NC Family Law Blog

News & Advice From NCFLB

Family Law Is One of the Most Difficult Areas in the Legal System

Family law is one of the most important and most difficult areas of the legal system. It deals with families at their most difficult times. For those who are going through these types of situations, it is best to speak to an attorney that specializes in this area. You can protect those you love and use the law to help you to make the changes necessary to do that. Ultimately, finding the right attorney will make all of the difference. Are you struggling with personal decisions or complications that you need to resolve legally? If so, you are not alone.


Family unions are among the many cases that a lawyer may encounter in family law. The union and dissolution of people is often dealt with in this field. Prenuptial agreements are usually drafted and made by legal representatives who are very well versed in the laws that govern these unions. These agreements usually outline the conditions of the marriage and deals with the results or outcome of the union when an end is apparent. The same professionals who can draft and make the prenuptial agreements deal with divorce, legal separation and annulments. The many different aspects of the dissolution of the union are also part of the responsibility of the attorney. These include dependents such as children and pets, properties and assets as well as others. There has to be an agreement between both parties regarding the many different matters that often come up when partners dissolve their union or partnership. If there is no agreement, both parties may need to go court and be heard by a judge. The lawyer usually represents his client in the meetings for the amicable dissolution of the union as well as the hearings that will follow if there is no agreement reached. It is important that the client outline his or her preferences to the attorney before attending any meetings in which the terms of the dissolution will be discussed. This is so that there is already a clear understanding between the attorney and the client as to what the goals of the meetings are.

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Family law is complex and challenging. The reality is that there are many facets to it. A family lawyer specializes in these domestic situations and will have the expertise to know exactly how best to help you with your case so you do not have to feel that you are on your own. Here are some tips to follow:

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Always ask for a history of the lawyer to look at before agreeing to use his services. Just because they can practice don’t mean he is good. Be sure that you go over his past carefully so that you’re confident in their abilities.

Think of what exactly you want before looking for a lawyer. You need to know if a lawyer. You ought to have representation if you are faced with criminal charges, have a lawsuit or are seeking a divorce.

You may not realize that you are entitled to have everything you’ve shared with a lawyer to be kept confidential. For instance, if you speak with your lawyer about something dealing with your company, you do not have to worry because a lawyer is legally bound to not share this information with others.

You don’t just hire the first lawyer you come across. You should do the research to make sure you make the best choice. You don’t want to find that you choose the wrong lawyer without a valid license or one who has been sued for malpractice.

You can speak up about a situation if it makes you don’t like. While your lawyer is looking out for you, they may have quite the case load.

Business people who regularly deal with lawyers on a regular basis may be able to separate the wheat from the chaff more effectively than others would. For example, if you need a small business lawyer, you should talk to a Realtor, accountants and real estate brokers. These people are frequently interacting with lawyers and can give a more informed opinion.

Before you hire a lawyer, check their record for complaints. If they have a few complaints, research them to see whether you should consider hiring a different attorney.

Lawyers are here and have been here for a while because people have a need for them. They have a valuable service that is needed in many aspects of life. Utilize the tips provided here so that you can select a great lawyer who will do all he or she can to win your case.

Study Shows Judges With Daughters Side More With Women

i-custodyAccording to a new study from Harvard University, judges who have daughters for children more likely to vote in favor of women’s rights than ones with only sons.  Professor Maya Sen states that “by having at least one daughter, judges learn about what it’s like to be a woman, perhaps a young woman, who might have to deal with issues like equity in terms of pay, university admissions or taking care of children.”  This study could implicate how judges who have daughters make custody determinations in child custody cases, or in other areas of family law.  Professor Sen observes that “Justices and judges aren’t machines. They are human, just like you and me. And just like you and me, they have personal experiences that affect how they view the world.” Read more about the study here. Domestic violence cases are an entirely different case and require an experienced attorney in domestic violence. Learn more about domestic violence cases on this website.

Aside – Against the Objections of Republicans Leaders

According to the Raleigh News and Observer: “Against the objections of Republicans leaders, other changes to the budget included: restoring family court, which was eliminated in the House budget…”

The family court system, which operates in only 13 of North Carolina’s 100 counties, was on track to be completely defunded in the newest draft of the state budget, but a last minute amendment saved the program. However, family court’s statewide budget allocation has been cut significantly from $2.9 million to $1.9 million for the 2014-2015 fiscal year, leaving many to wonder about how the program can continue to effectively and efficiently move domestic cases through the litigation process.

North Carolina Might Eliminate Funding For Family Courts

final-nc-seal-black-2In a new draft of the state budget for 2014-2015, the North Carolina House of Representatives has proposed cutting nearly $3 million allocated for family court districts across the state (see page 124).  If this budget passes, what would this mean?  It could mean a delay (or outright denial) of justice for people litigating their divorce, child custody, property division, and other family-related cases.

Looking at the statistics that prove the efficiency of family courts, only 18.8% of cases in family court districts lasted longer than a year, compared to 51.0% of cases in non-family court districts.  The median age of pending cases was 116 days for family court districts, while the median age for cases in non-family court districts was 390 days.  In short, the approval of this budget could prove disastrous to litigants across North Carolina, especially since the majority of family court cases involve unrepresented parties.

What Happens When Grandparents Divorce?

Senior couple having a fight.

We’ve previously posted articles about the growing trend of gray divorce, or getting divorced later in life.  Much has been written about how people begin the process of disentangling themselves from their spouse after marriages of over 30, 40, or even 50 years and above, especially in terms of how to divide property after such long marriages.  What hasn’t been written about in detail is the effect that gray divorce has on the family members – the adult children and grandchildren – of older spouses going through a separation or divorce.  Check out this article for more insight on this issue.

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