Family Law
What we generally think of as “adultery,” is referred to by North Carolina Gen. Stat. 50-16.1A(3)(a) as “illicit sexual behavior” which is defined as “sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts defined in G.S. 14-27.1(4), voluntarily engaged in by a spouse with someone other than the other spouse” that occurs during the marriage and prior to or on the date of separation. Adultery is one of the common reasons a marriage…
A dispute between parents over child custody or visitation can arise at any time when the child is born outside marriage or there is a separation or divorce. Even if the parents have a verbal agreement or mutual understanding that one parent should have primary physical custody of the child, it is in the best interest of the child and the parents to have a written custody agreement or court order setting forth each parent’s…
Legal expenses in a domestic case can add up quickly, especially if there are complex legal issues, or hostility and bitterness between the parties that impedes settlement negotiations. In Asheville and the Western North Carolina area, it is customary for family law attorneys to charge an hourly rate for cases that involve child custody, child support, spousal support, and equitable distribution of marital property. The following are tips that may help minimize your legal expenses…
In North Carolina, domestic violence can be defined in simple terms as abuse, fear of abuse, harassment, or undue manipulation or control that occurs between two parties involved, or formerly involved, in a personal or intimate relationship. This can include spouses, former spouses, opposite sex couples who have lived together, children, parents, and grandparents. Domestic violence is not limited to physical violence and may also include sexual assault, mental abuse, harassment, and stalking. Helpmate, the…
An action for modification of child custody is when one party files an appropriate action with the court seeking to have the living arrangements of the child (or children) changed from that established in an existing Order of the court or written agreement between the parties. Disputes over child custody are almost always emotionally charged and can lead to bitter and lengthy litigation. Under North Carolina law, child custody is always subject to modification by…
