleigh Family Law Lawyers

Our entire practice is devoted to family law. We are skilled in all aspects of North Carolina divorce law, as well as other family law matters, such asadoption, premarital agreements, and domestic violence. Here is some basic information about each of these topics to help you find your way. Click on the links for more in-depth discussion. If you have further questions, we invite you to contact us to set a consultation with us by completing the form on this page.

Divorce Basics:

Legal Separation: In North Carolina, the process of divorce begins with alegal separation. A legal separation requires the couple to establish separate residences, with at least one party intending to make the separation permanent. No court papers need to be filed to establish legal separation, although having a family lawyer draw up a Separation Agreement and Property Settlement (which is a private contract) is most often advisable. A separation agreement does not end a marriage (which can only be done through a divorce decree signed by a judge), but it can cover some or all the issues surrounding a separation and eventual divorce. Once signed and notarized, it is a binding contract.

Divorce: In North Carolina, a couple must be legally separated for at least one year before an absolute divorce can be sought from the court. One person must be a legal resident of North Carolina during the previous six months prior to filing. The marriage will be legally intact until a divorce decree is signed by a judge.

Although a divorce requires court involvement (only a court can grant a decree of divorce), it does not necessarily require a trial on all issues arising from the dissolution of a marriage; many issues can be negotiated and settled outside of court. Avoiding an expensive divorce trial is often the best path to getting people on with their lives. Spouses can agree on property division, child custody, child support, and spousal support. In some cases, these matters can become highly contentious. Divorce mediation or divorce arbitration (trial before a private judge chosen by the parties) can help the couple achieve a resolution with less expense, time, and aggravation than a court trial.

Every divorce is different, reflecting the unique situation of the couple. The family law lawyers at the Montgomery Family Law work diligently to provide positive solutions to the challenges each client faces.

Annulment: People sometimes call the Montgomery Law Firm inquiring about receiving an annulment. In most cases, an annulment will not be appropriate. Annulments are generally only granted if one party is underage or mentally incompetent at the time of the marriage, although some other grounds for annulment do exist (See N.C.G.S. §51-3). In most instances, seeking a divorce is the correct course of action.

Other family law matters

Domestic Violence: An unfortunate fact of modern life is domestic violence. If you find yourself or your loved ones in a dangerous home environment, there are legal options available, such as a domestic violence protective order (a restraining order) to keep your abuser away from you. You can seek the counsel of a Montgomery Family Law professional to advise you about assistance available in North Carolina to protect your family.

Adoption: Adoption is the process of adding a new member to the family. Once an adoption is final, the child’s biological parents are released from all obligations and rights to the child. The child has the same rights as a child who was born into the adoptive family. The Raleigh family law lawyers at Montgomery Family Law can explain the legal consequences of adoption and guide you through the process.

Prenuptial Agreements: In North Carolina, an engaged couple may decide to enter into a prenuptial agreement. A prenuptial agreement lays out what will happen to the couple’s property in the event they should separate and no longer live together as husband and wife. Prenuptial agreements are an especially good idea for couples with children from prior relationships who want to preserve the inheritance rights of their children.

Whatever your legal questions and concerns may be, you can turn to the Raleigh family law professionals at Montgomery Family Law. We will help you get on a smoother road toward a better future. Call 919-335-3929 and make an appointment today to speak with an experienced North Carolina family law lawyer.