Advocating For You
& Your Rights
Family Law Representation
With Care & Compassion
Guiding You To Fair Resolutions
and Peace of Mind
Family & Domestic Law
Family law cases can mark important transitions in your life as there is often a lot at stake during the proceedings. For this reason, it is important to retain a competent, aggressive legal team for your family or domestic law case. At Cape Fear Law, we understand it can be a confusing and stressful time for you and your family, so we will work with you to navigate each challenge and help resolve the issues in your case.
Helping you and your family navigate through challenges to achieve peace of mind.
Advocating For You & Your Future
Family law matters are often some of the most emotionally charged cases. If you are undergoing a divorce or fighting for child custody, our attorneys will help you seek fair resolutions. At Cape Fear Law, we understand that you want to maintain quality of life for yourself and your children. Our attorneys are prepared to help you with a variety of family law and domestic matters, and will be with you every step of the way, helping find the best solution for you and your family.
Proceeding with a divorce can present you with many challenges, and we have the patience and expertise to help you navigate the process. At Cape Fear Law, our attorneys understand how financially and emotionally trying this time in your life is, so we work diligently to provide you with personalized service and the best possible results. Our team is here to guide you through every issue related to your case – including alimony, spousal support, child custody, property division, child support, and more.
Domestic Violence Protection Order (DVPO)
If you are a victim of domestic violence or spousal abuse, Cape Fear Law can help you file a Protection for Abuse Order, which provides legal protection for yourself. Citizens of North Carolina can gain protection from both civil and criminal laws. We also represent individuals accused of domestic violence and will work with you to ensure you receive the protection you deserve.
Also known as alimony, spousal support is determined based on one’s spouse’s need and the other spouse’s ability to pay. It is designed to assist the party who earns less to maintain their standard of living from before the separation or divorce. Whether you are pursuing alimony or are the higher-earning spouse, Cape Fear Law will represent you with your best interests in mind.
In North Carolina, you must be legally separated for one year and a day before you can file for divorce. While it is not required, you and your partner can file for a separation agreement, which outlines how property and other assets will be divided. Cape Fear Law can help negotiate a separation agreement, a legally binding, notarized contract which both parties sign to reach an agreement and make divorce proceedings more smooth and peaceful.
Often called a civil union or common law marriage, domestic partnership is an alternative to legal marriage for couples who live together. While the state of North Carolina does not recognize domestic partnerships, you and your partner can take steps to protect your property, assets, and future in the event of separation or a partner passing away. Contact Cape Fear Law to see how we can help you.
Establishing child custody is one of the most emotional legal issues people will face during their divorce proceedings. As parents, you want what is best for your child, but it is important to work with experienced attorneys to make that possible. Cape Fear Law handles child custody cases with sensitivity and a realistic outlook to meet both the parents’ and the child’s needs.
Abuse, Neglect and Dependency (DSS) Court
When your children are removed from your care or when you have to go to court on an abuse and neglect claim, it is important to understand that by law, the judge must place a priority on keeping the family together whenever possible. These cases are emotional by nature, but, with the help of Cape Fear Law by your side, we can make a calm, rational case to the judge to help preserve your parental rights and family relationships.
Several factors determine child support, including child care expenses, each parents’ respective incomes, and the child’s health expenses. Establishing a child support agreement ensures parents share the financial responsibilities of raising a child. If an agreement cannot be reached initially, the issue may need to go to court. At Cape Fear Law, we offer fair and honest representation – protecting your rights and your child’s rights are our priority.
Under North Carolina law, marital property is typically split equally between both parties. This is the default rule, but it can be altered if the divorcing couple signed a premarital agreement or equivalent contract before getting married. At Cape Fear Law, our attorneys will work with you to make sure your marital assets are divided fairly, and you receive the support you are entitled to.
Under North Carolina law, if you have a loving and affectionate relationship with your child that the other parent destroys through wrongful and malicious behavior, an attorney can work with the courts to order monetary damages or a changed visitation or custody award if it is in the best interest of the child. At Cape Fear Law, our attorneys will work with you to make sure your children’s best interests are considered, and that you receive the the time and interaction with your child that you deserve.
Under North Carolina law, if someone else has sex with your spouse before you are separated, you may have grounds to file a criminal conversation lawsuit for monetary damages. At Cape Fear Law, our attorneys will work with you to make sure you get compensation for what this other person did to contribute to the destruction of your marriage. Talk with us and receive the support you need.
Wills & Estates
Estate planning documents include the following: Last Will and Testament; Durable or Financial Power of Attorney; and Healthcare Power of Attorney. Last Will and Testament. This document is only effective at
the time of your death. It allows the appointment of executors to administer your estate, the division of both real and personal property, and the appointment of trustees and guardians for minor children.
Durable or Financial Power of Attorney
This document is only effective during your lifetime. It allows the appointment of an agent to handle your business affairs in the event that you become incapacitated. This document must be recorded with the Brunswick County Register of Deeds in order to be effective.
Healthcare Power of Attorney
This document is only effective during your lifetime. This document also includes the Declaration for Natural Death also known as the Living Will. It allows the appointment of an agent to handle your healthcare needs in the event that you become incapacitated. This document allows you to make elections concerning the extent of the agent’s authority, and the withholding and discontinuation of medical treatment, nutrition and hydration. During an estate planning interview, we will discuss the following information:
- Value and debt of all real property
- Value and debt of all personal property including motor vehicles, stocks and bonds, business interests, and retirement investments
- Provisions for minor children and grandchildren
- Provisions for surviving spouses and contemporaneous deaths
- Names, addresses and telephone numbers for executors, trustees, guardians, agents for Power of Agent and Healthcare Power of Attorney, and alternates
Our firm also handles the administration of estates.