Family Law in North Carolina

There are times in life when we need to resolve our family issues through the court system. Some of these issues are divorce, property division, child custody, child support, alimony, post-separation support, pre-marital agreements, adoption, and wills and estates – just to name a few.

If you find yourself in the position of needing to go to court to handle these issues, don’t act alone. The attorneys at Remington & Dixon PLLC in Charlotte, have all the experience you will need in dealing with your family law situation.

My Spouse and I Are Amicable, Can’t We Handle Our Own Divorce?

It may feel like a do-it-yourself divorce is the way to go. After all, you and your spouse don’t hate each other; you just don’t wish to be married anymore. What feels so easy now might not stay that way when things get going. Do you know best how to protect your interests? Do you have all the documentation you will need to present to the court regarding child support, division of assets and liabilities, alimony, etc.? There is much to think about when going through the difficult divorce process. Hiring an attorney protects your interests in all things related to divorce. Don’t go through this by yourself. Our attorneys are here for you and have all the experience you will need.

What If My Spouse and I Are Separated?

If you have separated from your spouse, and have been living apart for at least one year, the court will consider that grounds for divorce. One thing to keep in mind is that, if necessary, you may obtain spousal support (alimony) and child support while you are separated. You can work that out between yourselves and the court will approve it, or the court will render a decision for you if you can’t come to an agreement.

Should We Obtain a Prenuptial Agreement?

It is quite common for couples to draw up a prenuptial agreement (or pre-nup) before tying the knot. It might be difficult to discuss, as it pertains to the idea that you may eventually divorce. However, this agreement can protect assets each of you brings to the marriage, can stipulate a settlement if the marriage ends within a certain period of time, protects business holdings, etc.

Before signing any pre-marital agreement, hiring an attorney to look it over or draw one up for you is essential. They can protect your interests and will direct you to the best way to set up the pre-marital agreement that works best for you. It can be a sticky subject, so having an objective third-party can ease the burden of these negotiations.

A Prenuptial Agreement cannot address any issues of child support or child custody.

Child Custody in North Carolina

If you are involved in any child custody proceedings in North Carolina, consider this: The courts do not always award custody of children to the “obvious” parent. The court considers an array of facts, working in the best interests of the child, and will award custody to the parent that best fosters that interest. The non-custodial parent typically is the one who pays child support to the custodial parent, although both parents are responsible for the welfare of the child.

Some items the court will consider when deciding custody include the stability of each parent, the emotional and physical status of each parent, the current primary residence and school district of the child, etc. There are many factors that go into the process and you should have someone on your side the whole way.

Navigating this course by yourself is not recommended. Hiring an attorney to negotiate for you, gather all the facts, and represent you through the process is the best course of action in any child custody case.

What About Adoption? Can’t an Agency Handle That?

Adoption can be a very complex process! You will definitely need an attorney to represent your interests in this arena – especially when your adoption does not involve the use of an adoption agency.

For instance: Are you adopting the biological child of your spouse? Has the other biological parent relinquished his or her parental rights? Are you in a same-sex marriage and are adopting the child of your partner? What are the laws regarding a biological mother changing her mind about adoption? Are you a relative adopting a family members’ child due to their death or termination of parental rights? Or are you and a spouse adopting a child not related to either of you biologically?

This can be such a confusing area to navigate. Let our attorneys at Remington & Dixon handle it for you. They are experienced in the area of adoption laws and can get you through to the best outcome for you and your family.

Wills and Estate Planning

Will and estate planning is important, but is also often something that many people put off. We simply don’t want to think about the end of our life. But thinking about it when you are healthy and of sound mind is just the time to address the issue. You want to protect your family and your assets from undue taxes, fees, penalties, and you certainly don’t want anyone fighting over it.

This area can also be very complex to navigate. Many issues must be resolved as to who gets what, when, for how long, what goes into a trust, who is responsible for the estate, etc.

The situation is likely to change over time, as you acquire or sell off assets, liabilities change, family members die, divorce, etc. Having an attorney who can maintain your interests in a changing environment is highly invaluable in this area. Let our attorneys work for you.

Why Hire an Attorney from Remington & Dixon?

Having an attorney work for you that understands family law in North Carolina is the best asset you can have. There can be many twists and turns in the area of family law, and having someone on your side to negotiate and represent you through all the ins-and-outs is essential to protecting your rights. Contact one of our skilled family law attorneys in North Carolina today.


Are consultations free?

While we offer a free consultation on traffic matters, criminal matters, and most professional license defense cases, we charge a fee for family law consultations to personalize our consultations to your specific needs. To learn about our fee structure, please get in touch.

Where can I get legal advice?

We recommend meeting with an attorney. While there is free legal help available for North Carolina residents from pro bono resources for civil matters, and public defenders for criminal cases, the best way to access tailored advice is to hire a lawyer.

Can I hire you if I’m in another state?

This is done on a case by case basis if you are involved in a family law, criminal, or professional disciplinary matter that involves another jurisdiction.



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