ER Law: Trial Attorneys | Family & Personal Injury | Greensboro, NC
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Our Greensboro, North Carolina Family Law Attorneys Guide Divorced or Divorcing Couples and Their Children in Pursuit of Brighter Futures

In North Carolina, the challenges and complexities of family law concerns can deeply impact individuals and their families. The process of growing together with a spouse before growing apart introduces a range of legal issues that require careful handling. We recognize the emotional difficulties families often endure in relation to divorce and other family law matters. At ER Law Trial Lawyers, our approach to family law issues is grounded in sound reasoning and extensive trial experience. Our compassionate North Carolina family law attorneys aim to alleviate the fear of the unknown by providing clear guidance and answers to your questions while empowering you with knowledge about the family court process.

Divorce, child custody and child support, and marital property division are among the common family law cases brought to North Carolina courthouses. These proceedings not only mark the end of a relationship, but also signify the beginning of new challenges and adjustments for all involved parties. The emotional toll on children during these proceedings cannot be overstated, and these sensitive decisions with long-term financial repercussions must prioritize the interests of the child while also balancing the rights and responsibilities of each parent.

A skilled North Carolina family law attorney at ER Law can provide you crucial support and advice, helping you navigate the legal process while aiming to secure a brighter future for you and your family. We are here to guide you to make informed decisions in pursuit of legal arrangements that align with your wishes and goals. Before signing documents or taking any other steps such as discussing your case, leaving your residence, or altering financial accounts or assets, contact us at one of our law office locations in Greensboro or Reidsville to schedule a consultation.

Key Takeaways Regarding Family Law Cases in Greensboro, North Carolina

  • The many family law matters we can help you with at ER Law Trial Lawyers.
  • Divorce considerations and navigating related family law issues when pursuing a fair and favorable divorce settlement.
  • Understanding alimony, also known as spousal support.
  • How divorce settlements, separation agreements, and consent orders can shape your future.
  • How equitable distribution drives property division in North Carolina divorces.
  • How our attorneys can assist you with victim advocacy concerns by responding to domestic violence and child abuse incidents.
  • In North Carolina, you may be able to sue a third party whose interference with your spouse led to the demise of your marriage.
  • Addressing the range of family law issues regarding children, from child custody to child support.
  • Guardianship may be a way to help adults in your family who cannot address their basic needs on their own.
  • How our experienced and caring attorneys at ER Law Trial Lawyers can guide you through your interrelated family law matters to pursue a bright future on the other side of the conflicts or issues you currently face.

Types of Family Law Cases We Can Handle For You at ER Law Trial Lawyers

Our North Carolina family lawyers can help you navigate the following issues:

Contact us today to schedule an initial consultation and plan your legal strategy to address the pressing family matters in your life.

Divorce — Navigating Separation and Dissolution of Marriage

Individuals considering or pursuing a divorce in North Carolina face a range of legal concerns and considerations that are crucial to understand for protecting their interests and navigating towards a brighter future. A divorce in North Carolina often involves a wide range of family law matters.

Absolute Divorce in Greensboro, North Carolina

Dissolution of marriage in North Carolina is known as absolute divorce. The state allows for absolute divorce on the grounds of one year of separation or incurable insanity. After a separation period of one year, either partner can submit documents to the judicial system to officially dissolve their marriage. Another key requirement for filing for an absolute divorce is that at least one party must have resided in North Carolina for a minimum of six months prior to filing.

The absolute divorce process in North Carolina involves several critical steps, including but not limited to, filing a Divorce Complaint with the court, serving the complaint to the other spouse, and addressing issues related to alimony, child custody, support, and the division of marital property. North Carolina follows the equitable distribution principle for dividing marital assets, which aims to divide property fairly, but not necessarily equally.

While absolute divorce severs the marital bond, it does not resolve issues such as spousal support or property division unless these matters have been previously settled through a Separation Agreement or court order. Achieving agreement depends on a number of factors, not least of which is the tone of the interactions between the divorcing spouses. In some cases, collaborative divorce is an approach that can help to streamline the path to agreement on the terms of a divorce, but in more adversarial circumstances collaborative law is not a viable solution. Your divorce lawyer can guide you to determine the right approach in light of the details of your case, your marriage, and your goals.

These points underscore the importance of proper legal guidance throughout the divorce process. Our divorce attorneys at ER Law Trial Lawyers provide comprehensive legal advice tailored to each client’s unique situation, assist with drafting and negotiating Separation Agreements, and represent clients in court for unresolved issues.

Let us our divorce lawyers guide you throughout this complicated process, facilitating a smoother transition to the next chapter of your life. Reach out to an experienced divorce attorney at our law office in Greensboro or our satellite office in Reidsville to explore this process in depth and gain insight into the numerous legal pitfalls, including several ways in which a divorce can modify your other legal rights.

Alimony — Calculation and Enforcement of Spousal Support

Following separation and divorce, one spouse’s financial quality of life is not supposed to disappear. One spouse’s claim for alimony from the other is determined by the court, and is based on multiple factors. In North Carolina, alimony and post-separation support are critical considerations for individuals navigating the process of divorce or separation.

Distinguishing Alimony and Post-Separation Support

Alimony (also known as spousal support) refers to the financial support awarded to a dependent spouse following the finalization of a divorce, aimed at maintaining the standard of living to which they were accustomed during the marriage. The determination of alimony considers several factors, including the duration of the marriage, the earning capacities of both parties, and the lifestyle established during the marriage, among others.

Post-separation support, on the other hand, is a form of temporary financial support provided to a dependent spouse during the separation period leading up to the divorce. It is intended to assist the dependent spouse in meeting their needs until a final alimony order is established. The eligibility for post-separation support and its amount are determined based on the financial needs of the applicant and the ability of the other spouse to pay.

North Carolina law provides clear guidelines for both alimony and post-separation support, including eligibility requirements and factors influencing the determination of these supports. For instance, marital misconduct can play a significant role in determining eligibility and amounts for both types of support.

Many complexities can be involved in calculating and negotiating alimony and post-separation support, so it is important to seek guidance from experienced North Carolina divorce attorneys. We are here to help you navigate these challenges while protecting your financial interests throughout the separation or divorce process.

Settlement — Seeking Agreement on Terms in Family Law Matters

Many — if not not the majority — of issues you face in your family law case can be settled in an agreement with the other party. However, it is critical to understand the impact of settling your case via contract instead of a court order.

In North Carolina, divorce settlements encompass a range of legal concerns, including separation agreements, settlement agreements, and consent orders. These elements are integral to navigating the divorce process effectively and ensuring both parties’ rights and interests are protected.

Separation Agreements, Settlement Agreements, and Consent Orders in Greensboro, North Carolina

Separation Agreements serve as a cornerstone for many divorcing couples in North Carolina. This is a private contract between spouses that addresses important issues such as alimony, child support, custody arrangements, and division of marital property prior to the finalization of a divorce. It’s crucial that this document is carefully drafted to reflect the agreement between the spouses accurately and comprehensively.

Settlement Agreements are typically reached with the assistance of attorneys or through mediation. Similar to separation agreements, they cover the division of assets, spousal support, and any other relevant matters. However, settlement agreements are often integrated into the final divorce decree, making them enforceable as court orders.

Consent Orders are court orders that both parties agree upon, and they are approved by a judge. They can address similar issues to those addressed in separation and settlement agreements, but they carry the weight of a court order — meaning they are enforceable by the court’s contempt powers. Consent orders are particularly useful in resolving disputes without the need for a trial.

When discussing these aspects of a divorce settlement with a family lawyer, it’s vital to also consider any potential tax implications, the need for revision of estate planning documents, and how retirement accounts will be handled. Our divorce attorneys can guide you through the drafting and negotiation process while protecting your rights and seeking to make sure the settlement fairly and appropriately reflects your interests.

Dividing Your Property Fairly and Equitably When Dissolving a Marriage in Greensboro, North Carolina

The division of your personal property, real estate, investments, retirement accounts, vehicles, and debts are included as part of a divorce. This part of family law involves complex questions that can only be answered following a comprehensive analysis of your case. While North Carolina presumes a certain distribution of marital property, understanding the definition of marital property versus other categories of property — as well as one’s rights to an unequal distribution — can make a significant difference in your case.

Equitable Distribution and Property Division in North Carolina

Divorce settlements in North Carolina encompass several critical legal concerns, with equitable distribution and property division standing out as particularly complex areas. Under North Carolina law, equitable distribution does not necessarily mean equal division, but rather a fair division of marital property and debts acquired during the marriage. This includes real estat`e, vehicles, bank accounts, and even debts. If one or both of you own a business, business valuation can also be a significant part of this legal process.

An existing premarital agreement (prenuptial agreement) or postmarital agreement (postnuptial agreement) can also affect family law matters related to property division. The court considers various factors to determine what is fair, such as the earnings and earning potential of each spouse, the duration of the marriage, and any contributions made by one spouse to the education or earning power of the other.

When navigating the complex equitable distribution process in North Carolina, it’s crucial for divorcing individuals to also consider the tax implications of dividing assets, how retirement accounts will be handled, and whether any Qualified Domestic Relations Orders (QDROs) are necessary for dividing retirement benefits.

Will Adultery or Marital Misconduct Impact Property Division in Greensboro, North Carolina?

One important aspect to be aware of is that marital misconduct, such as adultery, does not directly impact the division of property unless it has economic implications, such as the dissipation of marital assets. However, it can significantly affect alimony and post-separation support decisions.

Our divorce attorneys at ER Law can provide you guidance on legal strategies, help negotiate a fair settlement agreement, and work to ensure that your documentation is correctly prepared and filed. We can also represent your interests in court if property settlement matters cannot be reached amicably. Properly addressing these considerations during the divorce process can significantly impact your financial well-being post-divorce and help in moving towards a more secure future.

Victim Advocate Services — Legal Help and Protection in Dangerous Situations

Unfortunately, some family circumstances in Greensboro and the surrounding areas require steps to ensure the physical protection and safety of adults or children. These victim advocacy cases may involve any of the following:

Domestic Violence Implications for Family Law Matters

Generally, it can take weeks or even months before a divorce case is presented in court. However, under specific urgent conditions, you can petition the court for immediate intervention. Examples of such emergencies include protection from abuse, preventing harm to a child, or safeguarding marital assets against loss. These scenarios may prompt the court to take action without adhering to the usual schedule for hearings.

In North Carolina, domestic violence has significant implications within the realm of family law, especially concerning divorce and child custody matters. The state’s legal framework provides specific protections and considerations for victims of domestic violence during these proceedings.

For individuals undergoing a divorce, evidence of domestic violence can influence several aspects of the divorce settlement. This includes, but is not limited to, alimony, child support, and the division of marital property. North Carolina courts consider domestic violence a form of marital misconduct, which can impact the amount and duration of spousal support awarded.

When it comes to child custody issues, the safety and welfare of the child are paramount. North Carolina law mandates that courts consider instances of domestic violence when making custody determinations. The presence of domestic violence in the household can lead to restrictions on visitation or custody for the offending parent to ensure the child’s safety.

Victims of domestic violence in North Carolina have the right to seek protective orders, also known as 50B orders, against their abusers. These orders can provide various forms of relief, including temporary custody of children and eviction of the abuser from the shared residence. The process for seeking a protective order due to domestic violence issues is outlined in Chapter 50B of the North Carolina General Statutes.

Our central North Carolina divorce lawyers will work towards a resolution that prioritizes the safety and well-being of all involved parties. Contact us promptly to discuss the right steps for pursuing or defending emergency cases.

Restraining Orders

In North Carolina, securing and maintaining a restraining order is a critical legal measure for individuals seeking protection from domestic violence or threats to their safety. The state offers a clear process for securing these orders, designed to provide immediate and long-term protection.

A domestic violence restraining order, also known as a 50-B or a DVPO, is designed for situations where abuse arises from someone with whom you share a significant relationship. This category encompasses current or former spouses, partners, roommates, co-parents, or any relative by blood, marriage, or adoption. It does not extend to children or grandchildren under 16 years of age. For the court to issue an order, there must be credible evidence of actual harm, a looming threat, or the fear of ongoing harassment.

Requirements for Securing a Restraining Order in Greensboro, North Carolina

Individuals seeking a domestic violence restraining order (DVPO) must file a petition in the county where they or the abuser reside. The petitioner must demonstrate that they have a personal relationship with the respondent (the person from whom they seek protection) and that they have been subjected to acts of domestic violence or are in imminent danger of such violence.

Duration and Effect of a Restraining Order

An ex parte temporary protective order can be issued immediately without the presence of the respondent, based on the petitioner’s statement and evidence. This temporary order is typically in effect until a full hearing can be held, usually within 10 days, where both parties have the opportunity to present their case. If the court finds sufficient evidence of domestic violence, a final DVPO may be issued, lasting up to one year with the possibility of extension.

Renewability of a Restraining Order in North Carolina

A DVPO can be renewed for additional one-year periods, provided the petitioner files a motion for renewal before the current order expires. The petitioner must show that there is good cause for the order to be extended, such as ongoing threats or acts of violence by the respondent.

Effect of a Restraining Order

A DVPO in North Carolina can include provisions such as ordering the respondent to refrain from acts of domestic violence, prohibiting contact with the petitioner, granting possession of the residence or household to the petitioner, and addressing temporary custody of minor children. Violation of a DVPO is a criminal offense and can lead to arrest and prosecution.

Reach out to us today if you’re in search of protection and wish to learn more about this legal solution.

Civil No-Contact Order

Following a conviction for a sex offense or stalking, victims have the right to pursue a Civil No-Contact Order. This legal measure can indefinitely forbid any form of contact between the offender and the victim. Eligibility to request this order extends to the direct victims of sexual offenses or a legally competent adult acting on behalf of victims who are either minors or adults lacking legal competence.

In North Carolina, civil no-contact orders, also known as 50C orders, are legal instruments designed to protect individuals from unwanted sexual conduct, harassment, or stalking by someone with whom they do not have a personal relationship. This distinction is crucial, as it differentiates 50C orders from Domestic Violence Protective Orders (also known as DVPOs or 50-B orders), which are applicable when the parties have a personal relationship as defined under North Carolina law.

Key Considerations for Civil No-Contact Orders in Greensboro, North Carolina

Review these details with your attorney if you may pursue a 50C civil no-contact order:

  • Eligibility: To be eligible for a 50C no-contact order, an individual must demonstrate that they have been subjected to nonconsensual sexual conduct or stalking by someone who is not a current or former household member or intimate partner.
  • Legal Process: The process for securing a 50C order involves filing a petition in the county where the petitioner resides or where the unwanted conduct occurred. The petitioner must clearly describe the instances of harassment, stalking, or sexual assault to justify the need for protection.
  • Duration and Renewability: A temporary 50C order can be granted ex parte (without the respondent’s presence) if the judge determines there is a substantial risk of immediate harm. This temporary order lasts until a full hearing can take place, usually within 10 days. After the hearing, if the judge finds sufficient evidence, a permanent 50C order may be issued, typically lasting up to one year but can be extended upon request.
  • Effects: The effect of a civil no-contact order includes prohibiting the respondent from approaching, contacting, or following the petitioner. It may also restrict the respondent’s access to certain locations to prevent encounters with the petitioner. Violating a 50C order is a criminal offense that can lead to charges and penalties.

The experienced family lawyers at our Greensboro family law firm can provide guidance on the petition process and help to navigate the legal system while protecting one’s rights and safety. Contact us today for a consultation if you are seeking protection from a convicted offender.

Child Abuse

In North Carolina, individuals and institutions are legally required to report suspected child abuse to the Director of the Department of Social Services. This encompasses physical, emotional, and sexual abuse, as well as the use of cruel or inappropriate methods for behavior modification. Additionally, neglect, abandonment, or failing to provide essential medical care are serious offenses that fall under the umbrella of child abuse.

Key Legal Considerations Regarding Child Abuse in Greensboro, North Carolina

Understand the following components that are pertinent to a North Carolina child abuse case:

  • Definition and Scope: North Carolina law defines a child as abused when they sustain serious physical injury by non-accidental means, are subjected to sexual abuse, or are placed in substantial risk of such harm. This includes acts or omissions by the parent or caregiver that lead to serious emotional damage.
  • Mandatory Reporting: It is a requirement for any person who suspects that a child is abused or neglected to report their suspicions to the county department of social services or to law enforcement. The law emphasizes that individuals do not need proof of abuse or neglect to make a report; suspicion alone is sufficient.
  • Legal Consequences: Individuals found guilty of child abuse in North Carolina face severe legal consequences, which may include criminal charges ranging from misdemeanors to felonies, depending on the severity of the abuse. Such convictions can lead to imprisonment, fines, and a permanent record of child abuse, affecting future employment and other aspects of life.
  • Protective Measures: Upon receiving a report of suspected child abuse or neglect, authorities undertake an investigation to determine the validity of the claims. If the child is found to be in danger, protective measures, including removal from the home and placement in a safer environment, may be initiated. Additionally, courts may issue protective orders to safeguard the child from further harm.

Our experienced family law attorneys can provide guidance on navigating the legal system, protecting the child’s rights. Reach out to us to secure an advocate who will work diligently to assist and safeguard you throughout the legal proceedings.

Alienation of Affection — When a Third Party Interferes With Your Marriage in North Carolina

Should you suspect that an external party was involved in the breakdown of your marriage or engaged in a sexual relationship with your spouse before separation, it is possible to seek financial compensation through legal claims against them. Such cases heavily rely on factual evidence, making it imperative to collect pertinent information at the earliest stage of the legal process.

In North Carolina, the concepts of Alienation of Affection and Criminal Conversation are two unique legal claims that can be pursued within the realm of family law. These torts allow a spouse to seek damages from a third party whom they believe is responsible for the breakdown of their marriage.

Suing Third Parties: Alienation of Affection and Criminal Conversation

Alienation of Affection is a legal action brought against an individual who is alleged to have willfully interfered with the marital relationship, leading to the loss of affection or love from one spouse to the other. This claim does not require evidence of extramarital sexual relations, but focuses on the loss of love and companionship due to the third party’s actions.

Criminal Conversation, often paired with alienation of affection, specifically involves suing a third party for engaging in sexual relations with one’s spouse during the marriage. It is essentially a claim of adultery and requires proof of extramarital sex, regardless of whether it led to the alienation of affection.

Despite these torts being abolished in many other jurisdictions, North Carolina remains one of the few states where alienation of affection and criminal conversation claims are still viable. These laws underscore the state’s recognition of the sanctity of marriage and provide a legal avenue for spouses to seek redress for damages caused by third-party interference.

Key points to consider when pursuing Alienation of Affection or Criminal Conversation claims in North Carolina include:

  • Statute of Limitations: There is a three-year statute of limitations for filing suits related to alienation of affection and criminal conversation in North Carolina. This period starts from the last wrongful act committed by the defendant.
  • Proof Requirements: For alienation of affection, the plaintiff must demonstrate that genuine love and affection existed between the spouses, which was alienated or destroyed by the defendant’s wrongful actions. In contrast, criminal conversation requires proof of extramarital sexual intercourse.
  • Defenses: Common defenses to these claims include, but are not limited to, the argument that no genuine marital love and affection existed at the time of the alleged interference or that the affair did not cause the marital breakdown.
  • Damages: Successful plaintiffs may be awarded compensatory damages for loss of consortium, mental anguish, humiliation, and even punitive damages if malicious conduct is proven.

Contact our experienced Greensboro, North Carolina family attorneys to request a detailed consultation today in order to understand your rights in initiating or contesting third-party claims for alienation of affection or criminal conversation.

Family Law Issues Regarding Children in Greensboro, North Carolina

Our experienced Greensboro family law attorneys can help you navigate the interrelated concerns surrounding child custody and child support.

Child Custody in Greensboro

In North Carolina, child custody determinations are guided by the overarching principle of the “best interests of the child.” This standard is central to all decisions made regarding custody and visitation arrangements. The state’s approach to child custody is designed to ensure that the physical, emotional, mental, and educational needs of the child are prioritized above all else.

The inherent rights of parents or grandparents to make key decisions and spend time with their children are carefully examined when approaching custody concerns. There is no one-size-fits-all solution for the ideal custody arrangement. It is crucial to have a thorough comprehension of each parent’s schedule, situation, level of involvement, and aspirations to effectively advocate for our client’s part in their children’s upbringing.

Key Considerations in Greensboro, North Carolina Child Custody Cases

North Carolina law does not inherently favor mothers or fathers in custody disputes. Decisions on issues surrounding child custody are based on the individual circumstances of each case and the “best interest of the child” standard:

  • Living Arrangements: Courts examine each parent’s living situation to assess stability and safety in determining a conducive environment for the child’s upbringing.
  • Parental Behavior and Capability: Each parent’s ability to provide for the child’s needs, including emotional support, education, and healthcare, is critically evaluated. Any history of domestic violence, substance abuse, or neglect by a parent is taken into serious consideration.
  • Child’s Preference: Depending on the age and maturity of the child, their preference may be considered by the court, though it is not the sole determining factor.
  • Health and Safety: The physical and mental health of both the child and the parents are considered, with a focus on creating a nurturing environment that promotes the child’s overall well-being.
  • Religious and Cultural Considerations: Courts may consider the religious and cultural upbringing of the child as part of ensuring their interests are maintained.
  • Co-parenting and Communication: The ability of parents to communicate effectively and cooperate in co-parenting can influence custody arrangements, aiming for a scenario that supports the child’s relationship with both parents.
  • Adjustment and Continuity: The child’s adjustment to their home, school, and community is considered, with courts often preferring to maintain continuity in the child’s life.

Legal custody and physical custody can be awarded solely or jointly, depending on what arrangement serves the child’s needs. It’s important to understand your rights thoroughly before making any decisions regarding custody. Our family lawyers can address the unique details of your case to provide valuable guidance, represent your interests in court, and help you navigate the legal nuances to seek a favorable solution for the child and both parents.

Child Support Issues in Greensboro

In contrast to child custody, North Carolina employs a specific formula to calculate child support, an aspect of family law designed to ensure both parents fulfill their financial obligations towards their minor children. It’s crucial to work with your attorney to understand the application of these laws within the judicial system to make sure the correct amount of child support is both paid and accepted in North Carolina for the benefit of the child or children in question.

Key Considerations in Greensboro, North Carolina Child Support Cases

Our state’s child support guidelines aim to balance the financial responsibilities between parents, taking into account the needs of the children and the ability of parents to pay child support.

  • Calculation of Child Support: North Carolina utilizes a set of guidelines to calculate child support obligations. These calculations consider the income of both parents, the number of children, healthcare costs, childcare expenses, and any existing child support or alimony obligations. The primary goal is to maintain the child’s standard of living to the extent possible post-separation or post-divorce.
  • Modification of Child Support: Child support orders are not set in stone and can be modified based on a change in circumstances. This could include significant changes in either parent’s income, healthcare needs of the child, or changes in custody arrangements. Parents seeking modification must prove that there has been a substantial change in circumstances since the last order was entered.
  • Enforcement: Failure to comply with child support orders can lead to enforcement actions by the North Carolina Child Support Enforcement (CSE) program. Enforcement measures can include wage garnishment, interception of tax refunds, and even criminal charges in cases of willful non-payment.
  • Impact of Custody and Visitation: While child support and child custody are separate legal matters, the custody arrangement can influence the child support calculation. Typically, the non-custodial parent pays child support to the custodial parent, but joint or shared custody arrangements may affect the amount of support due to shared expenses.
  • Legal Representation: Navigating child support issues can be complex, and it is wise to seek the assistance of an experienced family lawyer. Family law attorneys can work to ensure that child support calculations are fair, advocating for necessary modifications, and assisting with enforcement issues if needed.

Child support is an essential tool for ensuring that children’s financial needs are met when parents live apart. The laws and guidelines for child support in North Carolina reflect the state’s commitment to protecting the well-being of children through the equitable distribution of financial support from both parents. Our child support lawyer team is prepared to assist you in seeking and enforcing your child support order, updating any outdated orders, or terminating child support when appropriate.

Guardianship — Protecting the Dignity and Rights of Incapacitated Adults

A structured process exists in North Carolina to establish guardianship for adults deemed incapable of managing their own affairs. At ER Law, we provide caring and committed representation in these matters, offering our services both as appointed and retained counsel for guardianship petitions. This procedure has proven invaluable for numerous families grappling with the challenge of adult members who cannot attend to their basic needs. Establishing guardianship through this legal avenue significantly affects constitutional rights. The safety and welfare of family members remain our paramount concern.

Key Aspects of Guardianship in Greensboro, North Carolina

The state’s guardianship laws are structured to protect the well-being and rights of individuals who cannot make or communicate important decisions regarding their personal, medical, or financial matters.

  • Determining Incompetence: A court may declare an adult incompetent if clear, cogent, and convincing evidence demonstrates that the individual lacks the sufficient capacity to manage their own affairs or to make or communicate important decisions concerning their person, family, or property.
  • Appointment of a Guardian: Once an individual is judged to be incompetent, the court will appoint a guardian. Guardians can be individuals — such as family members — or agencies appointed to act on behalf of the incapacitated adult. The role of the guardian includes making decisions that serve the interests of the ward, ranging from personal care to managing financial resources.
  • Types of Guardianship: North Carolina recognizes several types of guardianship, including Guardian of the Person (responsible for personal decisions), Guardian of the Estate (responsible for financial decisions), and General Guardian (combines the responsibilities of both Guardian of the Person and Guardian of the Estate). The type of guardianship appointed depends on the needs of the incapacitated adult.
  • Guardianship Proceedings: The process for establishing guardianship involves filing a petition with the court, followed by a hearing to assess the alleged incompetence and determine the necessity and suitability of appointing a guardian. The alleged incompetent adult has the right to be represented by counsel, to present evidence, and to confront and cross-examine witnesses.
  • Rights of the Ward: North Carolina’s guardianship laws emphasize the protection of the ward’s rights and autonomy. The goal is to assist the individual in exercising their rights to the extent possible, rather than to control them. Guardians are encouraged to involve the ward in decision-making processes as much as their condition allows.
  • Annual Reporting: Guardians are required to file annual reports with the court detailing the ward’s condition, the guardian’s actions on behalf of the ward, and an accounting of the ward’s finances. This ensures transparency and accountability in the guardianship arrangement.

Guardianship in North Carolina is governed by statutes and principles aimed at respecting the dignity and rights of incapacitated adults while providing for their care and protection. Reach out to our law firm to explore legal rights and obligations involved in the guardianship process with an experienced family lawyer.

How Our Family Law Attorneys Can Help You in Greensboro, North Carolina

A North Carolina family law attorney at ER Law Trial Lawyers can provide you and your family comprehensive support and guidance throughout various steps of your family law journey. Here are some of the key ways we can assist you at our Greensboro family law practice:

  • Initial Consultation: During an initial assessment of your case and your unique family circumstances, we explain your legal rights and options in the context of North Carolina family law.
  • Case Preparation: Our skilled attorneys gather necessary documentation and evidence, prepare legal paperwork, and formulate a strong case strategy.
  • Representation in Court Litigation: Our lawyers act as your advocate in court proceedings, including hearings and trials, to represent your interests and ensure your voice is heard.
  • Negotiation: As applicable, your attorney will negotiate agreements with the other party, such as divorce settlements, child custody arrangements, and child support payments, aiming for fair and amicable resolutions.
  • Legal Guidance: We provide legal direction regarding complex issues like property division, spousal support, and parental rights, helping you make informed decisions when navigating these family law matters.
  • Modification and Enforcement of Orders: Our attorneys can assist in the modification of existing court orders due to changes in circumstances, and we help enforce court orders when compliance is an issue.
  • Mediation and Alternative Dispute Resolution: Our family law attorneys may attend mediation sessions to resolve disputes outside of court, potentially saving time in your case and reducing stress for all parties involved.
  • Protection and Restraining Orders: Our caring legal advocates help victims of domestic violence or harassment seek protective orders to support their safety and well-being.

Our experienced family law attorneys at ER Law can help you navigate the complexities of the legal system, advocating for your interests and working towards a favorable solution to your family law matter. Determine the right steps by scheduling a consultation with our Greensboro, North Carolina law firm.

Schedule a Consultation with ER Law trial Lawyers in Greensboro, North Carolina to Address Your Family Law Matter

Our skilled attorneys recognize that you have goals for your future. We work with you to recognize your needs and stake out the right legal path to clarify and pursue that vision practically while we guide you through the challenges ahead.

An experienced family law attorney at ER Law Trial Lawyers can help you understand your legal options while evaluating the unique details of your situation and devising your case strategy. Call us today at (336) 904-9000(336) 904-9000 or fill out our online form to schedule a consultation, during which we will discuss your family law case and plan your next steps.

For your convenience, we are accessible to discuss your case by phone, over Zoom, or in person at either of our Reidsville or Greensboro, North Carolina offices. We proudly serve North Carolina residents in both Guilford County and Rockingham County.

Protecting Your Rights.

Frequently Asked Questions about Family Law Cases in Greensboro, North Carolina

What are the requirements to file for divorce in North Carolina?

To file for divorce in North Carolina, you and your spouse must have been living separate and apart for one year, with at least one party intending for the separation to be permanent. Incurable insanity is another ground for divorce, but that is relatively rare. Consult with an experienced North Carolina divorce attorney to assess your situation and plan the appropriate steps if you are considering seeking a divorce.

What’s the difference between physical and legal custody of a child in North Carolina?

Physical custody refers to where the child lives, while legal custody refers to who makes important decisions about the child’s welfare, education, and health.

Can I seek spousal support in North Carolina?

Spousal support, or alimony, may be awarded in North Carolina based on factors like the duration of the marriage, each spouse’s earning capacity, and the standard of living established during the marriage.

What is equitable distribution in North Carolina?

Equitable distribution in a North Carolina divorce is the process by which marital property is divided between spouses in a divorce. It aims to divide property fairly, though not always equally.

How is child support calculated in North Carolina?

Child support in North Carolina is calculated based on the state’s Child Support Guidelines, which consider both parents’ incomes, the number of children, and other expenses related to the child’s care.

What do joint and sole custody mean in North Carolina custody determinations?

Joint custody means both parents share decision-making responsibilities and/or physical custody of the child, while sole custody means only one parent has these rights and responsibilities.

What is alienation of affection in North Carolina?

Alienation of affection is a civil action or lawsuit against a third party whom the plaintiff believes is responsible for the breakdown of their marriage. North Carolina differs from many states in that it still allows spouses to sue third parties for interference in a marriage (Alienation of Affection) or for having sexual intercourse with one’s spouse (Criminal Conversation) that led to the breakdown of the marriage.

What is the legal age to marry in North Carolina?

The legal age to marry in North Carolina is 18 years old. Individuals who are 16 or 17 years old can marry with parental consent, and under certain conditions, those younger may seek a court order.

What behaviors have North Carolina Courts found to be alienating for child custody?

Behaviors such as speaking negatively about the other parent in front of the child, interfering with communication or visitation, and making false allegations may be considered alienating in child custody matters in North Carolina. Discuss with your attorney how such behaviors may impact your child custody case.

What kinds of cases do family law attorneys represent in North Carolina?

Family law attorneys in North Carolina represent cases involving divorce, child custody, child support, spousal support (alimony), equitable distribution, and protection or legal implications in response to domestic violence or harassment issues, among others.

Frequently Asked Questions about Family Law Cases in Greensboro, North Carolina

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Ask a Question, Describe Your Situation, Request a Consultation. Call Us: (336) 904-9000

Ask a Question, Describe Your Situation, Request a Consultation. Call Us: (336) 904-9000

Ask a Question, Describe Your Situation, Request a Consultation. Call Us: (336) 904-9000

Ask a Question, Describe Your Situation, Request a Consultation. Call Us: (336) 904-9000

Professional Associations

Multi-Million Dollar Advocates Forum | ER Law: Trial Attorneys | Greensboro, NC | Call (336) 904-9000
Greensboro Bar Association | ER Law: Trial Attorneys | Greensboro, NC | Call (336) 904-9000
Top 100 Trail Lawyers | ER Law: Trial Attorneys | Greensboro, NC | Call (336) 904-9000
The National Top 100 Trail Lawyers | Greensboro, NC | Call (336) 904-9000
North Carolina Bar Association | ER Law: Trial Lawyers | Personal Injury & Family Law | Greensboro, NC
North Carolina Advocates for Justice | ER Law: Trial Lawyers | Personal Injury & Family Law | Greensboro, NC
North Carolina Certified Paralegal | Personal Injury & Family Law Attorney | Greensboro, NC
The National Top 40 Trial Lawyers | Family Law Attorney | Greensboro, NC
American Association for Justice | ER Law: Trial Lawyers | Personal Injury & Family Law | Greensboro, NC

Ask a Question, Describe Your Situation, Request a Consultation. Call Us: (336) 904-9000

Ask a Question, Describe Your Situation, Request a Consultation. Call Us: (336) 904-9000

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