Midtown Divorce and Family Law Blog

LAWYER’S PLEDGE OF PROFESSIONALISM

This is our pledge to you, our clients and potential clients:

  1.  We will remember that the practice of law is first and foremost a profession, and I will subordinate business concerns to professionalism concerns.

  2.  We will encourage respect for the law and our legal system through my words and actions.

  3.  We will remember my responsibilities to serve as an officer of the court and protector of individual rights.

  4.  We will contribute time and resources to public service, public education, charitable, and pro bono activities in my community.

  5.  We will work with the other participants in the legal system, including judges, opposing counsel and those whose practices are different from mine, to make our legal system more accessible and responsive.

  6.  We will resolve matters expeditiously and without unnecessary expense.

  7.  We will resolve disputes through negotiation whenever possible.

  8.  We will keep my clients well-informed and involved in making the decisions that affect them.

  9.  We will continue to expand my knowledge of the law.

  10.  We will achieve and maintain proficiency in my practice.

  11.  We will be courteous to those with whom I come into contact during the course of my work.

  12.  We will honor the spirit and intent, as well as the requirements, of the applicable rules or code of professional conduct for my jurisdiction, and I will encourage others to do the same.

At Midtown Divorce & Family Law we handle all manner of divorce and family law related claims, including divorce, separation agreements, equitable distribution or property division, alimony and spousal support, child custody and child support.  If you are someone you know needs assistance with a separation or divorce matter, please give us a call at 919-803-7208.

HOW TO GET DIVORCED IN NORTH CAROLINA

DISCLAIMER:  This guide has been prepared for general information purposes and is not legal advice.  Legal advice is dependent on the specific facts and circumstances of each situation.  The information in this guide cannot take the place of competent legal counsel tailored to your specific situation.

This guide will walk you through the technicalities of how to get divorced in North Carolina.    You may have additional issues that need to be addressed prior to filing divorce.  Questions that need to be answered:  1) Do you have minor children?  2) Is there marital property, such as real estate, retirement accounts, personal property or other assets, to divide?  3)  Is one spouse in need of financial support from the other spouse?  If you answered yes to any of these questions, you should not get divorced until you have consulted with a qualified family law attorney as many rights, if not preserved, are waived upon entry of the absolute divorce judgment.

Continue reading “HOW TO GET DIVORCED IN NORTH CAROLINA”

PREPARING FOR DIVORCE – PART I

50% Chance of Snow – What do winter weather and divorce have in common?

The weatherman was calling for snow or ice. He wasn’t sure exactly what we were going to get, but he said he was fairly sure we were going to get something. He signed off the forecast with the recommendation to be prepared.

Continue reading “PREPARING FOR DIVORCE – PART I”

TERMINATION OF PARENTAL RIGHTS

The termination of parental rights statutes provide for a two-stage termination proceeding: an adjudication stage and a disposition stage. In the adjudication stage, the trial court must determine whether there exists one or more grounds for termination of parental rights under N.C. Gen. Stat. § 7B-1111(a). The statute sets forth eleven possible grounds for termination of parental rights. Those grounds are as follows: Continue reading “TERMINATION OF PARENTAL RIGHTS”

How Does Divorce Affect Social Security Benefits?

If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record (even if he or she has remarried) if:

• You are unmarried;
• You are age 62 or older;
• Your ex-spouse is entitled to Social Security retirement or disability benefits and
• The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work. Continue reading “How Does Divorce Affect Social Security Benefits?”

How To Change Your Name After Divorce

N.C.G.S. Sec. 50-12 provides that anyone whose marriage is dissolved by a decree of absolute divorce may, upon application to the clerk of court of the county in which they reside or where the divorce was granted setting forth their intention to do so, change their name.

A woman has the choice of reverting to her maiden name, the surname of a prior deceased husband, or the surname of a prior living husband if she has children who have that husband’s surname.  If a man changed his surname upon marriage, he may revert to his pre-marriage surname. Continue reading “How To Change Your Name After Divorce”

I NEED EMERGENCY CHILD CUSTODY!

Do You Want To File For Emergency Child Custody?

Requirements:

The child or children is at SUBSTANTIAL risk that:

1.  The child or children will suffer bodily injury or sexual abuse, or

2.  The child or children will be removed from the State of North Carolina FOR THE PURPOSE of EVADING THE JURISDICTION of the North Carolina courts. Continue reading “I NEED EMERGENCY CHILD CUSTODY!”

The 7 Biggest Money Mistakes That Divorcing Women Make

The 7 Biggest Money Mistakes That Divorcing Women Make
Lili A. Vasileff  July 9, 2014
Divorcing couple arguing
Hybrid Images—Getty Images/Cultura RF
A financial planner flags the costly errors women commonly make when a marriage breaks up.

Divorce, in my experience, is about two things: children and money. Continue reading “The 7 Biggest Money Mistakes That Divorcing Women Make”

How To Tell Your Spouse That You Want A Divorce

You’ve been thinking about it for a long time. Maybe you have spoken to your therapist or clergy person, trusted friend or family member. You’ve most likely spoken to an attorney to educate yourself about what’s ahead, financially at least. Your marriage, despite all the hard work you did together or separately, is over.

Now what? Continue reading “How To Tell Your Spouse That You Want A Divorce”

The Language of Child Custody

What do the terms legal custody, physical custody, sole custody, joint custody, primary custody, and secondary custody all mean? If you are in a custody dispute, you may hear any or all of these terms used and it can be quite confusing.

Legal custody generally refers to major decision making authority for the child. This does not include the day to day decisions while the child may be in your care, but generally refers to major decisions concerning the health, welfare, educational, and spiritual needs of the child. Generally speaking, most parents can agree on joint legal custody and may defer to recommendations of healthcare providers or a third party neutral when they cannot agree. When a party knows at the time that custody is being negotiated, that there are distinct differences in each of the parent’s position on a major decision for the child, it may be important for one party to seek primary legal custody. Continue reading “The Language of Child Custody”