The Law Offices of Emily M. Tyler(919) 480-2354
Raleigh practice of Emily Tyler focused exclusively in family law. Emily has two guiding principles that shape that way she practices law: 1) Giving clients information and advising them on the law to enable them to make informed decisions and 2) representing the client’s best interest in a cost-effective manner. Emily is a Board Certified Specialist in Family Law and is recognized as a Rising Star by SuperLawyers.com.
Stauff, Gross & Privette, PLLC(919) 783-1260
Stauff, Gross & Privette, PLLC, is a full service civil litigation law firm focusing on family and employment law and serving central North Carolina. We are committed to professional, affordable, and honest legal services tailored to our client’s needs. As a small law firm, our focus is on the client above anything else. Whether you need legal help with a divorce, child custody case, employment issue, or another civil matter, the attorneys at Stauff, Gross & Privette, PLLC, are here to help you. Our Approach Client focused – we will work with you to figure out the best strategy to get the best result possible Invested – we work with families – whether it’s divorce, domestic violence, employment or immigration – and we know the stakes are high. The outcome of your case will impact not only you but your children and family. Compassionate – we see people and their families during their worst times and we understand how trying the legal process can be. We care about you and your children and know how important certainty and stability is to moving forward again. Creative – we enjoy the challenge of figuring out the facts and how the pieces of […]
Raleigh Law Center (formerly Hopkins Law Firm)
McNeil Law Firm, PLLC(919) 803-6778
Raleigh law firm focused in mediation, criminal and family law.
Law Office of Christina P. Medlin
Montgomery Family Law – Scott Montgomery
Hooper, Hooper & Mulligan, PLLC(919) 694-4595
Kevin P. Hopper, Esq.
Midtown Divorce and Family Law(919) 882-2054
Raleigh law firm located off of Six Forks Rd. focused in family law and related matters.
Sheryl T Friedrich’s Law Office
Daphne Edwards – Cheshire Parker Schneider & Bryan(919) 833-3114
Daphne Edwards’ practice is focused in the family law, appeals and mediation. Daphne has over a decade of experience in the state and federal court systems. Daphne is of counsel at Cheshire Parker Scneider & Bryan.
North Raleigh law firm focused in divorce and family law.
Downtown Raleigh law firm devoted exclusively to family law.
Cary Close Family Law(919) 834-8484
Cary Close is a Raleigh native, mother of three, and veteran family lawyer with two decades of experience helping divorcing spouses navigate the often frightening and confusing journey that begins with marital separation. Cary is also a certified Family Financial Mediator who is frequently asked by other family lawyers to help resolve their clients’ cases out of court. Clients who work with Cary receive high quality legal representation and a straightforward, practical approach that is always geared toward minimizing the cost as well as the negative impact on the children. When settlement out of court is not an option, Cary will litigate your case to protect your rights, your children, and your financial stability.
A full service family law firm offering initial consultations at no cost and flat fee services. Ms. Murphy has been a practicing divorce attorney for over 29 years.
Kathie Russell, Attorney: Russell Goetcheus & Associates
Batch, Poore & Williams, PC(919) 870-0466
Raleigh law firm focused in family, child welfare, criminal and entertainment law. If it’s versatility, knowledge of the law, and keen client focus you’re looking for in a North Carolina family law, criminal law or small business law firm, you’ve come to the right place. At Batch, Poore, & Williams, PC, we handle legal matters critical to your lives, and we put your needs first, above all others. Our years of experience, track record of results and growing number of satisfied clients speak well of us, too. At our Raleigh law offices, you, the client, come first. We enjoy working with clients. We offer affordable solutions and comprehensive legal analyses. Schedule an initial consultation with our lawyers by contacting us today. We’re available to you by phone, fax or e-mail, and we stay available from that first chat through the resolution of your case. With over 25 years combined experience, we approach the job of helping you with the same community-involved mindset that contributes to our charitable work outside the office. Our knowledgeable, energetic attorneys, simply enjoy being of service to others. Our experience and advice are especially helpful in areas of family, juvenile, and criminal law, which have been strong focus areas for […]
Recent Divorce News
Can I Be Sued for Alienation of Affection?
Alienation of Affection Actions are Alive and Well in North Carolina While the majority of states no longer allow suits for alienation of affection, North Carolina is not one of them. A spouse’s right to sue the paramour of the other spouse or any third-party (more on that later) who alienates the affections of the other spouse is still alive and well in North Carolina. For example, in 2011, an award of $30 million dollars was issued in an alienation of affection lawsuit in Wake County. To prove a case for alienation of affection, a plaintiff must show 1. The couple was happily married and a genuine love and affection existed between them; and 2. The love and affection was alienated and destroyed; and 3. The wrongful and malicious acts of the defendant produced the alienation of affection. What a plaintiff does not need to show is that the marriage was perfect before the alienation of affection occurred. All that is required is that some love and affection existed in the marriage. Additionally, it isn’t required that the paramour pursued the relationship. Lastly, most people are surprised to find out that sexual intercourse is not a requirement. In fact, any […]
Other Uses for Qualified Domestic Relations Orders
Qualified Domestic Relations Orders, or QDRO for short are generally used to distribute retirement assets between spouses pursuant to a divorce. That four-letter acronym can create a sense of dread for many lawyers- they’re so technical in nature and well, plain boring! They are also a major area for malpractice for family law attorneys. We’ve all had plan administrators kick back QDROs because of some small typo or not following the model language QDRO to a “T.” We get calls from our clients complaining that they still haven’t received the funds and it’s been months since the judge signed the order. We rejoice when we’re able to use the Fidelity QDRO website that pre-populates the QDRO for you after you answer a series of questions. We usually use these court orders to transfer retirement from one spouse to another, but many might forget they can be used in other scenarios. Pursuant to 29 U.S.C. §1056, a retirement plan can be used to provide child support and alimony payments. In my practice, I’ve had a couple of occasions to use QDROs for past due child support. One of the main differences in using a QDRO to transfer retirement from one spouse […]
My Spouse Won’t Leave: What Do I Do? – Divorce From Bed and Board
What is a divorce from bed and board and is it an option to get my spouse out of the home? It is not uncommon for spouses to disagree about whether they should get a divorce. Even if both spouses agree to a divorce, they may not be able to decide who should move out of the house. To obtain a no-fault absolute divorce in North Carolina, the parties must be physically separated for a year. If neither party is willing to move, a frequent question of potential clients is “how can I make my spouse leave the home?” The short answer is – speak with your attorney about your specific situation. But, in situations such as this, your attorney may advise you to file a claim for divorce from bed and board. Divorce from bed and board is different from absolute divorce. A divorce from bed and board is a legal action available in North Carolina which establishes a legal separation between two parties. If successful, one of the spouses will be ordered to leave the marital residence. In North Carolina, divorce from bed and board is based on fault. Meaning, you must prove the other spouse did one […]
5 Questions You Didn’t Know to Ask Before Hiring an Attorney
Clients usually know to ask about an attorney’s years of experience and practice in the area of law in which the client needs help. They also know to ask the attorney about his or her fee structure. But below are five questions clients typically do not know to ask an attorney in a consultation. The answers can heavily influence the attorney-client relationship so be sure to ask them before hiring an attorney in your next consultation. 1. Are there Other Means to Resolve this Issue? A good attorney will let you know all of the options available to you, the potential costs and his or her recommendation regarding which action you should take. For example, would it be more prudent to send a letter to the opposing party before filing a lawsuit? Once the lawsuit is filed, are mediation or arbitration viable options? What is the potential cost associated with each option and the likelihood of success? It is important to have an attorney explain the pros and cons of alternate means to resolve your case. An inherent conflict exists for attorneys who charge hourly; the longer your case goes on, the more they make in attorney fees. 2. What […]
10 Keys to Representing Yourself or Getting an Attorney with No Money Upfront
Let’s face it, attorneys can be expensive and depending on your situation, you may not have the money available to pay a retainer. However, sometimes your legal issues can’t wait for your financial situation to improve. Knowing where to go for help in representing yourself is the first step towards fighting your own battles. Our 10 Keys to Representing Yourself is designed to assist pro se litigants who have pressing legal issues but can’t afford to hire an attorney. We provide you with resources to represent yourself as well as types of cases in which you may be able to get an attorney without paying money upfront. 1) Do-It-Yourself Packets The system is not always against you. Representing yourself can be daunting. There are many cases where proceeding without an attorney is not advised. However, there are resources available for pro se litigants, commonly referred to as Do-It-Yourself packets. These are often available at your local legal aid office or courthouse and only require filling in blanks. In North Carolina the areas which have the most resources available are child custody, child support, small claims court, and absolute divorces. If you’re seeking regular visitation with your children seeking to establish […]
6 Ways a Private Investigator Can Help Win Your Case
Private investigators (PIs) play a key role in a wide variety of civil cases. Choosing a thorough and competent PI firm can result in discovery of facts that can make or break your case. With the use of cutting edge technology, such as GPS trackers and aerial drones, it’s becoming harder to erase evidence of bad acts. Here are 6 ways a private investigator can help win your case: 1) Proof of Adultery in an Alimony Case In most circumstances, adultery is an absolute bar to alimony in North Carolina. Adultery may be proven by admissions; however in many cases, the aggrieved spouse’s only option is to prove adultery by other means. Without an admission or “catching someone in the act” it is required that you prove adultery by showing that the offending spouse had both the opportunity and the inclination to engaged in sexual intercourse with an affair partner. Proving opportunity requires catching your spouse alone with an affair partner unsupervised in a location where a sexual act could be presumed. Inclination requires proof of feelings of affection or affectionate behavior between your spouse and a paramour. A private investigator can conduct surveillance on your spouse to obtain video […]
How to Avoid Three Common Mistakes in a DIY Divorce
Filing for divorce in North Carolina is a relatively straightforward process. Honestly, hiring an attorney is not strictly necessary. Even so, a lot of people prefer using an attorney because it gives them peace of mind the matter was handled correctly. For someone unfamiliar with the court system, filing for and obtaining a divorce judgment can be confusing and easily become overwhelming. For those of you who would rather do it yourself, below is some advice to help you avoid three common mistakes of a DIY divorce. File Your Complaint on the Right Date: In North Carolina, filing on the wrong day can make or break your case. You must be legally separated for a year before you file. Literally, the very next day after a year, you can file for divorce but filing any day before that will defeat your claim. So, if you and your spouse separated on January 1, 2017, make sure to wait until January 2, 2018 before filing your complaint for divorce. Preserve Your Claims: In North Carolina, you lose your right to file claims for equitable distribution and/or spousal support once a divorce judgment is entered. This means that if you and your spouse […]
Civil Separations: Part 3 – Collaborative Divorce
Rounding out our series on separating civilly, the relatively new process called collaborative divorce has firmly established itself as a viable option for couples looking to separate without the nasty contentiousness of litigation. For those of you who are unfamiliar with the term, collaborative divorce is a non-adversarial and private process by which couples can separate amicably and without court involvement. To participate, both spouses hire trained collaborative divorce attorneys and agree to the terms of the process. While the terms may vary, they typically include: Promising to participate with honesty, cooperation and integrity; and Full-disclosure and open sharing of financial documents and other pertinent information; and Participation in a series of meetings that often include other professionals such as a custody evaluator, mediator, and/or financial planner. There are valid pros and cons to the process. On the pro side, it can be substantially cheaper than litigation. Additionally, there is a large degree of autonomy. The parties ultimately decide what arrangement works best for them and their own unique circumstances. A judge does not order the outcome and the outcome is not made a matter of public record. Lastly, the parties are working in collaboration to obtain an outcome that […]
Civil Separations: Part 2 – Questions to Consider
As we discussed in Part 1 of this series, in a separation, if both spouses are willing to work together honestly to reach a resolution, it can be economical to discuss and agree on terms before seeking an attorney to draft a written agreement. An attorney should be sought to review the terms, provide advice and properly draft the agreement. Keep in mind, an attorney may only represent one spouse. So, if both spouses would like to obtain independent advice regarding the terms of the agreement, they should both hire attorneys. With separations, there are four main areas in which decisions must be made. The below list isn’t comprehensive but it should serve as a starting point for a productive conversation with your spouse. Speak with an attorney for a more thorough list of questions. Asset Separation: While the specific rules regarding asset distribution in NC will be reserved for a later series, a good general rule in NC is that, absent marital misconduct, marital assets are split 50/50. A good starting point for the discussion is the creation of an inventory of all assets owned and the estimated fair market value. Then the two of you can discuss the […]
Civil Separations: Part 1 – It Pays to Be Civil
If you and your spouse are contemplating a divorce, you probably know separation can be a financial burden. Separating one household into two adds substantial expenses to the same income pool. Adding legal expenses on top of increased childcare expenses and/or an additional rent/mortgage payment can make the prospect of separation a full-on financial crisis. For this reason, you and your spouse both have a vested interest in keeping legal costs down. Most people believe a trial must take place in order to resolve the issues surrounding separation but that is the most expensive avenue. Luckily, there are alternatives to litigation available to separating spouses. These alternatives can help keep costs down if both spouses are willing to work together to reach an agreement. An added benefit of reaching an agreement outside of court is the amount of power and control you each have over the arrangement. The two of you have much more control over the outcome if you reach an agreement than you do if you litigate the matter in a trial. Put simply, once you bring a matter to trial, the judge, not you, has complete control over the outcome. Additionally, once an order is entered, it […]