Family law issues result in high emotions, confusion and often anger. The role of a family law attorney is to provide a compassionate and knowledgeable advocate to ensure the rights of all parties involved are taken into consideration. At The Law Office of Juanita Boger-Allen we are committed to providing a caring and strong advocate for those who need our services.
Preparing for marriage is exciting and there are many things to consider. One of the last things you want to think about is the potential of getting a divorce in later years. However, there are instances where a prenuptial agreement is helpful, particularly if one party has substantial assets, a business, or significant debt.
Naturally, you do not want to think about what happens in the event of divorce, but the fact remains, one must be realistic and understand sometimes things do not go as we plan. Having a prenuptial agreement in place makes good sense in these times because the future is always uncertain.
Legal Separation and Divorce in North Carolina
Ending a marriage is always painful and whether you and your spouse have agreed to separate for a period of time, or have agreed on divorce, there are certain agreements that must be put into place. A separation agreement can help define the role of each party in caring for children of the marriage, specify property division, and provide allowances for child support when necessary. Regardless, one must have all agreements in writing in order to ensure their enforceability.
Couples who believe they may be able to repair their marriage or do not wish to be divorced for religious or other reasons may opt for a legal separation. Legal separation can be a private matter which is handled by the parties involved and their attorney. In most cases, there need not be any involvement by the courts.
Let us help guide you through the legal challenges you will be dealing with during a legal separation or divorce. We will take the time to understand the unique challenges you are facing and help you move forward.
North Carolina Child Custody & Support Matters
When parents cannot reach an agreement on which should have physical custody of the children of a marriage, the court often orders mediation sessions in the hopes the parents can find a way to reach an agreement. Because the courts recognize the importance of the child or children to have a loving relationship with both parents, this is an important step towards ensuring disputes are resolved successfully.
North Carolina uses a specific formula for determining child support payments which takes into consideration the income of both parents as well as child-specific needs. Unless the courts determine there is a reason why child support payments are insufficient or too high, the guidelines set out by North Carolina Child Support Enforcement are used to make this determination.
Spousal Support & Equitable Distribution
Property division is often a very contentious issue when couples are separating. Couples often enter a marriage with their own assets, and in some cases, with debt that may have nothing to do with the assets or debts of their spouse. To determine how property should be distributed during a divorce or separation, a complete asset inventory will have to be completed. Typically, these assets would be divided into assets that were brought into the marriage by either party and may remain sole property, and assets that were accumulated during the marriage. Once this process is complete, a full and fair valuation must be made.
In some cases, couples may go through a mediation process when they can agree on the values and division of most property. In cases where they simply cannot agree, the courts may intervene and make the decision based on equitable distribution. If a couple can agree, the courts may merely ensure the distribution of assets is reasonable and simply approve the division; this is commonly known as a consent decree.
Spousal support may be ordered by the court depending on numerous factors including the length of a marriage, the health of both parties and the earnings of both parties. Once a support order has been put in place, you may need an attorney to help enforce such orders if the spouse who is to be making payments fails to do so per the court’s order.
North Carolina Adoptions
Chapter 48 of the North Carolina General Statutes govern adoptions in the state. There are numerous hurdles to overcome when adopting a child whether the child is related to you or not. An attorney can guide you through the paperwork and the background checks that are necessary to successfully complete this exciting process.
In Concord, NC, The Law Office of Juanita Boger-Allen works with those who are facing legal challenges that pertain to a whole range of family law issues. We understand these issues can be painful and they have an impact on not just the adults involved but the children as well. We can help you get your life back on track when you need someone to guide you through the challenging issues you are facing.
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