Child Custody
Physical Custody is a schedule that defines when each parent will share time with the children. Legal Custody is in relation to decision making authority over matters that affect the children’s welfare such as school and medical provider choices.
Child Support
Financial support to provide for the needs of the minor children.
Equitable Distribution
The marital estate is divided pursuant to Equitable Distribution laws. Under this standard of law, an equal 50-50 distribution is presumed to be fair and equitable; however, this presumption can be rebutted by additional evidence that an unequal distribution is fair and equitable.
Interim Distribution
Due to the length of time generally required to compile a comprehensive analysis of the marital estate, the Court may permit an interim distribution of certain assets and/or debts while the matter remains pending a final resolution.
Postseparation Support
Temporary spousal support should a dependent spouse’s resources be inadequate to meet his or her reasonable needs and the supporting spouse have the ability to pay.
Alimony
Spousal support established by the Court upon an in-depth analysis of dependency by a dependent spouse on a supporting spouse. When determining the amount and duration, the Court considers a long list of relevant factors to determine what is equitable.
Divorce is the legal process by which a marriage is dissolved.
In North Carolina, the Absolute Divorce process requires one year to pass from the date of separation until either spouse can file a complaint. North Carolina is a no-fault jurisdiction. This means that neither party has to prove to the Court that the other party is "at fault" for some reason to obtain a divorce.
In comparison, South Carolina permits parties to file after one year of separation if a spouse is pursuing a "no fault" divorce OR after a 90-day period if a spouse is pursuing an "at fault" divorce.
Prospective, current or separated spouses are able to enter into contracts as it relates to certain spousal rights associated with marriage.
Premarital Agreement (a.k.a. “Prenup”) -
A Contract entered into before the wedding day.
Post-Nuptial Agreement - A Contract entered into by current spouses that intend to remain married but would like to define certain terms should the parties separate in the future.
Reconciliation Agreement - A Contract entered into by current spouses to protect certain legal rights and claims as they try to reconcile.
Separation Agreement
- A Contract entered between spouses that have separated pursuant to North Carolina law.
The systematic pattern of aggressive and often violent behavior by which one person asserts power and control over another person.
Empowerment Representation
As a result of Domestic Violence abuse, a person generally experiences an altered ability to make decisions about one own’s physical and mental care. Recognizing this factor, “empowerment representation” is utilized to help Domestic Violence survivors regain control over their own lives.
Child Abuse
Should children be present during Domestic Violence incidents or should the children also be subjected to aggressive and violent behavior of an abuser, then the Court may find that child abuse has occurred as well.
A termination of parental rights involves the complete legal removal of a person’s parental rights for a child naturally birthed or legally adopted. Due to constitutional protections involved, a termination of parental rights is a complicated process. A person whose rights have been terminated no longer has the right to visitation or custody of the child. Generally once the termination is granted, it is permanent and irreversible.
An adoption is the legal process by which a person takes a child to be taken care of as his or her own. Once an adoption is completed, the child is legally treated equally to as if the child had been naturally birthed by the parent(s). Generally, this requires the termination of parental rights for any living biological parents.
The goal of estate planning is to memorialize how a person would like their financial affairs, assets, and other important decisions to be managed should the person become incapacitated or upon death. Estate Planning Tools include:
Will - A legally enforceable document that allows a person to leave instructions for what happens to assets upon death and to whom said assets pass. In the absence of a Will, a Court will determine how assets are distributed.
Trust - A legally created entity that can hold assets. A trust is often used as an estate planning tool to protect assets and to specify instructions on how said assets transfer upon the grantor's death.
Power of Attorney - A legal instrument that can designate a person to act and make decisions on behalf of someone else.
Please note: this listing of legal services and processes is meant to be educational based on North Carolina and South Carolina law where our legal practices are based. While the insights may have wide applicability, readers with domestic matters outside of North Carolina and South Carolina should consult with an attorney regarding the specific laws in their state or country.
Legal representation in family law matters involves more than the black-and-white letter of the law. Our Modern Legal team can help you navigate the legal system when the law and your family collide.
We help turn confusion into confidence, helplessness into empowerment, and frustration into action.
