I Want to Get Divorced
Once you have been separated for over one year, you can get a divorce from your spouse. You have to live separate and apart for over one year, and at least one of the parties must want to get divorced. If you want to file a complaint for an absolute divorce in North Carolina, then […]
North Carolina’s Civil Restraining Order Options
In North Carolina, you can file an action in District Court for two different types of civil restraining orders: no-contact and domestic violence protective orders. A person can seek these orders ex parte (without giving notice to the other party); however, an ex parte or temporary restraining order is only good for up to ten […]
Why Should I Hire an Attorney?
Divorce and custody cases can be expensive, and I understand many people want the least expensive option. Some avoid hiring an attorney and attempt to handle their divorce on their own. I would never recommend someone navigate this process without the advice of a family law attorney. Too many times I have witnessed litigants represent […]
How Much Will I Spend on my Family Law Case?
Attorney fees can be one of the greatest expenses involved in the divorce process, but divorce attorney fees aren’t straightforward. The amount of attorney fees that you incur will depend on the following factors: The complexity and number of issues involved, Whether your matter is in court or out of court, and Whether the issues […]
The Difference between Post Separation Support and Alimony
What is Post Separation Support? Post separation support (PSS) is a temporary form of alimony. A dependent spouse may be entitled to PSS pending a full trial on alimony. You are a dependent spouse if you are without the means to provide for or maintain your own accustomed standard of living without financial contribution from […]
Grounds for Termination of Parental Rights by the Other Parent
Termination of parental rights is a serious and complex matter and should not be taken lightly. The other parent’s mere lack of involvement in the child’s life is not enough to require terminating his or her rights to the child. There are several grounds for terminating the other parent’s rights, including, but not limited to: […]
Can you buy a house during the period of separation from your spouse?
The short answer is, yes, you can buy a house during the period of separation from your spouse. There may be a few hoops to jump through, however. In North Carolina, if you are married, then both spouses may need to be present at the closing table to sign off on certain documents, even if […]
How Long Will My Family Law Case Last?
It Depends. The average life span of a family law case can range from a few weeks to several years. The length of your family law case will mostly depend on three things: How well the parties can agree on certain issues How many issues are present in the case Whether experts are needed to […]
How Child Support is Determined
How is child support determined in North Carolina? Child support is determined by using a set of guidelines called the North Carolina Child Support Guidelines, which are modified from time to time. Custody Matters Why does my custody schedule matter? First, before a court determines how much child support to award, the parties must inform […]
Criminal Domestic Violence
If you have been charged with a crime of domestic violence, such as simple assault, assault on a female, domestic criminal trespass, communicating threats, or interfering with emergency communication, then the outcome of that criminal case will have a huge impact on your divorce case. Our skilled family law attorneys at Robison Smith Law, have […]