Legal Processes

Negotiation

Many legal matters can be resolved by the skillful use of negotiation practices to help opposing sides reach an amicable resolution.

Mediation

Mediation is a unique form of negotiation which involves the experience and expertise of a third party mediator. Generally, with the involvement of legal counsel for one or both sides, a mediator can assist opposing sides in negotiating an amicable resolution. 

Collaborative Law

Collaborative Law is the unique process by which both parties agree to resolve their domestic disputes outside of the litigation process and to involve collaborative professionals. 

Litigation

Litigation is the process of asserting legal rights by filing a legal claim with the Court. Should the parties not reach an agreement prior to a hearing or trial, then a Judge will make the final determination for the associated matter.

Family Law Legal Services

Children


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. 

Property and Debts


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.

Spousal Support


Post-separation 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


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.

Spousal Agreements


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.

Domestic Violence


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.

Termination of Parental Rights/Adoption


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.

Estate Planning


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.


Litigator


The Modern Legal Attorneys are professionally trained legal thinkers, orators, and negotiators. With this skillset, they help each client navigate the judicial system to utilize the legal tools available for each client’s unique family situation.


Certified Mediator


Theresa and Deborah are Certified Family Financial Mediators. In this position, the Certified Mediator serves as a neutral third party to help parties develop an amicable resolution of negotiation through the Mediation Process.


Arbitrator


Theresa and Deborah are Family Law Arbitrators. In this role, the Arbitrator serves as a neutral third party decision maker to help parties resolve their family law claims without the need of entering a courtroom and avoid the time, expense, and stress of contentious litigation.


Collaborative Law Professional


Collaborative Law is a unique, multi-disciplinary approach to resolve family law matters without court intervention. Each of our attorneys can assist clients that choose the Collaborative Law Process to address their legal needs.

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.

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