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How to Find A Wilmington Family Lawyer Near You

If you are in need of a Wilmington family law attorney or a divorce attorney in Wilmington NC, and you are searching family lawyer reviews found Online, to find the best family law attorney in Wilmington, you face an overwhelming task. It can be even more stressful if you need a divorce attorney now!

When it comes to family lawyer reviews in Wilmington NC, it goes without saying that the best lawyer reviews are going to be word of mouth. If you live in Wilmington NC and are facing issues that involve the people who are closest to you, choose an experienced family law attorney. The Wilmington family law attorneys at Speaks Law Firm, PC Family Law Division can help you with the important issues that can make divorce more complicated and drawn out.

A family law attorney is able to handle a variety of important legal issues that affect you and your family. Many problems and issues can be resolved with help from a family attorney. Some of the important issues that a family attorney handles include:

  • Separation Agreements
  • Divorce
  • Child Support and Enforcement
  • Protective and Restraining Orders
  • Custody and Paternity Issues
  • Name Changes
  • Adoptions
  • Prenuptial Agreements
  • Modifications

Protective and Restraining Orders in North Carolina

A family lawyer in Wilmington, NC will assist with many issues that concern you and your family. One of the most important and serious issues a lawyer can assist you with is when there is violence in the home. When you are a victim of domestic abuse or violence, then it is essential to call the police to report the incident, so you properly document the event.

For your own safety, you should not remain in the home with an abusive partner. If you are afraid for your well-being or that of your children, you must seek immediate refuge. Go to a safe place such as the home of a friend or relative. When such a place is not available, you can go to a shelter. This is preferable to staying in a dangerous situation.

The next step is to speak with a family law attorney. A divorce attorney will assist you in obtaining a restraining order, also called an order of protection. This order legally requires the abusive person to stay away from you, which can grant you safety and peace of mind.

Wilmington Family Lawyer for Marriage Issues

Prenuptial Agreements

There are many issues regarding marriage that may require legal assistance from a divorce lawyer. A prenuptial is an agreement made between spouses before they marry. The agreement is designed to provide detailed instructions for how a settlement is to be handled in case the marriage ends. A prenup isn’t just for celebrities or the wealthy. It is a legal document that can help keep you from having disputes if you decide to dissolve the marriage.

A divorce lawyer will draft a prenuptial agreement that is legally binding. Both parties need to be in agreement and must sign the document in order for it to take effect.

Some prenuptial agreements have clauses that address specific issues. For instance, sometimes a prenup contains certain requirements. Additionally, some prenuptial agreements have a sunset clause. This allows the agreement to expire and become void if the marriage lasts a specific length of time.

Wilmington Family Law and Divorce Settlements

Many legal matters arise when a couple decides to end their marriage, and a family lawyer handles all types of these matters including divorce and settlement issues. A settlement is the determination of the major issues in a divorce such as the resolution of property and debt distribution, as well as decisions regarding the children including child custody, support, and visitation. Your family attorney handles all these issues and more and is always there to protect your rights and guide you through the legal process.

Couples in North Carolina must be separated for at least a year before they can end their marriage. One option that more recently married couples may want to consider is a separation agreement. This is a legal document that provides details about how settlement matters are to be handled. It may provide for custody, support, and alimony during the interim period before a divorce is accomplished.

When a couple has lived apart for more than a year, they are allowed to file paperwork to end their union. At least one party must have lived in North Carolina for at least six months prior to filing for divorce. A divorce attorney will take care of the many matters that must be resolved during this difficult and emotionally stressful time. You can count on your family lawyer to protect your rights and achieve the best possible results.

Changing Your Name – Family Law Wilmington NC

If you are going through a divorce, you may want to change your name back to your name prior to marriage. You can accomplish this easily as part of the divorce proceeding. However, in some cases, you may need to make a name change that is not part of a divorce. A Wilmington family law attorney will help you file the necessary paperwork and attend a hearing is required to accomplish a successful name change.

Wilmington Family Law Attorney for Child Support and Custody in North Carolina

Both parents are expected to participate in their child’s life, both physically and financially. When a couple with children decides to separate, it is important to make sure the child or children involved still have the support they need to ensure their well-being. Typically, the non-custodial parent is required to pay child support, but when a child support order is in place and the parent has not provided payment, the custodial parent may need to take legal action. Child support may be in arrears, and a court order may be needed to make sure the parent pays.

Some types of resolution that the court can order include wage garnishment, holding of tax return money and suspension of driver’s license. The parent will be required to make payments until the child support is current. In some cases, the parent cannot be found. If that is the case, a divorce lawyer will take steps to locate the individual so that legal steps can be taken.

Keep in mind that you cannot withhold visitation due to the non-payment of child support. The two matters are considered different under the law, and therefore parents cannot keep their children from visiting with a parent just because he or she failed to pay support. If there is a problem, take the matter to court so a legal resolution can be made.

Modifications to Child Support or Custody Agreements

Once a child custody and support order is in place, it is intended to remain so until the child turns 18 years old. Sometimes, however, that is an unrealistic goal, and orders that are in place when children are young can become out of date. Modifications to child custody and support orders are generally only available when there has been a significant change in circumstances. Even then, for the courts to consider making changes, it must be shown that the modifications are in the best interest of the child.

Making changes simply to satisfy the needs of the parents is not an acceptable reason for requesting a modification. A family attorney will examine your situation to help determine whether a modification is appropriate. If you are a parent opposed to modification, an attorney will assist you in providing your views to the judge. Both parents will be required to attend a hearing at which time the judge will make a decision based on the facts presented by both parties.

Another reason for a modification is when one parent wants to move out of state with the child. This relocation makes it necessary to obtain permission from the other parent. A hearing is needed to make the changes legal. A parent is not allowed to relocate the child out of state without this court modification.

Child Custody and Paternity

Children are entitled to have both of their parents in their lives. When parents divorce, they may argue about where the child should live and how visitation will take place. These matters can be resolved with help from a family law attorney.

A parenting plan is a document that is utilized to provide detailed instructions about child custody, care, and visitation. A plan is essential as a guide for parents after they end their marriage. A divorce lawyer will help draft a comprehensive plan that will make life easier after divorce.

Some parents are not married when they have children. However, even unmarried parents both have rights and responsibilities. Both parents are expected to care for their child, and both are generally allowed to have visitation.

When parents aren’t married or are no longer together, the situation can become complicated. A family lawyer will help sort out the problems so that both parents can be part of their child’s life.

Locating A Father in a Wilmington Family Law Case

When the father is not listed on the birth certificate, the mother may need to take legal action in order to ensure that the parent provides child support. A paternity test must be completed in accordance with the law. When the father is proven through a DNA test, the court will deem him the father, and he then must take responsibility for his child. He will also have the right to visit the child as long as he is a fit parent.

If the father cannot be found, a family attorney will assist in finding him. There are many methods available to locate a person, even if he lives in a different state. Once located, your Wilmington family law attorney will take the steps needed to serve him with the paperwork required to begin the paternity and child support process.

If you are a father who has not been allowed in your child’s life, you have parental rights. A Wilmington family law attorney will assist you in taking the legal steps necessary to establish paternity and begin having visitation with your child.

Wilmington Family Law Attorney for North Carolina Adoptions

The decision to adopt a child is one of the most important choices you will make in your life. There are various types of adoptions including private, grandparent, relative and stepparent. Adoptions can be complicated and must be handled properly with assistance from a family attorney. Of these kinds of adoptions, the most common type handled by a family law attorney is the stepparent adoption.

Stepparents often spend quite a bit of time with a stepchild and may want to create a more cohesive family unit through adoption. An adoption such as this must be approved by the non-custodial parent, who essentially signs away his or her parental rights and responsibilities. These rights and responsibilities are then placed on the adoptive stepparent.

The child’s name may be changed as part of the adoption proceeding. It is more efficient to do so at this time rather than later when the procedure is more difficult and expensive. A Wilmington family law attorney will discuss the decision of whether to change the child’s name before you move forward with the adoption.

How a Wilmington Family Law Lawyer Can Help

A family attorney will compassionately assist with all types of matters that involve you and your loved ones. Many of these types of problems can be extremely traumatic and emotional, causing you to feel stressed and have a difficult time knowing what to do. Your family lawyer will review the situation and answer any questions you have, and then the family attorney will assess the problem and provide you with some options that are helpful to resolve your case.

Families today are often extremely complex. Divorce, remarriage, and adoption are quite common occurrences. In fact, most extended families face at least one or more of these issues at some time in their lives. When you do face a serious family matter, you need support from a caring Wilmington family law attorney who is able to cut through the many details and figure out the best way to move forward.

Reach Out to Speaks Law Firm, PC Family Law Division in North Carolina for a Consultation Today

At Speaks Law Firm, PC Family Law Division, we understand all of the many family matters that can occur and are here to help. A compassionate Wilmington family law attorney is available to meet with you and set your mind at ease. Our team will be at your side, guiding you to a resolution.

We know that this is a difficult time in your life and we are going to help. Our job is to make sure that we handle your case professionally and competently from start to finish. We take your situation very seriously and protect your rights throughout the process.

We will explain everything that you can expect and will give you options and advice along the way. The Speaks Law Firm, PC Family Law Division firm handles all cases, small or large. Contact Speaks Law Firm, PC Family Law Division to schedule a consultation today.

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Why Choose Speaks Law Firm, PC Family Law Division?

Passion – Our family law attorneys, Justin Moulin and Sarah Gray, are dedicated to helping clients with legal matters involving divorce and family issues in Wilmington, North Carolina. We put clients’ needs first, and we are passionate about helping people through emotionally difficult times.
Experience – When dealing with family legal issues, you need someone with a proven track record. Sarah Gray and Justin Moulin have dedicated their careers to representing families. Sarah has more than 10 years of experience representing clients, while Justin has worked in multiple counties in North Carolina and has focused on custody and child support actions, protective order hearings, alimony claims, property division, and divorce.
Case review – You can have peace of mind when you discuss your needs with us. We will review your circumstances and goals. In this discussion, we can create a plan for you and determine your challenges and opportunities. Fill out our online form to schedule a case evaluation.

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What Our Clients Are Saying

Client Review | Wilmington, NC 28401 | Speaks Family Law
  • I was very pleased with the way that Speaks Family Law handled my case. They worked hard to get the most money that they could. Everyone at the firm was always polite and always answered all of my concerns. I would definitely recommend Speaks Family Law to anyone who needs representation. I always knew that they were there anytime I needed them. A big “Thank you!” goes out to all of the people who are involved with the firm.

    - KE -

  • “She was amazing, she was able to give me the information I needed and was straight forward about what was possible regarding my son. She has made me feel confident in knowing that father’s have just as much legal rights to kids as moms. If I need legal help regarding anything further I will be contacting her again for sure.”

    - D. L. -

  • It was a very helpful experience and I am especially grateful for the way they answered my questions and helped me navigate what would have been a much more difficult situation. I felt that my interests were fought for and taken care of and would hightly recommend anyone who might go through this to be respresented by Speaks Law Firm, PC Family Law Division.

    - S.H. -

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Related Blogs And Videos

At Speaks Law Firm, PC Family Law Division, we provide you with multimedia educational resources to help you become informed regarding your Family Law situation. We invite you to explore our library of articles and videos. The better you understand the factors in your case, the more effectively we can work together towards your goals.

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FAQS About Family Law

Below are some frequently asked questions about Family Law:

What kinds of cases do your family law lawyers represent?

Our Speaks Law Firm, PC Family Law Division attorneys handle many different types of family law cases, including:

Do my spouse and I need to separate before a divorce in North Carolina?

You and your spouse must separate for at least a year plus one day in order to legally divorce. You do not have to create a separation agreement to file for divorce. However, you and your spouse must have lived separately during that time, and at least one spouse must have intended for the separation to be permanent.

Is North Carolina a community property or equitable division state in a divorce?

North Carolina is an equitable division state, meaning that each spouse retains their individual property from before the marriage, and the court will divide marital property based upon what it determines to be an equitable division for each party. For example, if one spouse will have physical custody of children from the marriage, the court will likely award the marital home to that spouse.

Know that if the court awards the marital home to one spouse, it will likely make the division of the rest of the marital property equitable with the other spouse or reduce alimony payments to account for the value of the home.

Can I request alimony and child support in North Carolina?

North Carolina allows divorcing spouses to request alimony and child support. A prenuptial agreement between you and your spouse may preclude your right to alimony in the event of a divorce, but the custodial parent always has a right to seek child support from the non-custodial parent. A court will determine what is in the best interest of your child(ren) regarding custody and child support.

How do I find reputable Wilmington family law attorneys?

At Speaks Law Firm, PC Family Law Division in Wilmington, NC, our family attorneys have years of experience representing spouses, parents, adoptive parents, and more in their family law cases for divorce, custody, alimony, adoption, paternity claims, separation, and post-divorce agreement modifications. For legal help, call us at Speaks Law Firm, PC Family Law Division at (910) 769-7339. We’ll speak for you.

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