Common Questions
Who can claim the child dependency exemptions for the children?
What is the difference between legal and physical custody?
Do you have to hire you own lawyer before you can mediate your dispute?
Common Questions
This portion of our website offers brief answers to many common questions our clients ask about family law issues in North Carolina. We hope you will find this information useful to learn about the law related to these topics. The answers are not designed to provide a complete opinion on these topics or to address your unique situation, nor are these responses a substitute for consulting with a lawyer to provide objective legal counsel for the specific details of your case. Every case has its own individual dynamics, and your interests are typically best served by hiring an experienced lawyer to advocate for you and your family.
Common Questions
Common questions are catagorized on the left. Open a topic by clicking on it and then select a common question to find our answer.
Divorce & Separation
Do I need a lawyer?
It is in a person’s best interests to hire an attorney for his or her case, one who is committed to not only educating him or her about rights and obligations, but who is also there to serve as an advocate. A good attorney knows the law inside and out and stays current on updates that may affect the case. A good attorney also knows important deadlines and the proper procedure for filing documents at the court. Many attorneys have good relationships with judges and other attorneys, who can often help an individual’s case.
What are the consequences of marital misconduct?
Marital misconduct can be considered when determining amount or duration of alimony or as a basis for a court-ordered separation.
What can I expect throughout the process?
When a person contacts Smith Debnam for help with a family law issue, he or she first speaks with a knowledgeable paralegal who will ask some questions about the case and can schedule a consultation with one of our attorneys.
The consultation is an important step in the process. It gives the client an opportunity to ask detailed questions and evaluate if the attorney is a good fit for his or her case. When clients come in for the initial consultation, they need to bring any documents that are relevant to the matter. For example, clients should bring previous agreements or court pleadings that the attorney will need to review to advise them correctly. If they are coming in for a consultation to begin the separation process, clients should bring documents evidencing marital debts and assets.
Once an individual chooses to retain the attorney for his or her case, that client is assigned a paralegal to walk them through the process. That paralegal will assist the client with preparing the documents necessary for the court process, or work with him or her to gather documents necessary to negotiate settlement documents. The paralegal will also be in regular contact regarding approaching deadlines. The attorney educates clients about their rights and obligations and sets goals and milestones based on specific situations.
Being honest about all the details of the case from the beginning is essential to the process. We want all of our clients to feel comfortable with our attorneys and trust that they will guide them in the right direction and help make responsible decisions for each family.
What if my spouse had an affair?
Extramarital affairs can be considered a form of marital misconduct, which may affect the amount or duration of alimony that a person pays or receives. Sometimes, when extramarital affairs are an issue, lawsuits for alienation of affection and criminal conversation can arise. An attorney can help evaluate whether these actions are appropriate for a specific situation.
What if I don’t want a divorce?
If one spouse desires a divorce, the spouses are separated for the required amount of time and the spouse initiating the divorce proceeding does so in the proper way, the spouse who wants the divorce is entitled to it, and a court will grant the divorce.
What do I do when my spouse files for divorce?
A spouse who is served with divorce papers should contact an attorney immediately. There are deadlines to respond to a lawsuit and important rights that can be lost if action is not taken quickly.
What does a divorce cost?
In North Carolina, there is a filing fee payable to the clerk of court in the county in which the action is being filed to initiate the lawsuit for a divorce. Additionally, there is a fee for service or actual delivery of the lawsuit to the opposing party. Service is typically accomplished by certified mail or by sheriff, and those costs vary.
The filing fee for a claim for absolute divorce is $225.00
The service fee for the sheriff’s office is $30.00
Certified mail varies in cost, but it is typically $4.00 – $6.00
If a person chooses to hire an attorney to handle his or her divorce, that attorney will charge a reasonable fee for the time spent to draft the necessary documentation to complete the divorce and to appear in court on his or her client’s behalf, if necessary. The best way to get an estimate for the total cost of a divorce is to set up an initial consultation with an attorney to review the details of the case.
How long does a divorce take?
It often takes longer than a client believes it should to get a divorce. The actual dissolution of a marriage can generally take as little as 45 – 60 days, but resolving other issues regarding child custody , child support , alimony and/or property division can take months to conclude, if not longer.
Can I get an annulment?
North Carolina recognizes limited grounds for annulment such as cases of bigamy or when one party to the marriage is not of legal age to marry. There are few other grounds, and an attorney can help advise whether a particular situation qualifies for annulment.
How do I get a divorce in North Carolina?
Once a couple has been separated for one year, either spouse may file a lawsuit asking the court to dissolve the marriage. However, handling the other issues surrounding the divorce including child custody , child support , alimony and/or property division may not be as simple. Assuming all of the other issues are resolved, obtaining a divorce is a relatively simple process.
What if my spouse won’t agree to separate?
If a spouse will not agree to separate, the other spouse may have several options. In some instances, it may be advisable for the spouse desiring a separation to make the first move and actually leave the marital residence to begin the period of separation. Depending upon the specific facts, other options may be available. Every option carries with it some level of risk, whether legal and/or financial. For that reason, it is always advisable to seek the legal counsel of an attorney regarding the rights, risks and obligations triggered by a separation before deciding to initiate a separation.
What if my spouse abandoned me?
Abandonment is defined as one spouse’s leaving the marriage without the consent of the other spouse, without justification and with the intention of ending the marriage. Because abandonment is considered a form of marital misconduct, it can affect the amount of alimony one may receive or pay, as well as the term of alimony.
Can I draft my own separation agreement?
On occasion, individuals do draft their own separation agreements; however, using another person’s agreement as a template or finding a sample online to draft a separation agreement may not result in the desired outcome. Additionally, each state has specific laws regarding separation and divorce; therefore, an agreement drafted under the laws of another state is likely useless for a North Carolina resident.
What is a separation agreement?
A separation agreement is a private, written contract between separated spouses that can resolve most, if not all, of the issues surrounding their separation and divorce. Separation agreements can include specific and detailed provisions regarding child custody , child support , alimony and property division , among other things.
How long do I have to be separated before I can file for a divorce in North Carolina?
A married couple must be separated for at least one year before either spouse can file for the divorce.
What is legal separation?
A husband and a wife become separated only when they begin living apart from each other, in different residences, with at least one of the spouses intending for the separation to be permanent, and the separation remains permanent. A couple, by their actions, can resume their marital relationship following a separation. In that event, their original date of separation no longer applies.
The date of separation is important for at least two reasons:
1. It starts the clock running on the one-year waiting period that is required for filing a divorce.
2. It is the date upon which the marital property and debts are valued for the purpose of being divided.
What is marital misconduct?
Marital misconduct can include certain acts that occur during the marriage, such as infidelity, abandonment, cruel treatment, verbal or physical abuse, reckless spending or excessive use of drugs or alcohol, among other things.
Child Custody
How can I make sure my child’s emotional needs are being met through this process?
Children react differently to the transitions surrounding a divorce. It is common for them to feel abandoned or that the divorce is their fault. It is important to be aware of a child’s behavior during this time and to avoid placing the child in the middle of a dispute regarding the other parent. Aside from refraining from words or actions that would disparage the other parent to the child, it may be appropriate to seek the advice of a counselor or other professional to make sure the child’s emotional needs are being met through this process. An attorney or pediatrician should be able to recommend a good professional counselor or psychologist.
What kinds of custodial schedules are possible?
Any custodial schedule that will serve the child’s best interests can be considered. Traditionally, one parent may have had primary physical custody and the other parent may have had visitation with the child on alternating weekends. These traditional kinds of schedules still occur in a number of cases, but more equal custodian arrangements are not uncommon. In very few cases based on extreme facts, one parent may have physical custody of a child and the other parent may have supervised visitation or no visitation at all.
What are a parent’s rights regarding custody when there is no agreement or order in place?
Absent an order or agreement, the parents of a child generally have equal rights as to the custody of their child. It is ultimately better to have a written understanding about each parent’s rights to not only clarify expectations, but also to provide clear direction to the child’s schools and doctors.
What is the difference between legal and physical custody?
Legal custody determines who makes the major decisions for the child. Major decisions include health, welfare, education and religion. Physical custody determines where the child resides and the custodial schedule between the two parents. In most cases, regardless of the physical custody agreement, parents have joint legal custody, meaning that making major decisions regarding the child is a shared responsibility.
What about grandparents’ rights?
Grandparents have limited rights regarding custody. In some circumstances, grandparents may intervene in pending custody actions to ask for visitation. In very limited cases, it may be appropriate for grandparents to ask for custody of their grandchild where the child’s parents have chosen, in some way, to ignore their right to parent, have delegated to a third party the right to parent the child or when the parents are determined by the court to be unfit.
Can a parent take his or her child out of the state?
Assuming there is no formal agreement or court order either allowing or prohibiting out-of-state travel or relocation, taking a child out of the state depends on the particular facts of the case. In some instances, taking a child out of the state with the intention of relocating that child may have a negative effect on a case. It is important that when issues of out-of-state travel or significant relocation within the same state arise, that a client consults with an attorney to discuss how to best handle those issues in the least problematic way.
What age can a child decide which parent to live with?
The law does not specify an age for a child to decide with which parent he or she wants to live. A child who is of a reasonable age and level of maturity may express his or her desires to the court, and the court may consider that child’s desires in reaching a decision about custody. However, the court is not bound by the child’s comments.
How is child custody determined?
Child custody can either be agreed upon by the parents, or a court can make a decision about child custody. When a court has to make a decision about child custody, it must decide all custody issues based on what is in the child’s best interests. In determining what custodial arrangement is in the child’s best interests, the court may consider who has been the primary caregiver of the child, what has been the previous custodial arrangement, and whether there are any special needs or extenuating circumstances surrounding the child or the family. These factors are just a few of the many criteria a court can consider in custody cases.
Child Support
What are the child support guidelines?
The North Carolina Child Support Guidelines
Child Support Calculator
How do I enforce an order or an agreement for child support?
There are several ways to enforce a parent’s child support obligation. How the obligation is enforced depends on the unique facts of the case. The law provides more ways to enforce payment of child support obligations than other financial obligations.
Can college expenses be considered in child support?
A parent can voluntarily agree to pay for college expenses for a child, but the law does not require it.
How are a child’s healthcare expenses paid?
In some circumstances, parents can agree on how to pay a child’s uninsured or unreimbursed healthcare expenses in any way they desire. In the absence of an agreement, the expenses are divided in some proportion between the two parents, ranging from equal payment to each parent paying a percentage of the child’s healthcare expenses in proportion to his or her respective gross income.
Who can claim the child dependency exemptions for the children?
Outside of an agreement or order otherwise, the Internal Revenue Code states that the parent who has the child for the majority of overnights throughout a calendar year should claim the exemptions. The North Carolina Child Support Guidelines presuppose that the parent who is receiving child support ought to claim those exemptions.
Do I have to pay taxes on child support I receive?
No. Child support is not taxable to the parent who receives it nor is it deductible by the parent who pays it.
Is there a difference between child support and alimony?
Yes. Child support is support paid for use and benefit of the child, and alimony is support paid for the use and benefit of a spouse or former spouse.
If I have custody will I receive child support payments?
The amount of physical custody a parent has does affect the amount of child support received or paid. When a child resides with each parent for at least 123 nights per year, the child support obligation is adjusted to account for this custodial arrangement.
How is child support determined?
In most cases, child support is determined by the North Carolina Child Support Guidelines . The Guidelines consider both parents’ gross incomes, the cost of health insurance for the child, the cost of work-related child care, and in some cases, additional extraordinary expenses. In some circumstances, the child support guidelines should not apply. If that happens, then the specific financial needs of the child and relative ability of the parents to pay support are used to determine the appropriate level of support.
Child Support Calculator
How long does child support last?
Child support typically lasts until the child reaches 18 and graduates from high school.
Alimony
How is cohabitation defined?
Cohabitation is defined by statute as, “the act of two adults dwelling together continuously and habitually in a private heterosexual relationship, even if this relationship is not solemnized by marriage, or a private homosexual relationship.” Cohabitation also includes the voluntary assumption of marital-like rights and duties, which can include sexual relations.
What is post separation support?
Post separation support is basically temporary alimony . It is intended to help meet the dependent spouse’s financial needs from the time of separation until the alimony claim can be heard by the court and a decision made.
What are the consequences of marital misconduct?
Marital misconduct can be considered when determining amount or duration of alimony or as a basis for a court-ordered separation.
Can alimony ever be terminated?
When two parties agree to a specific amount of alimony, they also usually agree upon the circumstances that would warrant terminating alimony, including a specific ending date. Alimony typically ceases at a specific, pre-determined date, upon the death of either party, upon the remarriage of the person receiving alimony or upon the cohabitation of the person receiving alimony.
How long does alimony last?
There is no specific legal requirement regarding the duration of alimony; however, there are many factors that a court will consider in determining the duration of alimony.
What happens if my spouse falls behind on alimony payments?
The manner in which alimony was resolved determines how it may be collected. Some of the measures to collect unpaid alimony can be accomplished without a lawyer, but a lawyer can help an individual to understand the process and what is involved.
Can the amount of alimony be changed if my circumstances change?
In some cases, the amount of alimony a person is required to pay can be adjusted. When people have bargained for an amount of alimony in a contract which specifies that the amount will not be modifiable, it is not likely to be adjusted. However, in cases where alimony is set out in a court order and a person’s expenses have greatly increased, or one party’s income has significantly changed, alimony may be subject to modification. Legal advice is necessary to determine if the facts of the case warrant a modification.
How is alimony treated on my income taxes?
Alimony is taxable as income to the person who receives it and tax deductible for the person paying it.
How do I determine how much alimony I should receive?
How much alimony a person should receive is a complicated issue and depends on the financial situations of both parties. An individual can get a general idea of how much he or she might expect to receive by deducting his or her average, reasonable monthly expenses from his or her net income to determine what ability he or she has to pay. Then complete the same calculation for the other spouse’s average, reasonable expenses and net income to determine how much additional money he or she might pay on a monthly basis. This mathematical equation oversimplifies the process of determining an alimony entitlement, if any, and an attorney will help to determine, with more detail, what one might expect to receive. There are no formulas used in establishing alimony, and there are many factors that lie solely with the presiding judge.
How do I determine how much alimony I owe?
How much alimony a person should pay is a complicated issue and depends on the financial situations of both parties. An individual can get a general idea of how much he or she might owe by deducting his or her average, reasonable monthly expenses from his or her net income to determine what ability he or she has to pay. Then complete the same calculation for the other spouse’s average, reasonable expenses and net income to determine how much additional money he or she might need on a monthly basis. This mathematical equation oversimplifies the process of determining an alimony obligation, if any, and an attorney will help to determine, with more detail, what one might expect to pay. There are no formulas used in establishing alimony, and there are many factors that lie solely with the presiding judge.
Am I entitled to receive alimony?
If one spouse was the main financial provider in the family, the other spouse may be entitled to alimony payments. Each case is unique, and both parties’ needs and expenses will be considered in the decision.
Do I owe alimony?
During the marriage, if one spouse was the supporting spouse, providing a substantial portion of the family’s livelihood, then that person may be obligated to pay alimony. Alimony is tax deductible for the paying spouse and is considered income for the recipient. The amount of alimony one may owe depends on the facts of each particular case, but it is primarily a function of looking at both parties’ reasonable needs and expenses versus their respective total net incomes.
Is there a difference between child support and alimony?
Yes. Child support is support paid for use and benefit of the child, and alimony is support paid for the use and benefit of a spouse or former spouse.
What if my spouse had an affair?
Extramarital affairs can be considered a form of marital misconduct, which may affect the amount or duration of alimony that a person pays or receives. Sometimes, when extramarital affairs are an issue, lawsuits for alienation of affection and criminal conversation can arise. An attorney can help evaluate whether these actions are appropriate for a specific situation.
What is marital misconduct?
Marital misconduct can include certain acts that occur during the marriage, such as infidelity, abandonment, cruel treatment, verbal or physical abuse, reckless spending or excessive use of drugs or alcohol, among other things.
Property Division
Who gets to stay in the house?
Whether a spouse should remain in the house depends on a number of things. Considerations of child custody and affordability are important to evaluate. If one of the client’s goals is to remain in the house, an attorney can help to assess whether staying in the house is feasible, and if so, how to accomplish that in the best way.
Do I have to pay any debt that my spouse acquired?
Debt incurred by either spouse during the marriage for the benefit of the marriage constitutes marital debt and can be divided between the parties.
Is my inheritance subject to being divided?
A person’s inheritance is not generally subject to division unless he or she has done something with the inheritance to make it a marital asset such as purchasing real estate and titling it jointly with a spouse or by paying off family debts. Generally, an inheritance constitutes the separate property of the spouse who received it. Marital property and separate property are handled differently in a divorce.
If my bank account is just in my name, can it be divided?
If the bank account contains money that was earned during the marriage by the efforts of either spouse, then that money is subject to division. If the account holds money that was acquired prior to the marriage or by gift or inheritance during the marriage, it may be separate property and not subject to division. Property division issues can be quite complex. An attorney can give advice regarding the rights affected and obligations assumed with respect to the division of property.
What is equitable distribution?
Equitable distribution is the process by which the property and debts acquired during the course of the marriage are divided between the two parties. It is presumed that an equal division of marital property and debt is fair, but there are some factors that may warrant an unequal division in favor of one party.
Mediation & Arbitration
What are the benefits of mediation?
The biggest benefit of mediation is that the individual parties retain control over the outcome of their case. In arbitration and going to court, the parties lose control of the outcome of the case because a judge or an arbitrator decides the outcome.
Another benefit of mediation is that it is a more relaxed environment, where parties have the opportunity to discuss their case with not only their attorneys, but also with a neutral third party.
Finally, mediation gives the parties control over the amount of time they spend negotiating the case, as well as the outcome of the case. This process allows people to weigh the cost and benefit of each position with their own lawyer and with the mediator and then make appropriate business decisions to resolve the case.
When is arbitration useful?
Arbitration is most useful in complex cases involving business valuations or complicated financial or custody matters. Arbitration allows for a bit more convenience because parties do not have to deal with security and parking at the courthouse, and they can schedule a convenient time that works for all the parties involved, rather than being at the mercy of a judge’s tight schedule.
An arbitrator acts as a judge and listens to evidence, reviews exhibits and prepares a written decision based on the evidence. The written decision is then disseminated to the attorneys and parties in a timely manner for a clear plan of action. This procedure is much more efficient and alleviates many questions and delays.
How is arbitration different from going to court?
Arbitration frequently takes place in a lawyer’s office. The final decision is made by a third party in both cases, but arbitration can be less expensive than going to court and offers more flexibility. With arbitration, the parties and their lawyers may more easily plan uninterrupted time for the arbitration. They are also not at the mercy of the judges’ very heavy caseload and can use the flexibility afforded by the less formal arbitration process to arrange for witness testimony, which may otherwise be impossible.
Is mediation more affordable than going to court?
Mediation is almost always less expensive than going to court since most cases can be settled after a day of mediation, and both parties usually divide the cost of a mediator.
How is mediation different from arbitration?
The biggest difference between mediation and arbitration is that in mediation, a third party is not making the decisions, the individuals involved in the dispute are. In mediation, the parties retain control over their case, which is different than with private arbitration or litigation in the public court system. Although arbitration offers more flexibility than going to court, the parties are hiring a judge to make decisions for both parties. Mediators can be attorneys, but they are not required to be. There are no specific requirements for mediators in the State of North Carolina; however, certified mediators are trained to effectively facilitate this process.
Although arbitrators are not required to be lawyers, most arbitrators are in the legal profession. Lawyers will most likely recommend an arbitrator who has experience and a proven reputation for being fair. Mediation gives the parties the most control. A good lawyer will recommend trying to mediate the case first. If the case does not settle, the next step may be arbitration, and the final level is a trial.
Do you have to hire you own lawyer before you can mediate your dispute?
A person does not have to hire his or her own lawyer before mediating a dispute, but it is strongly recommended. Because the mediator is a neutral third party, he is not permitted to give legal counsel to either side because it would result in a conflict. Having the advice of independent legal counsel before and during mediation is always best.
What is arbitration?
In arbitration, each party presents his or her case in front of a private judge, who makes a decision that is legally binding for both sides. Arbitration is typically scheduled in a lawyer’s office rather than in a courtroom, which is often more convenient and less stressful from a scheduling standpoint. The arbitrator will listen to the evidence, review the exhibits and then usually prepares a written decision, resolving the parties’ respective claims.
What is mediation?
Mediation introduces a neutral mediator to the process, one who is experienced in resolving family law disputes and whose role is to understand the position of each side and work toward a middle ground to which the parties can agree. A successful mediation results in a binding, fully settled case, saving both parties attorneys’ fees and having to go to court.
Prenuptial Agreements
How long before the wedding should I talk about a prenuptial agreement with my fiancé?
Ideally, a couple should have a conversation about a prenuptial agreement as far in advance of the wedding as possible. The closer the wedding date, the more pressure a person may feel to sign an agreement. A person could say that he or she signed under duress, which, if proven, could invalidate the document.
The goal is to have plenty of time to calmly talk through these issues, negotiate the agreement, disclose assets and liabilities, and allow both parties the opportunity to have legal representation well in advance of the nuptials.
Can I draft my own prenuptial agreement?
It is not unheard of for individuals to draft their own prenuptial agreements; however, using another person’s agreement as a sample or finding a sample online to draft another agreement may not result in the desired outcome. It is very important to consult with an attorney regarding these issues to ensure that the agreement is drafted in the proper way and to maximize the validity and enforceability of the agreement.
Why would I want a prenuptial agreement?
The purpose of a prenuptial agreement is to determine before the marriage how property and debts will be divided in the event of a divorce, and it can also address alimony and estate issues. Generally, a prenuptial agreement specifies property that will remain a spouse’s separate property no matter what happens during the marriage.
Prenuptial agreements are often attractive and recommended to marrying couples who have significant assets, who have children from previous relationships with whom they desire to provide, or who want to assure their business partners that nothing will happen to the business in the event of a divorce.
Finances are often to blame for marriages failing, and a prenuptial agreement forces a couple to make tough decisions before walking down the aisle.
Alienation of Affection
Do I need a lawyer?
It is in a person’s best interests to hire an attorney for his or her case, one who is committed to not only educating him or her about rights and obligations, but who is also there to serve as an advocate. A good attorney knows the law inside and out and stays current on updates that may affect the case. A good attorney also knows important deadlines and the proper procedure for filing documents at the court. Many attorneys have good relationships with judges and other attorneys, who can often help an individual’s case.
What are the consequences of marital misconduct?
Marital misconduct can be considered when determining amount or duration of alimony or as a basis for a court-ordered separation.
How much evidence do I need to prove my spouse is having an affair?
It is not necessary to catch the third party and the cheating spouse in the act, but there must be evidence that the unfaithful spouse was inclined toward a sexual relationship with that third party and that the spouse had the opportunity to engage in a sexual relationship with that third party. Email, social media posts, suspicious behavior and statements from coworkers or friends can all be used as evidence of infidelity.
Am I entitled to compensation if my spouse had an affair?
It may be appropriate for a person to pursue the third party with whom his or her spouse had an affair to gain compensation for damages caused by that third party. These damages can include loss of income, loss of companionship of the spouse, and in some cases, medical-related bills.
Is criminal conversation the same thing as alienation of affection?
No, but the two actions are typically intertwined. Criminal conversation is specifically defined as sexual intercourse between a third party and a spouse during the marriage. The grieved spouse must prove that the third party knew about the marriage.
What is alienation of affection?
Alienation of affection is a legal action against a third party who has interfered with a marriage and caused one spouse to suffer a loss.
What if my spouse had an affair?
Extramarital affairs can be considered a form of marital misconduct, which may affect the amount or duration of alimony that a person pays or receives. Sometimes, when extramarital affairs are an issue, lawsuits for alienation of affection and criminal conversation can arise. An attorney can help evaluate whether these actions are appropriate for a specific situation.
What is marital misconduct?
Marital misconduct can include certain acts that occur during the marriage, such as infidelity, abandonment, cruel treatment, verbal or physical abuse, reckless spending or excessive use of drugs or alcohol, among other things.
General Questions
What can I expect throughout the process?
When a person contacts Smith Debnam for help with a family law issue, he or she first speaks with a knowledgeable paralegal who will ask some questions about the case and can schedule a consultation with one of our attorneys.
The consultation is an important step in the process. It gives the client an opportunity to ask detailed questions and evaluate if the attorney is a good fit for his or her case. When clients come in for the initial consultation, they need to bring any documents that are relevant to the matter. For example, clients should bring previous agreements or court pleadings that the attorney will need to review to advise them correctly. If they are coming in for a consultation to begin the separation process, clients should bring documents evidencing marital debts and assets.
Once an individual chooses to retain the attorney for his or her case, that client is assigned a paralegal to walk them through the process. That paralegal will assist the client with preparing the documents necessary for the court process, or work with him or her to gather documents necessary to negotiate settlement documents. The paralegal will also be in regular contact regarding approaching deadlines. The attorney educates clients about their rights and obligations and sets goals and milestones based on specific situations.
Being honest about all the details of the case from the beginning is essential to the process. We want all of our clients to feel comfortable with our attorneys and trust that they will guide them in the right direction and help make responsible decisions for each family.
How should I choose a divorce attorney?
Do research. Word-of-mouth referrals are a great way to find an attorney. Hiring the right family law attorney for a specific case is a big decision. Look for an attorney with a good reputation who focuses his or her practice on all aspects of family law, and someone a person can feel comfortable talking to about the private details of his or her life.
Discussing cost, responsiveness and expectations upfront are crucial to making the process as easy as possible. At Smith Debnam, we’re not just easy to reach, we’re easy to talk to. Our family law team is here to support our clients and help guide them through this challenging time.
Do I need a lawyer?
It is in a person’s best interests to hire an attorney for his or her case, one who is committed to not only educating him or her about rights and obligations, but who is also there to serve as an advocate. A good attorney knows the law inside and out and stays current on updates that may affect the case. A good attorney also knows important deadlines and the proper procedure for filing documents at the court. Many attorneys have good relationships with judges and other attorneys, who can often help an individual’s case.
