The law office of James A. Warren, Jr. concentrates and specializes in the area of Family Law. I devote a substantial amount of time staying abreast of changes in the law in the area of domestic disputes such as child support. I can assist you with legal aide in the following areas:
Divorce
Divorce is the termination of a marital relationship. North Carolina has a "no fault" law concerning divorce. The divorce, in almost all cases, is based upon a separation for the statutory period of one year. We can obtain a divorce without your having to go to court. However, the clock starts ticking on some important deadlines when you file for a divorce. Issues which can be of critical importance to you such as spousal support and equitable distribution can be barred if they have not been properly pursued prior to the entry of divorce judgment. It is imperative that before you seek a divorce, you contact an experienced, competent domestic attorney who can explain to you divorce law. I also have experience with such claims as alienation of affection and criminal conversation ancillary to some divorce proceedings.
Child Custody & Visitation
Child custody can be the most important and emotional issue which arises when a marriage is failing. North Carolina law does not favor the mother over the father. There are many circumstances that can affect the issue of parental fitness and the issue of best interest of the minor children. Even if you do not intend to seek custody for your children, your access to them is of critical importance. I have represented mothers and fathers, both in mediating custody disputes and in litigating custody disputes, and know what is important to judges in such cases.
Child Support
Child support calculation in North Carolina is based on the North Carolina Child Support Guidelines. A worksheet using gross incomes is used to determine a recommended amount of child support. Circumstances such as work related day care expense, health insurance premiums attributable to the children, and certain extraordinary expenses can also affect the amount of child support that has to be paid by one parent to the other.
(A sample NC child support calculator is available at the North Carolina DHHS web site.) Even if the parties work out a joint custody arrangement, one party may still have to pay child support. It is important that you consult a competent attorney on the issue of child support prior to agreeing to any amount of child support. My experience in the North Carolina child support area can be of critical value in making sure you are not paying too much or receiving too little.
Alimony & Spousal Support There is no guideline in North Carolina for determining how much or how long alimony is to be paid by one party to the other. If not resolved in negotiation, judges have a great deal of discretion in determining the amount and duration of spousal support. Factors such as length of marriage, reasonable needs and expenses of both parties, health of one or both spouses, the incomes of each party, and their ability to earn income are important factors. Proof of adultery prior to separation is a bar to alimony, but perhaps not to post separation support. My experience in evaluating, mediating, and litigating these types of cases can be invaluable to your either getting what you are entitled to receive or limiting your exposure to amount and duration of alimony payments.
Equitable Distribution
In North Carolina, it doesn't matter whose income purchased property acquired during a marriage. Money earned and property acquired between date of marriage and date of separation, is marital and subject to division by the court. The court can divide marital property unequally if it finds such a distribution to be equitable. Marital property is property which must be identified, valued, and distributed. Separate property and debts are not subject to distribution by the court. I will help you understand the difference. My knowledge and experience will help you with the evaluation and division of your marital assets & debts, including retirement benefits & accounts, stock options, real property, and small businesses.
Prenuptial, Postnuptial, and Separation & Property Settlement Agreements
Some people contemplating marriage desire to enter into an agreement to protect the assets they have accumulated prior to the marriage, and even those they acquire during the marriage. Under existing North Carolina law, parties can enter into such a contract even after they are married, if still living together. If the marriage has failed, they can enter into a separation and property settlement contract. Such agreements can be the most expedient and least expensive alternatives available. Negotiation should be done efficiently to reduce expense and avoid going to court. I will explain your options clearly from the beginning, and continue to communicate them as things progress. Your time & money will not be wasted as we work aggressively toward achieving your goals.
Criminal and Civil Domestic Violence
Unfortunately, violence in relationships is dangerous and can affect the physical and mental safety of spouses and children. North Carolina has criminal and civil statutes which can be used to help in cases of domestic violence. If you or your children have been threatened or assaulted, you can get help. Criminal warrants for assault and communicating threats can be taken out. In North Carolina we have a civil domestic violence statute which can result in the entry of a domestic violence protective order which can be a strong tool to protect you and your children. If you or your children are victims of domestic violence, please seek help. I can assist you in obtaining all the protection that the law can give you.
Mediation
Mediation, with a paid mediator, can be a productive method of resolving family law disputes. This can occur during the negotiation process or as ordered by the court during litigation. My experience with mediation will help identify potential mediators who are effective and not pile on unnecessary expense. Before going to mediation, you will have a full understanding of what is involved and how the process works, what your costs will be, and what your options are. Should mediation be necessary, my assistance will help ensure that it is efficient and effective.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
is the termination of a marital relationship. North Carolina has a "no fault" law concerning divorce. The divorce, in almost all cases, is based upon a separation for the statutory period of one year. We can obtain a divorce without your having to go to court. However, the clock starts ticking on some important deadlines when you file for a divorce. Issues which can be of critical importance to you such as spousal support and equitable distribution can be barred if they have not been properly pursued prior to the entry of divorce judgment. It is imperative that before you seek a divorce, you contact an experienced, competent domestic attorney who can explain to you divorce law. I also have experience with such claims as alienation of affection and criminal conversation ancillary to some divorce proceedings.
There is no guideline in North Carolina for determining how much or how long alimony is to be paid by one party to the other. If not resolved in negotiation, judges have a great deal of discretion in determining the amount and duration of spousal support. Factors such as length of marriage, reasonable needs and expenses of both parties, health of one or both spouses, the incomes of each party, and their ability to earn income are important factors. Proof of adultery prior to separation is a bar to alimony, but perhaps not to post separation support. My experience in evaluating, mediating, and litigating these types of cases can be invaluable to your either getting what you are entitled to receive or limiting your exposure to amount and duration of alimony payments.