Lenoir Family Lawyer

Lenoir, NC Family Law Attorney

In some cases, after many other options have been exhausted, the best option for couples is to file for divorce. If the spouses filing for divorce have children, separation can be a good opportunity to make sure their dependents are living in a happy and healthy environment.

However, negotiating the terms of certain family law cases, such as custody, alimony, child support, and other scenarios, can result in complex family law matters. For this reason, it can be beneficial to hire an experienced and knowledgeable Lenoir family lawyer. They will be familiar with North Carolina family law and the local court systems and procedures.

Therefore, you may need a Lenoir County, North Carolina, family attorney with expertise to help you through your case. They can assist with a variety of legal issues, including:

• Terminating your marriage
• Determining child custody
• Dealing with domestic abuse
• Returning to court to amend an existing family court order

Common Family Law Legal Issues

Family law is a legal practice area that covers a wide range of legal issues related to family relationships. These can include divorce, child custody and support, adoption, and domestic violence. Some common types of family law cases include:

• Divorce: A divorce case involves the legal dissolution of a marriage. The parties may need to resolve issues such as the division of property, alimony, and child custody and support. Divorce cases can be particularly complex. They can be handled either in or out of court.
• Child Custody and Support: A child custody case involves determining who will have legal and physical custody of a child and how parenting time will be shared between the parties. A child support case involves determining the amount of financial support that one parent will pay to the other for the child’s care.
• Adoption: An adoption case involves the legal process of transferring parental rights and responsibilities from one parent to another. This can include adopting a child from another country, adopting a stepchild, or adopting a child from the foster care system.
• Domestic Violence: A domestic violence case involves allegations of physical, emotional, or sexual abuse within a family or intimate relationship. Domestic violence cases may involve obtaining a restraining order to protect the victim from the abuser as well as determining custody and support issues.

These are just a few examples of the types of cases that may fall under the umbrella of family law.

The Legal Process of Getting a Divorce in North Carolina

The legal process of getting a divorce in North Carolina can be complex and can involve a number of steps. Here is an overview of the general process:

• File a Complaint for Divorce: One spouse (the plaintiff) must file a complaint for divorce with the court. The complaint must include information about the parties, their marriage, and the grounds for the divorce.
• Serve the Complaint: The plaintiff must serve the complaint on the other spouse (the defendant) either personally or by mail. The defendant must then file an answer to the complaint within a certain time period.
• Attend a Preliminary Hearing: If the parties cannot resolve their differences through negotiation or mediation, they may need to attend a preliminary hearing to resolve any temporary issues, such as temporary custody and support arrangements.
• Exchange Financial Information: The parties must exchange financial information, including information about their assets, debts, income, and expenses. This is known as the discovery process.
• Attend a Settlement Conference: If the parties are unable to reach a settlement through negotiation or mediation, they may need to attend a settlement conference with a judge or mediator to try to reach a resolution.
• Attend a Trial: If the parties are unable to reach a settlement, the case may go to trial, where a judge will make a final decision on the issues in the case.

It is worth noting that the specific steps in the divorce process can vary depending on the particular circumstances of the case and the needs of the parties. It is always beneficial to work with an experienced divorce attorney to ensure that your rights are protected throughout the process.

Understanding How Custody Is Granted in North Carolina

In North Carolina, the court will determine custody of a child based on the child’s best interests. This means that the court will consider a variety of factors when deciding which parent should have custody of the child. The final custody arrangement will depend on the specific circumstances of the case.

When determining custody, the court may consider the following factors:

• The Child’s Age: The court will consider the child’s age and any special needs they may have when deciding which parent should have custody.
• The Child’s Relationship With Each Parent: The court will consider the child’s relationship with each parent. The court may ask the child’s preference if the child is old enough to express one. The amount of time the child has spent with each parent will also be a determining factor.
• The Ability of Each Parent to Provide for the Child’s Needs: The court will consider each parent’s ability to meet the child’s physical and emotional needs. This includes the parents’ physical and mental health, their ability to provide a safe and stable home environment, and their ability to meet the child’s educational and recreational needs.
• Any History of Abuse or Neglect: If there is a history of abuse or neglect by one parent, the court may consider this in determining custody.

The court may award either joint custody or sole custody to one parent. Joint custody means that both parents have legal custody of the child, and both parents have the right to make decisions about the child’s upbringing. Sole custody means that only one parent has legal and physical custody of the child.

It is important to keep in mind that the custody determination process can be complex. It is always a good idea to work with an experienced attorney to ensure that your rights and the best interests of your child are protected.

FAQs

Q: What is the average retainer fee for a divorce lawyer in North Carolina?

A: The average retainer fee for a divorce lawyer in North Carolina can vary depending on a number of considerations. Generally, you can expect to pay a retainer fee of $2,500 to $5,000 or more for the services of a divorce lawyer in North Carolina. Some attorneys may charge a flat fee for their services, while others may bill on an hourly basis. Choose an attorney that is open about their fees and services from the beginning.

Q: Does North Carolina favor mothers in custody cases?

A: In North Carolina, the courts are required to make custody determinations based on the best interests of the child. The gender of the parent is not one of those factors. That being said, it is generally true that mothers are more likely to be awarded primary physical custody of children in North Carolina, although this is not always the case.

Q: What is the role of a family solicitor?

A: A family solicitor is a lawyer who specializes in family law. This field covers a wide range of legal issues related to family relationships, including divorce, child custody and support, adoption, and domestic violence. Some common responsibilities of a family solicitor may include:

• Advising clients on their legal rights and options
• Negotiating settlements
• Representing clients in court
• Handling paperwork and filings
• Communicating with clients

Overall, the role of a family solicitor is to advocate for their clients and help them navigate the legal process to achieve the best possible outcome for their case.

Q: Who pays attorney fees in child custody cases in North Carolina?

A: In child custody cases in North Carolina, the court may order one party to pay the attorney fees of the other party if it finds that one party has significantly greater financial resources than the other. This is known as an award of attorney fees. The purpose of an award of attorney fees is to ensure that both parties have access to legal representation, even if one party has more financial resources than the other.

Reach Out to Our Lenoir County Family Lawyers Today

In family court issues, Law Office of Lyndon R. Helton, PLLC, has years of expertise defending clients in Lenoir, North Carolina. Our staff also draws from a deep reservoir of expertise to manage a variety of situations, from intricate child custody battles to multidimensional high-net-worth divorce matters. When you choose our company to represent you, we take the time to get to know you and your case. This allows us to offer the sympathetic and client-centered legal advice you require in these trying circumstances.

A consultation with our team could mean the difference between safety and quality of life for you and your family in the future. If you are experiencing difficulties with your family law case, reach out to our family lawyers at Law Office of Lyndon R. Helton, PLLC, to make sure that your case is being handled by the best attorneys for the job.