Family Law

At the Law Offices of Place & Hanley we are committed to providing extraordinary service in an efficient, friendly and respectful manner with a constant focus on solutions. Our clients receive the full commitment and contribution of our entire team of legal professionals. Once you've visited our office, our staff will know you by name and be fully committed to your case. You can expect personal, friendly service delivered with respect and kindness. In the difficult areas of domestic disputes, we work hard to achieve collaborative solutions wherever possible, avoiding unnecessary friction and frustration.

At Place & Hanley our attorneys understand that quite often divorce and family law matters are marked by confusion, anger, frustration and many questions. It is important to find out facts at the earliest possible stage. We want you to know what your rights are and what alternatives you may have. While our attorneys fight for our clients' rights through litigation and the traditional adversarial process as necessary, we also offer new alternative forms of dispute resolution to our clients who do not wish for their divorce to go the path of the traditional battle. The processes of Negotiated Settlement and Mediation offer clients the ability to resolve their disputes without a lengthy and expensive trial.

At Place and Hanley we will work to protect your interests to the fullest degree possible. We understand that family law issues are often emotional and stressful. Working with an experienced family law attorney will help to ease your stress as you transition. Each family law case is unique. At Place and Hanley we pride ourselves on maintaining a high level of client communication so that our clients readily have access to the information necessary to help them make informed decisions in their individual cases. We would appreciate the opportunity to put our knowledge and skill to work for you. If you have any questions, or if you would like to speak with one of our attorneys regarding your family law issues, please do not hesitate to contact our office.

Divorce

In North Carolina there are two types of divorce:
Absolute divorce. This no-fault type of divorce requires one year of physical separation, in which at least one party has the intention to remain living separate and apart. An Absolute divorce terminates the marital relationship.
Divorce from bed and board. This is a legally sanctioned separation based on marital misconduct such as substance abuse, abandonment, adultery, and domestic violence. Typically, this type of divorce is sought when one party wants to force the spouse who committed misconduct out of the home. The married couple remains legally married to each other, but is ordered by the court to live separate and apart from each other. The couple must remain separated for one year before they are eligible to file for an absolute divorce to terminate the marriage.

Separation Agreements

In North Carolina, the separation of a married couple takes place when the parties move into separate residences with the intent of living separate and apart. It is advisable for a person contemplating separation to consult with an attorney prior to separating for the purpose of drafting a Contract of Separation, Support and Property Settlement Agreement. This is a written contract between the spouses and can cover all or some of the issues involved in their separation and eventual divorce. A Separation Agreement is a legally binding contract once it is signed by both spouses and notarized. Therefore, it is important to consult with an attorney to fully understand your rights under North Carolina law before entering into a Separation Agreement.

Child Custody & Visitation

When a child's parents separate, decisions regarding the care and support of the child must be made. If the parents are not able to resolve the issues of custody or child support, either parent may petition the Court and a judge will make the determination. North Carolina law directs District Court judges to protect children until they reach majority (usually age 18) by determining what is best for the child when parents cannot agree on the care and custody of their child. However, when parents either cannot or will not agree between themselves, the legal system authorizes a District Court judge to decide who should have custody, how much visitation the non-custodial parent will have, and how much child support the non-custodial parent will pay. During a custody trial, the judge considers certain facts and issues to determine the best interest and welfare of the child. The best interest of the child is the guiding principle in deciding which parent is awarded custody.

Child Support

In North Carolina, child support guidelines have been enacted. They create a rebuttable presumption of the reasonable monthly amount of child support based on the income of both parents. Child custody and child support are issues that either party can raise any time before the child turns eighteen. Either parent may petition the court to change a prior order of custody or child support based on a showing by the moving party that circumstances have substantially changed since the entry of the prior court order.

Alimony

Alimony is defined as financial support that goes from a supporting spouse to a dependent spouse. There are several factors involved in determining if alimony is appropriate or necessary. Furthermore, there are other factors that will determine the amount and duration of alimony.

Equitable Distribution

During the divorce process, the assets and debts of the couple must be identified, classified, valued and distributed. North Carolina law provides for an "equitable" distribution of property and debts, which can result in something other than an even division. Equitable distribution systems focus on when and how property was acquired, not how property is titled. There are many factors that are considered by the court in determining how to divide marital assets and liabilities.

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