Family Law and Divorce Lawyers in Pinehurst

Family Law Attorneys in Pinehurst

Divorce Attorneys in PinehurstA generation ago, most children lived in traditional family settings. Today, such family units make up less than half the households in Moore County. The American family has changed, and North Carolina family laws have changed as well.

However, at Van Camp, Meacham & Newman, our approach is mostly the same. We begin every case with a conversation. Once we understand your needs and goals, we carefully lay out all your legal options, explaining the pros and cons of each one. Then, once we collectively decide on a course of action, we never stop fighting for you. This simple and straightforward approach usually produces cost-effective, long-term solutions that benefit your family.

Legal issues that affect families are often very personal and difficult to confront. Because of that, it is important to have an attorney you’re comfortable talking to — a person that you’re confident has your best interests at heart. Whitney Foushee is one of the most distinguished family law attorneys in the state. Whitney and her staff will fight every day to protect your interests during this difficult process.

At Van Camp, Meacham & Newman, we emphasize compassion and a sincere commitment to achieving each client’s objectives with minimal delay and expense.

Our Family Law and Divorce Services

Selected as one of the “10 Best Family Law Firms” for Exceptional and Outstanding Client Service by The American Institute of Family Law Attorneys, our practice includes general family law matters, uncontested divorces and complex divorce cases involving everything issues such as multiple jurisdictions, family businesses and disputes over child custody.

General Family Law Needs:

  • Adoption
  • Domestic violence
  • Juvenile law
  • Paternity
  • Prenuptial agreements
  • Litigation and appeals

 

Family Law Divorce-Related Issues:

  • Child custody
  • Visitation (parenting time)
  • Child support
  • Spousal support (alimony)
  • Marital property division
  • Business valuations
  • Modifications to divorce agreements (post-divorce)

 

Getting a Premarital Agreement in North Carolinafamily law attorneys in Pinehurst

Until recently, only super-rich couples bothered with premarital agreements. The lack of a uniform law meant that results were very unpredictable. Then, North Carolina lawmakers adopted the Uniform Marital and Premarital Agreements Act, and everything changed.

The web of laws regarding agreement formation and enforcement is gone. Premarital agreements can cover a wide range of financial and non-financial topics, such as property division, spousal support, inheritance, and succession. These issues commonly cause marital discord.

So, prenups are more than divorce insurance. They make marriages stronger by resolving these matters in advance, so they never have a chance to poison your relationship.

No contract is completely ironclad. To overturn a premarital agreement, the challenging party must show that the agreement was involuntary or its results are unconscionable. Both these terms have specific, narrow meanings in North Carolina.

Marriage Dissolution Issues in North Carolina

Unless the parties were only married for a few months or they signed a prenuptial agreement, divorce usually involves both emotional and financial issues.

Emotionally, North Carolina has a co-parenting law. There is a presumption that children benefit with frequent, meaningful, and consistent contact with both their parents. To help determine an appropriate parenting time division, a number of factors come into play, such as:

  • Prior Parental Responsibility: About a third of Moore County households feature a stay-at-home parent. This parent usually has the inside track in terms of residential custodian status, but that’s not always a given.
  • Consistency for the Child: Divorce is so unsettling that many judges like to see as much consistency for the children as possible. So, if the current informal parenting time arrangement is working, even if it is not perfect, most judges like to see it continue.
  • Domestic Violence: If the child witnessed any physical, verbal, emotional, or other abuse, judges often at least deny residential custodian status. They also frequently order restricted visitation.

If the parties cannot reach an out-of-court settlement, as outlined below, the judge often orders a social services investigation. The social worker’s custody/visitation recommendation is often dispositive.

Financially, North Carolina is an equitable distribution state. Marital property and debts must be divided in such a way that the divorce is not an unfair financial burden on either party. Some factors to consider include:

  • Custody of Minor Children: Usually, it’s in the best interests of the children for them to remain in the family home. Therefore, the residential custodian often receives title to the home along with financial assistance for things like mortgage payments.
  • Noneconomic Contributions to the Marriage: The “homemaker” factor is often either very large or almost nonexistent. It’s usually only significant if one spouse sacrificed career advancement to be a full-time caregiver.
  • Economic Circumstances: Some people have lesser earning potential than other people, because of things like health, educational background, age, and vocational background. In these cases, a disproportionate property division might be appropriate.

Roughly these same factors apply in spousal support determinations. Essentially, these matters balance the obligee’s economic need with the obligor’s ability to pay.

Child Support Enforcement and Modification

Child support enforcement matters are quite common. Only about half of all these obligees receive their entire child support allotments. A family law attorney has a number of options. Wage garnishment is probably the most common enforcement tool. In most cases, obligees can take up to 50 percent of an obligor’s net income to satisfy current obligations and past-due arrearage.

Enforcement actions frequently involve modification as well. Most modifications involve new jobs or relocations. The judge will modify financial support obligations, either up or down, if circumstances have materially and substantially changed. Similarly, the judge will allow relocation if it is in the best interests of the children.

A Pinehurst Divorce Lawyer on Your Side

Our primary family law attorney, Whitney Foushee, has a simple philosophy regarding divorce: Clients should be able to end their marriages with dignity while getting what they deserve, and be able to do that with the least amount of impact on their children, themselves and their spouses.

In other words, as much as we want to see you walk away from your marriage with everything you want — we know from experience that spending money on legal fees when compromise is possible is not a sensible approach. We also know that it makes the divorce process much harder on everyone involved.

Because of that, you can depend on us for honest advice and for the information you will need to make important decisions during this transition period.

Contact Our Family Law Attorney in Pinehurst

Whether you are looking to get divorced, or need child custody modifications, Van Camp, Meechan & Newman always look out for your best interests. Our Pinehurst law firm serves clients in Fayetteville, Sanford, and across the region. For more information, fill out our online form below, call us locally at (910) 295-2525, or reach us toll free at (877) 288-6557.

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By contacting us, no attorney-client relationship is created.
Van Camp, Meacham & Newman, PLLC
2 Regional Circle
Pinehurst, NC 28374