Lenoir Family Lawyer

Lenoir Family Attorney

Family law encompasses the broad civil regulations and laws that govern legal family relationships. There are many rights and responsibilities covered under family law. Issues that are addressed by family law can be some of the most sensitive and emotional for individuals. A Lenoir family lawyer can help you navigate these challenges with compassion, working towards an outcome that supports your family’s future.

The attorneys at Cody Law Firm have over three decades of combined experience assisting clients with navigating the intricacies of family law.

What Is Family Law?

Family law covers some of the most sensitive aspects of an individual’s life. Common areas covered under family law include issues related to marriage, such as child custody, divorce, property division, and spousal support.

Child Custody

Some of the potential family law issues that may arise as a result of a divorce focus on the couple’s children. If there are children in the family, a Lenoir family law attorney at Cody Law Firm can help with understanding child custody, establishing visitation schedules, and determining child support payments.

In North Carolina, there are two primary types of custody: legal custody and physical custody. Physical custody can be joint or sole and determines where a child lives and spends their time. Legal custody concerns the authority to make decisions for the child. This may include major decisions related to the child’s rearing, including education, religious upbringing, and healthcare.

Divorce in North Carolina

The divorce rate in North Carolina is 2.8 divorces per 1,000 people, with a slightly higher rate in Lenoir County at 2.9 divorces per 1,000 people. North Carolina allows for no-fault divorces, and an experienced attorney can explain the difference in pursuing a fault divorce compared with a no-fault divorce.

A no-fault divorce means that blame does not need to be assigned to either party. To pursue a divorce in North Carolina, couples must live separately for one year. There are also residency conditions – at least one of the parties must have resided in North Carolina for a minimum of six months prior to filing for divorce.

Family Law Areas

In addition to issues surrounding marriage and divorce, other family law topics include:

• Surrogacy
• Adoption
• Paternity
• Reproductive rights
• Protection from abuse orders for victims of domestic and partner violence
• Emancipation of minors
• Issues that focus on juveniles
• Inheritance rights in families

What to Expect in a Family Law Case

Although each situation is unique, there are some common steps that may occur during a family law case. The initial step may be to find a Lenoir family lawyer who can guide and represent you during the process. If you live in Lenoir County, the clerk of the court will process the documents associated with your case at the Lenoir County Courthouse located in Kinston at 130 S. Queen Street. Your attorney will handle filing and serving the required petitions and documents with the court.

What Can Your Family Law Attorney Do?

Your attorney will need to file a complaint with the court. This document will state the facts of the case and serve as the formal request for divorce. The complaint may include a request for spousal support or division of property. Other documents required to be filed include a summons, a Domestic Civil Action cover sheet, and an affidavit, where applicable, stating your spouse is a member of the military.

Your attorney will negotiate to ensure that any marital property and debt are divided equitably. It is important to understand the difference between marital and separate property. North Carolina law defines marital property as real and personal property that was acquired by both or either spouse during the marriage. Separate property is generally property acquired prior to the marriage or property received through inheritance or as a gift.

Your attorney will also present you with different options throughout the process that may include reaching a settlement, participating in mediation, using collaborative family law, or going to trial – all while advocating for an optimal outcome for you. The final step is to finalize and explain divorce orders, custody agreements, or support orders.

FAQs

Q: When Should You Hire a Family Lawyer?

A: If you are facing a family law issue in Lenoir, you will likely need legal advice. A family lawyer can help alleviate the stress of dealing with a divorce, adoption, child custody issues, or creating a prenuptial agreement. Hiring a Lenoir family lawyer at the beginning of the process will reduce the burden on you and allow the attorney to organize items efficiently and in a timely manner.

Q: What Are the Most Common Family Law Cases?

A: Most family law relates to disputes that arise between members of a family, including spouses, children, parents, or siblings. Common cases involve divorce, the custody of children as the result of a divorce, and child and spousal support determinations. Various legal issues can be present in each type of case, such as different child custody arrangements (physical, legal, and joint), child visitation schedules, alimony payments, and the division of property.

Q: What Type of Lawyer Is Ideal for Divorce?

A: Divorce attorneys focus on navigating the complexities of ending a marriage. A divorce attorney practices under a subsection of family law and has a thorough understanding of the legal system and family law. Their proficiency allows them to provide personalized advice and guidance during the divorce process. A divorce attorney can conduct negotiations with your spouse’s legal counsel and represent your interests in court.

Q: What Is the Difference Between a Family Lawyer and a Divorce Lawyer?

A: The terms family lawyer and divorce lawyer can be used interchangeably. They both refer to legal professionals who have a deep understanding of family law, especially in the areas of separation and divorce. These types of lawyers are skilled at guiding a client through challenging situations using various means such as contract negotiations, dispute resolution, mediation, or legal proceedings before the court.

Discuss Your Family Law Needs With Cody Law Firm

If you are facing a family law matter, the team at Cody Law Firm can help. Call the office to schedule a consultation and learn how our experienced family law attorneys can help.