D. Edwards Law Blog

Legal vs. Physical Custody in NC | Raleigh & Wake County

Fri, 20 Feb 2026 15:43:53 GMT

Quick Summary:
Under North Carolina law, legal custody refers to a parent’s authority to make important decisions for a child—like education, medical care, and religion—while physical custody refers to where the child lives and the day-to-day care schedule. The distinction matters because a parent can share legal custody but have different physical custody arrangements. At Daphne Edwards Divorce & Family Law, PC , serving Raleigh, Cary, and Wake County , understanding how courts treat each type helps families plan custody arrangements that work for their children.

What Is Legal Custody?

Legal custody is about decision-making authority . A parent with legal custody has the right to help decide major aspects of a child’s life, including:

School and educational needs
Health care and medical treatment
Religious upbringing
Extracurricular activities

In North Carolina, courts typically favor both parents sharing legal custody unless there are circumstances—like a history of abuse—that would make shared legal decision-making harmful to the child. Shared legal custody means both parents must cooperate and consult on key decisions. When only one parent has legal custody, that parent makes the major choices without requiring agreement from the other.

Legal custody often comes up in broader discussions about parenting rights; you can read more about custody as a whole on our Child Custody page → https://www.daphneedwardslaw.com/child-custody .

What Is Physical Custody?

Physical custody refers to where and with whom a child lives day to day . The two broad types are:

Primary physical custody: The child lives mostly with one parent, and the other has scheduled parenting time.
Joint physical custody: The child splits significant time between both parents’ homes.

While legal custody focuses on decisions, physical custody focuses on time and routine —sleepovers, school nights, holidays, and visitation schedules.

North Carolina family courts in Wake County, Raleigh, and Cary aim to craft physical custody arrangements that reflect the child’s best interests, stability, and routines while supporting meaningful relationships with both parents when possible.

How Courts Award Legal and Physical Custody

In awarding both legal and physical custody, North Carolina judges follow the best interests of the child standard . This means they consider multiple factors, including:

Each parent’s ability to provide for the child’s needs
The child’s age and developmental stage
The quality of the parent-child relationship
The child’s adjustment to home, school, and community
Any history of abuse or neglect

For legal custody , courts look closely at how well parents can communicate and collaborate. Shared legal custody works when both parents demonstrate willingness to cooperate. If one parent consistently undermines the other or cannot communicate effectively, a judge may award sole legal custody to the other parent.

For physical custody , courts consider the child’s living arrangements, schedules, and stability . Joint physical custody doesn’t necessarily mean a 50/50 split—it means both parents have frequent and meaningful contact with the child. The actual schedule can vary widely based on work schedules, school, and what’s most practical for the family.

Common Custody Arrangements

North Carolina families may see several custody patterns, such as:

Joint legal and joint physical custody: Parents share decision making and significant parenting time.
Joint legal, primary physical with one parent: Parents share decisions, but the child lives mostly with one parent.
Sole legal, primary physical custody: One parent has both decision making and primary physical care, often when there are safety concerns.

Each family’s situation is different, and the ideal arrangement reflects what’s healthiest and most stable for the child.

How Decision-Making Works in Practice

In shared legal custody , parents must communicate and agree on major decisions. If they can’t agree, they may try:

**Negotiation between parents
Mediation
Court intervention**

For disputes that require legal modifications, North Carolina allows parents to seek changes when circumstances shift; you can learn more on our Modifications page →

In sole legal custody , one parent has the authority to make decisions, but many parents still choose to keep the other parent informed when possible for the child’s benefit.

Physical custody schedules typically spell out routines—week on/week off, alternating weekends, holiday rotations, summer breaks, and more. Clear agreements help reduce conflict and support predictability for children.

Understanding Custody for Your Family

Understanding the difference between legal and physical custody helps parents make informed choices and work toward arrangements that reflect their child’s best interests. Whether you’re navigating initial custody decisions or considering adjustments as children grow, having clear guidance matters.

At Daphne Edwards Divorce & Family Law, PC , we help families in Raleigh, Cary, and Wake County understand custody options and advocate for arrangements that support stability and meaningful relationships.

Ready to Talk About Custody?

Custody decisions have a profound impact on your child’s life. Schedule a custody consultation with our experienced family law attorneys to discuss your unique situation and the best path forward. We’re here to help you protect your child’s future with clarity and confidence.

Joint vs. Sole Custody in NC | Raleigh & Wake County

Fri, 20 Feb 2026 15:43:53 GMT

Quick Summary:
In North Carolina, joint custody means both parents share meaningful decision-making and/or parenting time, while sole custody means one parent has primary authority over decisions and/or physical care. Courts are more likely to award joint custody when parents can cooperate and put the child’s needs first, and may award sole custody when there are serious conflict or safety concerns. At Daphne Edwards Divorce & Family Law, PC , serving Raleigh, Cary, and Wake County , we help families understand how these custody types work and what factors influence court decisions.

What Is Joint Custody?

Joint custody refers to arrangements where both parents share significant responsibilities for their child. In North Carolina, joint custody can include both:

Joint legal custody: Parents share decision-making authority for major issues like education, healthcare, and religion.
Joint physical custody: The child spends substantial time living with both parents.

Joint custody doesn’t always mean a 50/50 schedule—what matters is that both parents have frequent, meaningful contact and shared roles in raising the child.

North Carolina judges generally prefer joint custody when both parents demonstrate the ability to cooperate and communicate effectively about their child’s needs. Courts look to the best interests of the child , which includes stability, ongoing relationships with both parents, and minimal disruption to the child’s routine.

You can learn more about how custody works overall on our Child Custody page →

What Is Sole Custody?

Sole custody means one parent has the primary rights and responsibilities for the child:

Sole legal custody: One parent makes major decisions without requiring agreement from the other.
Sole physical custody: The child lives primarily with one parent, and the other parent may have visitation or parenting time.

Sole custody is not the default preference but may be necessary when parents are unable to cooperate, there is a history of abuse or neglect, or other safety concerns make joint decision-making harmful to the child.

How Judges Evaluate Custody in North Carolina

In both joint and sole custody considerations, North Carolina judges focus on the best interests of the child . Some of the key factors include:

Parental Cooperation and Conflict

A big part of custody decisions is how well parents can communicate and work together. Judges ask whether both parents can:

Discuss and agree on important decisions
Put the child’s needs ahead of personal conflict
Maintain respectful communication

Parents who can work together—even imperfectly—are more likely to succeed with joint custody. When communication breaks down repeatedly or conflict is high, judges may lean toward sole custody to reduce stress on the child.

Safety and Stability

If there are concerns about abuse, neglect, substance use, or other safety issues, judges may find that sole custody better protects the child. The court also looks at each parent’s ability to provide a stable home environment.

The Child’s Best Interests

North Carolina law directs judges to consider what arrangement supports the child’s emotional, physical, and developmental needs. This includes:

The child’s adjustment to home, school, and community
The child’s relationship with each parent
Each parent’s willingness to encourage a healthy relationship with the other parent

Mediation and Custody Agreements

When possible, North Carolina courts encourage parents to resolve custody issues outside the courtroom. Mediation is a structured negotiation supported by a neutral third party, helping parents reach agreements that fit their family’s needs. For many families in Raleigh, Cary, and Wake County , mediation leads to better long-term cooperation and shared parenting plans.

Learn more about how mediation works on our Mediation page →

Which Custody Type Is Best?

There’s no one-size-fits-all answer. Joint custody often works well when parents can communicate and share responsibilities for their child. Sole custody may be appropriate when communication breaks down, conflict is ongoing, or there are legitimate safety concerns.

A child custody plan should reflect the child’s best interests while respecting both parents’ roles. Experienced guidance helps parents understand how North Carolina law applies to their unique situation.

Request a Case Evaluation

Custody decisions are some of the most important in a family’s life. If you’re navigating child custody in North Carolina, request a case evaluation with a Raleigh child custody attorney at Daphne Edwards Divorce & Family Law, PC . We’re here to help you understand your options and advocate for a custody arrangement that supports your child’s well-being.

How Divorce Works in North Carolina

Tue, 03 Feb 2026 22:20:38 GMT

In North Carolina, divorce is a no-fault process that requires spouses to live separate and apart for one full year before filing for absolute divorce. Court involvement is minimal for the divorce itself but may be required for issues like property division, child custody, and support if those matters aren’t resolved beforehand. For families in Raleigh and Wake County , understanding the steps ahead can reduce stress and help you plan strategically.

How Divorce Works in North Carolina

Divorce in North Carolina follows a structured legal process, but not every divorce looks the same. Some cases are relatively straightforward, while others involve complex financial or parenting issues that require court guidance.

At Daphne Edwards Divorce & Family Law, PC , we help individuals and families in Raleigh, Cary, and Wake County understand each stage of divorce so they can make informed decisions and protect their future.

The One-Year Separation Requirement

Before filing for divorce in North Carolina, spouses must live separate and apart for at least 12 consecutive months . This means:

Living in separate residences
At least one spouse intends the separation to be permanent
No resumption of the marital relationship during the year

This separation period is mandatory, even if both spouses fully agree to divorce. Many couples use this time to negotiate important issues and put agreements in place before filing.

Separation Agreements: Resolving Issues Early

During the separation year, spouses can enter into a separation agreement , a legally binding contract that addresses issues such as:

Division of property and debts
Child custody and visitation
Child support
Spousal support (alimony)

A well-drafted separation agreement often allows couples to avoid future court battles and proceed with divorce more smoothly.

Filing for Absolute Divorce in Wake County

Once the one-year separation requirement is met, either spouse may file for absolute divorce in Wake County family court. Absolute divorce officially ends the marriage.

Key points to know:

North Carolina does not require either spouse to prove fault
The divorce filing focuses only on dissolving the marriage
The court does not automatically decide property, custody, or support unless those issues are raised separately

If all other issues are already resolved through a separation agreement, the divorce itself is often quick and uncontested.

Equitable Distribution of Property

North Carolina uses equitable distribution , which means marital property is divided fairly—but not necessarily equally.

Marital property generally includes:

Assets and debts acquired during the marriage
Retirement accounts earned during the marriage
Real estate purchased together

Separate property (such as inheritances or assets owned before marriage) may not be divided, depending on the circumstances.

If spouses cannot agree on property division, the court may step in to decide how assets and debts are distributed.

Child Custody and Parenting Issues

When children are involved, custody decisions focus on the best interests of the child . North Carolina courts consider factors such as:

Each parent’s ability to provide stability
The child’s relationship with each parent
The parents’ ability to cooperate and communicate

Custody arrangements may be resolved through agreement, mediation, or court proceedings if necessary.

Child Support and Spousal Support

Child support in North Carolina is generally calculated using statewide guidelines based on income, custody schedules, and certain expenses.

Spousal support (alimony) depends on factors like:

Length of the marriage
Each spouse’s income and earning capacity
Contributions made during the marriage

Support issues can be addressed during separation or decided by the court if spouses cannot agree.

When Is Court Involvement Required?

Court involvement is usually required when:

Spouses cannot agree on property division
Custody or support disputes remain unresolved
One party contests claims made by the other

However, many divorces in Raleigh and Wake County resolve most issues outside of court through negotiation and legally binding agreements.

Moving Forward with Confidence

Divorce is a legal process, but it’s also a major life transition. Understanding North Carolina’s divorce requirements helps you make decisions that protect your finances, your parenting rights, and your peace of mind.

At Daphne Edwards Divorce & Family Law, PC , we guide clients in Raleigh , Cary , and Wake County through every stage of divorce with clarity and compassion.

Schedule a Confidential Consultation

If you’re considering divorce or already separated, schedule a confidential consultation with our experienced family law team. We’re here to answer your questions, explain your options, and help you move forward with confidence.

Child custody challenges when a parent plans to relocate

Tue, 09 Sep 2025 04:00:00 GMT

Daphne Edwards Divorce & Family Law, PC Legal Blog

Child custody challenges when a parent plans to relocate

Tue, 09 Sep 2025 04:00:00 GMT

If your co-parent plans to move out, it can disrupt your routine, parenting time and long-term relationship with your child. Relocation can create one of the most challenging situations in child custody cases. Taking early, deliberate steps can help you protect your relationship and prepare for how the court may evaluate the situation.

Understanding custody and relocation rules

Courts in Raleigh, Durham and Chapel Hill carefully evaluate relocation requests. They consider whether the move serves the child’s best interest and how it will impact your existing custody agreement. Knowing these rules helps you respond effectively and prepare for potential modifications to your parenting plan. Next, it helps to know the specific factors courts weigh when evaluating relocation.

Factors courts consider when evaluating relocation

Judges focus on several key factors when reviewing relaxation cases. Each factor helps the court determine how the move may impact the child’s best interests and the parent-child relationship. The court typically evaluates factors such as:

The Child’s best interest: Courts prioritize stability, schooling and emotional well-being.
Impact on routines and schooling: Courts review changes in school childcare or daily schedules.
Parental involvement: Courts evaluate contact with your child.
Reasons for the relocation: Courts weigh work, family or personal considerations against the child’s needs.

Understanding these factors helps you prepare for how the court may rule .

How relocation affects your custody arrangement

A relocation can affect your parenting time, visitation schedule and legal rights. You may need to adjust exchanges or request a modification to your existing custody order. Understanding these impacts early allows you to plan and protect your ongoing relationship with your child.

Steps you can take to protect your custody rights

You can take specific actions to safeguard your custody arrangement. Acting early and documenting your involvement can strengthen your position and show the court your commitment to your child’s well-being. Consider the following steps:

Respond promptly: Meet all deadlines for relocation motions or notices.
Gather evidence: Document your involvement in the child’s life and any factors supporting your position.
Negotiate modifications: Work toward adjustments that reserve parenting time.
Seek mediation: Participate in negotiations before a formal hearing.

Working with an experienced Raleigh family law attorney

Relocation cases can be complex. A skilled attorney in Raleigh or the Triangle can guide you through the filing motions, presenting evidence, and negotiating parenting plan changes. Taking these steps with the support of an attorney early helps you protect your rights, maintain your relationship with your child and confidently manage the relocation process.

What are the key benefits of divorce mediation?

Mon, 24 Mar 2025 04:00:00 GMT

When you think about divorce, you might picture heated courtroom battles and bitter arguments portrayed in movies or TV shows. Perhaps you’ve witnessed friends or family members go through contentious divorces that dragged on for months or even years.

These experiences can create misconceptions about what divorce actually looks like. The reality is that every couple’s situation is unique, with different reasons for separating and different priorities moving forward.

Despite what popular culture suggests, many couples successfully navigate divorce without lengthy court battles. Mediation offers a path to resolve differences peacefully, allowing you to maintain control over important decisions affecting your future.

How mediation works

During mediation, you and your spouse work with a neutral third party to address key issues, including division of marital assets, child custody arrangements, alimony, child support and other related matters.

Mediation empowers you to create solutions that work for your specific situation rather than having a judge make these decisions for you. The process typically follows these steps:

Initial consultation establishing ground rules
Information gathering about assets, debts and family circumstances
Identification of issues that need resolution
Discussion of each party’s priorities and concerns
Negotiation of mutually acceptable solutions
Creation of a legally binding agreement

This approach helps reduce the emotional and financial stress often associated with traditional divorce litigation.

Common benefits of a peaceful resolution

Choosing mediation over litigation offers several significant advantages , such as:

You maintain control over the outcome rather than leaving important life decisions to a judge who doesn’t know your family.
Mediation typically costs substantially less than a contested divorce, which can run into tens of thousands of dollars in North Carolina.
The process is faster and more flexible than court proceedings, often completed in weeks rather than the 12 to 18 months litigation can require.
Unlike court-mandated appearances, you can schedule sessions at times convenient for both parties.
Mediation creates a less adversarial environment, particularly beneficial when children are involved.
You build communication and compromise skills that support successful co-parenting after divorce.
Agreements reached through mediation have higher compliance rates than court orders.
The process remains confidential, unlike public court proceedings.

Working with an experienced family law mediator provides valuable guidance through this challenging time. A mediator helps facilitate productive conversations, ensures both voices are heard equally and offers creative solutions to seemingly insurmountable problems.

While mediators don’t provide legal advice, they can help you understand your options and the potential consequences of different decisions. This support can make the difference between a difficult, drawn-out divorce and one that resolves key issues efficiently while preserving your dignity and financial resources.

Who can receive alimony in North Carolina?

Thu, 17 Oct 2024 04:00:00 GMT

One of the biggest concerns of spouses during a divorce is how to support themselves through the separation. In a marriage, couples often divide chores and responsibilities. For instance, you could decide to stay home and care for the house and the children while your spouse works. This arrangement may work well while married, but divorce could change this dynamic.

Fortunately, the law in North Carolina considers these situations and establishes guidelines for spousal support after the divorce. Household labor is still labor. Therefore, you also put time and effort into supporting your family. Alimony can help you through the transition, allowing you to cover your expenses . However, the amount and duration of this spousal support will be determined based on the particularities of your case.

Guidelines for receiving alimony

In North Carolina, either spouse can request alimony, but it is usually awarded to the dependent spouse. A dependent spouse relies significantly on the other for financial support or is in substantial need of it. On the contrary, the supporting spouse is the one upon whom the dependent spouse relies for maintenance. Still, specific conditions must be met for a court to grant alimony.

Firstly, the court will examine whether one spouse is dependent and the other is supporting. Moreover, the court will consider any marital misconduct in the decision. For example, if your spouse engaged in infidelity, it is crucial to mention it to your lawyer since it could influence the decision in your favor. Additionally, if you engaged in misconduct, it would also be considered by the court.

Factors influencing the amount and duration of alimony

The amount and duration of alimony in North Carolina are determined by the court, which considers a range of factors, including:

Earnings and ability to earn money: If you can work, you could receive temporary alimony to help you get back on your feet.

Age and health: Spouses with disabilities and health conditions could receive alimony to cover their expenses.
Marriage Duration: Longer marriages may influence longer or more substantial alimony awards.

Standard of Living: The lifestyle established during marriage is key.
Assets and Liabilities: The court looks at each spouse’s financial situation, including debts and property.

As you can see, the court’s decision depends on many factors. Each case is unique, so the court will thoroughly evaluate your situation before making the final decision. Still, a lawyer can help you create a strategy for your case. Divorcing is stressful, but you do not have to do it alone. During a separation, surround yourself with loved ones and professionals who can support you through all aspects of the transition.

Daphne Edwards Selected To Business North Carolina’S 2016 Legal Elite

Mon, 12 Feb 2024 05:00:00 GMT

We are pleased to announce that Daphne Edwards has been selected to Business North Carolina Magazine’s 2016 Legal Elite Family Law Section.

Business North Carolina’s Legal Elite has been published annually since 2002. The Legal Elite is a listing of North Carolina’s top lawyers as chosen through a peer-based balloting process. It is the only honor of its type that is inclusive of all members of the bar. The ballot requests that lawyers write in the names of the best lawyers with whom they have had interaction in each of the practice area categories recognized by the Legal Elite. Honorees are categorized by practice area, and lawyers with the largest number of votes are inducted into the Legal Elite Hall of Fame.

Daphne Edwards is 1997 graduate of Golden Gate University School of Law. She holds an undergraduate degree in Political Science from University of Oregon, and attended North Carolina State University. She served as Clerk to North Carolina Supreme Court Justice Robert Orr and Judge Proctor Hug, Jr., of the U.S. Court of Appeals for the Ninth Circuit. Ms. Edwards also worked for the Ninth Circuit as a Staff Attorney presenting about ten cases a month to three-judge panels. In North Carolina, Ms. Edwards served as Assistant Attorney General for the North Carolina Department of Justice and Assistant District Attorney for the District Attorney’s Office for Alamance County. Ms. Edwards has also taught law school as an Adjunct Professor for several years, at both Campbell Law School and Golden Gate University School of Law, where she received the 1997 Faculty Award for Academic Excellence.

Ms. Edwards is a member of the Family Law and Appellate Practice Sections of the North Carolina Bar Association, the Family Law Section of the American Bar Association, the Wake County Bar Association, North Carolina Association of Women Attorneys, the Legal Writing Institute, and the Business and Professional Women of Raleigh Association. She is licensed to practice law in North Carolina. She focuses her practice exclusively on matters relating to matrimonial law.

The information contained in this article and throughout this website is correct and accurate as of the date of publication of the content. While accurate and informative, the content is provided to help you make decisions in choosing a lawyer to help you through your divorce. You should not rely on this general information as legal advice. Please seek advocacy with an experienced family law attorney in order to gain full understanding of the elements of your family law matter. Daphne Edwards is available for comprehensive and confidential consultation by appointment. Call 919-891-8552 to schedule yours today.

Daphne Edwards Attains Martindale Hubbell’S AV Preeminent Peer Review Rating

Mon, 12 Feb 2024 05:00:00 GMT

Daphne Edwards has attained an AV Preeminent Peer Review Rating from Martindale Hubbell.

Daphne Edwards is 1997 graduate of Golden Gate University School of Law. She holds an undergraduate degree in Political Science from University of Oregon, and attended North Carolina State University. She served as Clerk to North Carolina Supreme Court Justice Robert Orr and U.S. Circuit Court of Appeals Judge Proctor Hug, Jr., Ninth Circuit, and as Staff Attorney for the United States Court of Appeals for the Ninth Circuit. In North Carolina, she has served as Assistant Attorney General for the North Carolina Department of Justice and Assistant District Attorney for the District Attorney’s Office for Alamance County. She has taught law at both Campbell Law School and Golden Gate University School of Law, where she received the 1997 Faculty Award for Academic Excellence.

Daphne is a member of the Family Law and Appellate Practice Sections of the North Carolina Bar Association, the Family Law Section of the American Bar Association, the Wake County Bar Association, and North Carolina Association of Women Attorneys. In 2016, she was honored to be included in Business North Carolina Magazine’s Legal Elite Family Law Section. She focuses her practice exclusively on matters relating to divorce and family law and adds to the firm’s successful appellate history.

How Is Property Valued For Purposes Of Equitable Distribution?

Sun, 11 Feb 2024 05:00:00 GMT

One of the critical steps in the equitable distribution process is to place a value on all property classified as marital property. In North Carolina, all marital property (which includes assets and debts) must be valued as of the date of separation.

The value of the marital property is typically determined using the standard of “fair market value.” Fair market value is considered the price a willing buyer would pay to purchase an asset on the open market from a willing seller, with neither party being under any obligation to buy or sell. Fair market value is not the purchase price, replacement value, tax value, or sentimental value. Although the tax value may sometimes be an indication of an asset’s value, tax value is generally not used to support an asset’s date of separation value, particularly as it relates to real estate since real estate values can fluctuate and vary significantly from those assigned by a tax assessor.

The value of bank accounts, investment accounts, and similar financial accounts can generally be determined by reviewing the applicable statement that covers the date of separation or contacting the financial institution and requesting a written statement that specifies the balance as of the date of separation.

A real estate appraiser will generally need to be retained to appraise real estate owned by the parties, unless the parties are able to agree on a value or there is some other reasonable method from which the value may be ascertained. For example, if the parties own a condominium, and an adjacent condominium of similar size and style, was sold on the open market close to the date of the parties’ separation, one or both parties may contend that the sales price of the adjacent condominium represents the fair market value of their condominium as of the date of separation.

Most vehicles can be valued by using the Kelley Blue Book or the NADA book values .

When assigning values to ordinary furniture, household furnishings, and recreational equipment, it can be helpful to look on websites such as Facebook , eBay , or Craigslist to find comparable items and see what they are selling for on the open market. Remember, just because you paid $2500 for the sofa, the fair market value is the amount you could sell it for on the open market as a used furniture item.

Art, antiques, guns, coins, and collectibles may require retaining the services of a personal property appraiser who has experience in valuing such items.

A CPA who is an accredited business valuator or a business appraiser will generally need to be retained to value a party’s business or business interest in entities such as a corporation, partnership, or professional association. A CPA may also be retained to assist with valuations of pension or retirement accounts as there are different factors and methods which are considered appropriate for valuing these assets as well.

Debts, including, but not limited to mortgages, equity lines of credit, consumer debt, credit cards, auto loans, personal loans, loans against life insurance or retirement accounts, can typically be valued by reviewing the relevant statement balance that covers the date of separation. If the statement is not available or is otherwise difficult to ascertain, it may be necessary to contact the creditor and request a statement that states the balance of the debt as of the date of separation.

It is crucial for evidence to be presented as to the value of all marital assets and debts. A judge cannot guess, or estimate the value of an asset or debt. If the parties disagree on the value, both parties have the responsibility of presenting evidence to support their contention of the value and the judge must decide which party’s evidence is most credible. If there is not adequate evidence presented by either party as to the value of an asset or debt, including a valuable asset such as a pension plan, the judge can decline to include that asset or debt as part of the division of the marital estate.

Finally, it is important to be fair and realistic when assigning values to assets and debts. Many people tend to overestimate the value of jewelry, golf clubs, or other items they believe will be distributed to the other spouse. One important reason to be fair and reasonable is that if you vehemently argue that your spouse’s coin collection is worth $5000 and your spouse contends that it is worth $2000, then the judge may distribute the coin collection to you at your value of $5000.

Raleigh Equitable Distribution Lawyer

The process of equitable distribution can be very complex. Accordingly, if you need an experienced and knowledgeable attorney to represent you in your equitable distribution matter, Daphne Edwards can help. Ms. Edwards has the skill and legal ability to handle your equitable distribution matter in an effective and efficient manner. Whether your matter is resolved through settlement negotiations or litigation, you can count on Ms. Edwards to diligently advocate on your behalf to ensure that you receive your fair share of what is rightfully yours.

For more information please visit our site or contact our lawyers.

The Value Of Emotional Support During Divorce

Sun, 11 Feb 2024 05:00:00 GMT

The upheaval and turmoil that accompany divorce can be devastating and far-reaching. Divorce has the potential to impact every major aspect of a person’s life: physical, emotional, mental, spiritual, social, and financial. Divorce is stressful, but for some people, it is also emotionally traumatic. While it is common for people going through divorce to experience a wide range of emotions, including denial, grief, hurt, and anger, some people feel paralyzed and may find it difficult to cope with the ordinary demands of everyday life, including parental responsibilities and employment obligations.

Recognizing and dealing constructively with the stress and emotional trauma associated with divorce can be crucial to adjusting and moving forward in a healthy manner. If you are struggling emotionally during the divorce process, a licensed professional therapist can be invaluable to providing much-needed emotional support and guidance. Although divorce is a time when finances may seem tight or uncertain, it may be one of the most critical times for you and/or your children to have the emotional support and guidance of a skilled professional. Other options that may be effective include a support group, or counseling with religious or spiritual advisors.

Family and friends are important and beneficial sources of emotional support. However, they are not bound by rules of confidentiality and do not have the objectivity and training of a licensed professional therapist.

Attorney Daphne Edwards understand the profound and devastating impact that divorce can have on your life. We are committed to ensuring that your legal matters are handled in a professional, competent, and efficient manner. However, if you are struggling emotionally, don’t neglect your emotional and mental health. The more secure you are emotionally, the easier it will be to make balanced decisions and get through the legal process.

Is My Separate Property Included In The Marital Estate For Purposes Of Equitable Distribution?

Sat, 10 Feb 2024 05:00:00 GMT

In North Carolina, separate property refers to property that is owned by one spouse individually. Separate property includes: property (which can be an asset or debt) owned prior to the marriage, property acquired by gift or inheritance, or property acquired in exchange for other separate property. However, gifts between spouses are presumed to be marital property unless there is evidence that the property was intended to be the separate property of the recipient spouse. A spouse’s separate property is not subject to equitable distribution . A judge does not have authority to divide a spouse’s separate property, or include its value as part of the marital and divisible estate. When there is a disagreement between the spouses as to whether property is the separate property of one spouse, the spouse claiming the property is his or her separate property has the burden of proving that:

the property was owned prior to marriage;
the property was received by gift or inheritance;
the property was a gift from the other spouse during the marriage and there was an intention stated in the conveyance that it would be the separate property of the recipient spouse; or
the property was acquired in exchange for separate property.

Therefore, if you claim that property is your separate property, the burden is on you to present sufficient evidence to convince a judge that the property falls into one of the four categories referenced above. Tracing separate property, such as an investment account, to its origin can be a difficult and challenging process, especially during a lengthy marriage when documents may have been lost or destroyed over the years. In some situations it may be necessary to retain a forensic accountant to help you trace your separate property to its origin before marriage or the time it was gifted or inherited. A judge may be persuaded by oral testimony, but reliable documentation or other physical evidence will be most persuasive, especially if you and your spouse are offering contradictory testimony. If a spouse is unable to produce sufficient evidence that property is his/her separate property, then a judge may find that the property is marital property and include it in the valuation and distribution of the marital estate. Attorney Daphne Edwards represents clients in a wide array of family related matters, including equitable distribution. Her expansive knowledge and experience has earned her a solid reputation representing clients in equitable distribution matters, including those seeking to defend or challenge claims of separate property.

Six Reasons To Postpone Dating After Separation

Sat, 10 Feb 2024 05:00:00 GMT

There are no legal guidelines in North Carolina that specify how long you should be separated from your spouse before you begin dating. Some people may feel lonely and want to start dating soon after separation while others have difficulty accepting that their marriage is over or otherwise have no interest in getting involved in a new romantic relationship.

Before you post your profile on an Internet dating website or become involved in a new relationship, you should talk to your family law attorney about the possible impact that dating might have on your divorce case. There are many reasons your attorney may recommend that you delay dating until all matters related to your separation and divorce of been resolved, including the following:

You need time to recover emotionally and process the breakup of your marriage. Understanding why your marriage failed can be crucial to helping you avoid finding yourself in another relationship with a similar outcome.
Becoming involved in a new romantic relationship before the issues related to your divorce have been resolved may cause hurt, anger, and/or jealousy on the part of your estranged spouse. This could lead to more conflict and animosity which may make it more difficult to settle your divorce related issues in an amicable manner.
Divorce can be scary and confusing for children. Introducing your child to the person you are dating too soon after separation may cause your child more confusion and anxiety. Moreover, your dating relationship may affect your claim for child custody or visitation to the extent that the relationship has an impact on your child. Any person who has regular contact with your child may be subjected to scrutiny and called on to testify in court or deposition and your custody related matters.
The person that you are dating may be subpoenaed to testify at court or in a deposition in connection with other divorce related matters since issues such as when you began dating, monies and gifts that you have given to or received from each other, and trips that you have taken together may be relevant to such matters as spousal support, child support, adultery, and/or financial misconduct.
Your conduct after separation may become relevant to your divorce proceedings to the extent that it may be used to substantiate marital misconduct that occurred during the marriage.

Any issue (including dating) that adds more complexity or conflict to your divorce proceedings will likely increase your legal expenses.Dating before the issues related to your divorce have been resolved can potentially make your divorce more complicated and negatively impact your case from a legal perspective. Much of the impact may depend on the legal issues at stake in your case. Before you begin dating, we recommend that you discuss the matter with your family law attorney to make sure that you understand any possible repercussions.

Do I Need A Business Valuation If I Am Getting Divorced?

Fri, 09 Feb 2024 05:00:00 GMT

equitable distribution

Should I Change Divorce Attorneys?

Fri, 09 Feb 2024 05:00:00 GMT

It is not unusual for a client to hire an attorney to represent them in their divorce and related legal matters and then have concerns about whether they should change attorneys. One of the primary reasons for client dissatisfaction is the attorney’s failure to respond to the client’s phone calls, emails, or communications in a timely manner. Other reasons clients become dissatisfied with their attorney run the gamut from feeling like their case is not getting the attention it deserves to a lack of confidence in the attorney’s ability to effectively handle the substantive issues at hand.

It is possible to change attorneys during the divorce process, but how do you know if you should? Some factors to consider when assessing your attorney’s performance and ability include the following:? Does your attorney have the proper degree of experience and skill to handle the legalissues in your case?? Does your attorney respond to your telephone calls, emails, or other communications in atimely manner?? Does your attorney keep you informed of the status of your case and give you adequatenotice of deadlines and other court events?? Is your attorney prepared for court events and able to meet deadlines?? Do you trust your attorney’s professional advice and judgment?

Economic considerations may also factor into your decision to change attorneys. You may have already paid your current attorney considerable sums or a nonrefundable retainer. Hiring a new attorney can increase your legal expenses, but it may be worth the investment if it can help you achieve a favorable outcome.

Changing attorneys during the divorce process can be a delicate matter. It is crucial that you promptly find another attorney who is willing to represent you, preferably before you terminate your relationship with your current attorney. If a lawsuit has been filed in your case, there are likely to be court events and other deadlines pending, and your new attorney will require time to obtain your file and become familiar with your case. You should also be aware that if a trial is scheduled in your case, and you decide to change attorneys immediately before trial, there is no guarantee the judge will grant you a continuance to allow your new attorney time to get up to speed.

If you’ve made the decision to change attorneys and are seeking new legal representation, Attorney Daphne Edwards can help. Ms. Edwards focuses her practice on family law and appeals, and she has the skills and experience necessary to handle your case from beginning to end, as well as in the event of an appeal. Regardless of whether you need representation in an emotionally charged child custody dispute, or in a complex divorce, Ms. Edwards and her staff will work with you to ensure a smooth transition.

Circumstances In Which The Child Support Guidelines Do Not Apply.

Thu, 08 Feb 2024 05:00:00 GMT

The North Carolina Child Support Guidelines currently in effect provide recommended guidelines for determining the presumptive child support obligation for parties whose combined adjusted gross incomes is $300,000 per year ($25,000 per month) or less. When the parties’ combined incomes exceed $300,000 per year, then the child support guidelines cannot be used and child support must be determined based on the specific facts and circumstances of that particular case.

When the parties’ combined incomes is less than $300,000 per year, circumstances may exist that would justify a deviation from the child support guidelines. Other circumstances that may merit a deviation from the child support guidelines include the following:

the amount of child support determined by applying the child support guidelines would not meet (or would exceed) the reasonable needs of the child;
when a child has special needs, such as physical or emotional needs;
when a supporting parent is paying child support to two or more families under two or more court orders, separation agreements, or voluntary support agreement;
when a parent is paying 100% of the child support obligation and 100% of the cost of the child’s health insurance;
when the supporting parent has a low income and adjustment is needed to maintain the minimum self support reserve;
when the supporting parent has an obligation to pay alimony to any person; or
if the court finds that a parent is voluntarily unemployed or underemployed in bad faith, and that income should be imputed to that parent.

Either party may request a deviation from the child support guidelines. When a deviation has been requested, the court is required to conduct a hearing to determine the issue of child support. The primary emphasis at such a hearing is typically on consideration of the economic factors that relate to the reasonable needs and expenses of the child and the relative ability of each party to provide support. In this regard, evidence must be presented to the court regarding any relevant factors, including the child’s needs and expenses, the parties’ incomes, expenses, income earning ability, estates, homemaker contributions, and the accustomed standard of living of the parties and the child.

The extensive evidence and testimony that must be presented at a child support hearing in which there is a deviation from the guidelines underscores the importance of having a skilled and knowledgeable family law attorney representing you in your proceedings, and presenting crucial evidence on your behalf.

Should I Try To Settle Or Go To Court And Let A Judge Decide?

Thu, 08 Feb 2024 05:00:00 GMT

There are five discrete legal issues that are commonly associated with divorce: (1) child custody, (2) child support, (3) post separation support, (4) alimony, and (5) equitable distribution of marital and divisible property and debts. Although the actual divorce must be granted by the court, you and your spouse can settle other issues related to your divorce outside of court. Settlement negotiations can occur between you and your spouse, your attorneys, or within the context of mediation or other alternative dispute resolution processes. Negotiating an agreement of issues that are in dispute usually involves a series of offers and counteroffers in which both you and your spouse make certain concessions.

You and your spouse may be able to reach an agreement regarding all issues related to the divorce or only some issues. For example, you may be able to agree on child custody and child support, but unable to agree on alimony or equitable distribution. Any issues which you and your spouse are unable to agree on may be brought before the court for determination.

There are obvious benefits to choosing settlement over going to court. Some of the benefits of settling your divorce related matters outside of court include the following:

Settlement eliminates the risk and uncertainty of going to court and letting a judge decide. When parties go to court, they cede all decision-making authority over to the judge.
Settling matters outside of court is almost always less expensive and less time-consuming than going to court. Settlement can curb your legal expenses and eliminate the inconvenience of having to appear for conferences, mediation, and court events.You and your spouse can be flexible and creative in your problem-solving, and craft solutions that are tailored to meet your family’s unique needs.
You and your spouse can agree to things that a judge does not have authority to require. For example, a judge does not have authority to require a parent to provide financial support for a child who has attained age 18 and graduated from high school, but you and your spouse can agree that one or both of you will pay your child’s college education expenses.
Negotiated settlement can lay the foundation for you and your spouse to have an improved relationship. This can be especially important if you are the parents of a minor child or anticipate having future contact.You and your spouse can memorialize your agreement in a private contract rather than a court order which allows you to maintain privacy regarding the terms of your settlement.

Settlement brings closure. This can relieve stress, promote healing, and serve as a catalyst for both you and your spouse to move forward.Although settlement is not possible in every case, there is a greater likelihood that you can reach a favorable settlement outside of court if you are represented by a knowledgeable family law attorney who is skilled in the art of negotiation.

Failure To Pay Child Support: Collection And Enforcement Remedies.

Wed, 07 Feb 2024 05:00:00 GMT

There are many enforcement tools to help the parent who was ordered to receive child support but fails to receive such support from the other parent. Both the parent who is to receive child support and the parent who is ordered to pay child support should be aware of different enforcement mechanisms available. The parent receiving support, the obligee, needs to be aware of these remedies in order to collect past due child support. The parent who is ordered to pay child support, or the obligor, needs to be aware of the enforcement tools because failure to pay the support can have devastating, long-term effects on his or her financial and personal life.

Options available to enforce and compel compliance with child support obligations and collect child support arrears, including, but not limited to, the following:

initiation of legal proceedings for contempt of court with the possibility of incarceration;
federal criminal prosecution pursuant to the Deadbeat Parents Punishment Act (when the obligor and child reside in different states);
wage withholding through the obligor’s employer;
interception and garnishment of obligor’s federal and/or state income tax refunds;
seizure of bank accounts;
suspension or restriction of driver’s license;
revocation of professional and occupational licenses;
revocation of hunting and fishing licenses;
placing a general lien upon real or personal property owned by the obligor;
reporting the indebtedness to the credit reporting agencies which may adversely impact obligor’s ability to obtain credit or a loan;
and restricting, revoking, or denying a United States passport for obligors who owe $2500 or more in child support arrears.

There are certain factors, such as the amount of the child support arrears and how long the arrears have been owed, that are usually taken into consideration in determining the appropriate collection and enforcement remedies.It should be noted, however, unlike other types of debt, child support arrears cannot be discharged in bankruptcy. The child support debt will remain due and collectible until it has been satisfied.If you are having financial problems and struggling to pay your bills, paying your child support obligation should be your number one priority. If you have experienced a change in financial condition that has impacted your ability to pay your child support obligation, you may be eligible to seek a modification or reduction in your child support payment.

Whether you are a custodial parent or a noncustodial parent, Daphne Edwards is available to assist you with your child support matter. She can provide representation in making an initial determination of child support (including high income child support), enforcement or contempt proceedings, or obtaining a modification (either an increase or reduction) in child support. Ms. Edwards is dedicated to providing compassionate guidance and effective advocacy to help you achieve the best possible outcome of your legal matter.

How Social Media Can Affect Your Divorce Case – And 9 Tips To Help You Avoid Pitfalls

Wed, 07 Feb 2024 05:00:00 GMT

The use of social media during separation and divorce can have serious and unforeseen consequences. If you are going through a divorce, or are involved in any kind of legal dispute, one of the most important things you can do is limit your use of social media. Divorce lawyers have quickly learned that Facebook, LinkedIn, MySpace, personal blogs, and other forms of social media provide an abundance of personal and professional information that can be useful in family related legal matters. Increasingly, information gleaned from social media is being used in divorce cases, particularly in child custody and support disputes, to corroborate existence of assets, expenditures, lifestyle, and behavior that could be considered marital misconduct or adultery. From a legal perspective, social media has the potential to be very damaging to your case. The following are tips regarding social media use during divorce and examples of how postings may impact your case:

Do not divulge financial information. If your ex-wife is seeking an increase in child support or alimony, it may be harder to convince a judge that you do not have sufficient income to pay more support if you have been gloating to friends online about the lavish vacation you just took or the new boat you purchased.
Use good judgment when posting any photos. Even photos that seem harmless can provide a wealth of information. A photo showing you at a party with friends when you claimed you were unavailable to exercise visitation with your child could jeopardize your chances of being awarded child custody or more visitation.
Monitor the postings of your family and friends. This is particularly a good idea if you and your former spouse have mutual friends. A mutual friend could easily share information that you have posted with your former spouse. Consider asking people to remove photos that you have been “tagged” in.
Do not discuss details of your legal case, and particularly any strategies that you and your attorney may have discussed.
Avoid bad mouthing and making unkind remarks about your former spouse. If you are blasting your former spouse online for being late on child support, imagine how you might feel if you learn your child has seen the postings. Additionally, if your ex claims that you have anger management issues or a history of emotional abuse that includes derogatory name calling, your online rants may only serve to support these allegations.
Assume that anything you post online could be made public or find its way into the courtroom.
Update your privacy settings. “Unfriend” people who are no longer friends, or add them to an “acquaintances” or “restricted” category.
Secure your account. If you have recently separated or are going through divorce, create a new password.
Google yourself. Search the Internet to see what information can be found about you. While you are scouring the Internet looking for dirt on your ex, he or she is probably doing the same thing.

Can I Make The Other Party Pay My Attorney’s Fees?

Tue, 06 Feb 2024 05:00:00 GMT

North Carolina law gives a judge authority to require one party to pay the other party’s attorney’s fees in family law matters that include claims for child custody , child support , post-separation support, and/or alimony . Typically an award of attorney’s fees is favored when there is a significant disparity in the incomes of the parties. The underlying objective is to require the party who has greater economic resources to contribute to the other party’s attorney’s fees to “level the playing field” and ensure that both parties have equal access to legal counsel. However, regardless of the parties’ financial condition or circumstances, awards of attorney’s fees are discretionary so there is no guarantee that a judge will require one party to pay the other party’s Raleigh Divorce and Family Lawyer’s fees.

When determining whether to require one party to pay the other party’s attorney’s fees, a judge must have sufficient evidence presented to be able to make specific findings to support the decision.

In order to be entitled to an award of attorney’s fees in connection with claims for child custody and child support, the judge must find that the party seeking attorney’s fees:

Is an interested party who has acted in good faith; and
Has insufficient resources to pay the expenses of the legal action.

In awarding attorney’s fees in child support matters, the judge must make an additional finding that the party required to pay child support was not providing adequate child support at the time the child support action was initiated.

Attorney’s fees may be awarded in connection with claims for post-separation support and alimony if the judge must find that the party seeking support:

Is a dependent spouse who is entitled to post-separation support or alimony; and
Is unable to defray the expenses of the legal action.

A judge does not have statutory authority to award attorney’s fees in actions for equitable distribution of marital property and debts. When a divorce related legal action includes claims for equitable distribution , the judge only can award attorney’s fees in connection with the claims for child custody, child support, post-separation support, and/or alimony .

There are other situations that can arise in family law cases in which a judge has authority to require one party to pay the other party’s attorney’s fees, such as when a party is deliberately delaying or obstructing the proceedings, when a party incurs attorney’s fees to require the other party to return separate property, or in certain contempt matters when a party has failed or refused to comply with an order of the court.

When a judge decides that an award of attorney’s fees is appropriate, the judge must then determine the amount of attorney’s fees that is reasonable. The judge does not typically award attorney’s fees in whatever amount is requested, but rather will consider certain factors such as the amount and reasonableness of the attorney’s fees that are being requested, the scope of the legal services, the skill required, the time spent, and the attorney’s hourly rate compared to other attorneys in the geographic area. Depending on what the judge determines is fair and reasonable, the other party may be required to pay all, or some, of your Raleigh Divorce and Family Lawyer’s fees.

Daphne Edwards focuses her practice exclusively on family law and appeals. She is committed to diligently representing her clients and will seek a recovery of attorney’s fees in circumstances where it is appropriate. However, she understands that payment of attorney’s fees can sometimes be difficult for both parties. From the moment Ms. Edwards is retained, you can have confidence that she will give your legal matter the attention it deserves and work with you to meet your goals in an efficient and cost-effective manner.

For more information please visit our site or contact our attorneys.

Modification Of Child Support: How Can I Get My Child Support Changed?

Tue, 06 Feb 2024 05:00:00 GMT

A North Carolina Court with jurisdiction over a minor child has a statutory right to enter a child support order setting child support in an amount that would best meet the needs of the child. As such, a court has authority under certain circumstances to modify, or change, child support regardless of whether there is an existing court order that establishes child support or whether the parties have a written child support agreement.

A parent who desires to modify child support that has been court ordered must file an appropriate legal action with the court requesting that child support be modified, either increased or decreased. The parent seeking to modify the child support has the burden of showing that a substantial change in circumstances has occurred that would justify an increase or decrease in child support. A substantial change of circumstances sufficient to justify a modification of child support generally relates to a change in the child’s needs or a parent’s ability to pay. However, it is presumed that a substantial change of circumstances has occurred to justify modification of a child support obligation if an existing child-support order is at least three years old and there is a difference of 15% more or less in the amount of child support that would result by applying the present child support guidelines and the amount of child support being paid under the existing order.

A parent who is required to pay child support pursuant to a court order may not unilaterally reduce the amount of support he or she is paying, or stop paying the child support, without permission from the court or unless otherwise provided by law.

When child support is being paid pursuant to a private written agreement between the parents, the parents may enter into an amended or subsequent written agreement whereby they mutually agree to modify the child support obligation. Any such agreements that modify child support should be done with the assistance and guidance of a family law attorney to ensure that proper legal protocol is followed and any changes to the child support obligation are legally binding. Parents who have a written agreement that establishes child support also have the option of initiating legal proceedings to bring the issue of child support before the court for determination.

If you are paying or receiving child support and believe grounds exist to have your child support modified, either increased or reduced, please contact our office. We can review your current financial condition and child support arrangement and help you determine if a modification of child support is appropriate in your circumstances.

What Are Grounds To Appeal A Trial Judge’s Decision?

Mon, 05 Feb 2024 05:00:00 GMT

The decision to appeal to trial judges should be given careful consideration.

A party in a family law case – be it a child custody case , child support case , alimony case , or equitable distribution case – who believes the trial judge’s decision was mistaken or unsupported by law, may appeal that decision to the North Carolina Court of Appeals . In North Carolina, trial judges are vested with wide discretion in making decisions in family law cases, including those that involve divorce , child custody, child support, post-separation support, alimony, attorney’s fees awards, and/or equitable distribution . This discretion entrusts judges to use their own judgment in considering the weight that is given to the evidence that is presented and to gauge the credibility of any witnesses. To prevail on an appeal, the party appealing the case must show that the trial judge abused his discretion. . An abuse of discretion can be established by presenting evidence to the appellate court to show that the trial judge failed to comply with the law, incorrectly applied or interpreted the law, or reached a decision in the case that was manifestly unsupported by competent evidence or was so arbitrary that it could not have been the result of a reasoned decision.

Each family law case is unique and has the potential to present novel legal issues or highlight an aspect of the law that needs to be amended, more narrowly defined or interpreted. Issues that may form the basis for an appeal generally need to be preserved at the trial level. For example, if a judge refuses to allow certain evidence to be introduced at trial, your attorney may make a formal objection for the record that preserves your right to appeal on this basis. Being represented by a skilled and experienced family law attorney throughout the legal process can help to ensure that appealable matters are preserved for the record at the trial court level thus preserving your right to pursue an appeal.

Disagreeing with or disliking a judge’s decision does not necessarily mean there is a solid legal basis for an appeal. Moreover, an appeal can be expensive and time-consuming and delay resolution of your legal matters. It may take a year or longer for the Court of Appeals to render a decision in your case and one of the possibilities is that the Court of Appeals could require the trial court to conduct a new trial. The decision to appeal a trial judge’s decision is one that should be given careful consideration.

Raleigh Divorce and Family Lawyer Daphne Edwards has extensive experience in family law and appellate matters. Ms. Edwards represents clients in appeals arising from matters she has litigated in the trial court, as well as matters tried by other attorneys or law firms. If you are considering appealing a trial judge’s decision, Ms. Edwards can provide you with a realistic assessment of the merits of your case.

Child Support And Child Custody For A Disabled Child

Mon, 05 Feb 2024 05:00:00 GMT

The obligation of parents to pay support for a disabled child is equal to any other child.

North Carolina provides child support guidelines for determining the presumptive child support obligation in cases where the parents’ combined income does not exceed $300,000 per year. In high-income cases where the parents’ combined income exceeds the guidelines, or when a child has special needs and the amount of support due under the guidelines would not meet the reasonable needs of the child, child support is determined on a case-by- case basis. There are no special guidelines for determining child support of a disabled child. It is recommended to contact a Raleigh Child Support Lawyer.

A parent’s obligation to pay child support for a disabled child terminates under the same events and circumstances that it terminates for any other child. Even when a child is mentally or physically incapable of being self-sufficient, the child’s disability does not legally obligate a parent to continue paying child support beyond the normal circumstances that child support would terminate, such as attaining age 18 . A parent may enter into an agreement or legally binding contract with the child’s other parent (or other parties) obligating himself or herself to provide support for an adult disabled child. However, in the absence of an enforceable contract or agreement, a parent has no legal duty to support a child who is over the age of 18 and not enrolled in primary or secondary school. Voluntarily agreeing to provide financial support for a child beyond that which is required by law is a matter that should be given careful consideration. Even though you may have your child’s best interests at heart, your financial condition could change due to health reasons or other matters beyond your control.

A minor child’s disability does not preclude either parent from seeking custody or visitation with the child, and a court may award custody and/or visitation to either parent. Additional provisions in North Carolina law (N. C. G. S. § 50-13.8) authorize the District Court to determine custody of a child who has reached the age of majority and who is mentally or physically incapable of self support in the same manner as a minor child for so long as the adult child remains mentally or physically incapable of self support. This distinction in the law allows a parent to be awarded custody of an adult disabled child as long as the child has not been declared incompetent and had a Guardian appointed.

If the adult child has been found to be incompetent, a parent may apply to the Clerk of Superior Court to be awarded the legal guardianship of the adult child. The clerk of court has the power to appoint a Guardian and award the Guardian custody of an adult child who is found to beincompetent.

Raleigh Child Support Lawyer Daphne Edwards provides legal representation to clients in a broad spectrum of family related legal matters, including child custody and child support . She understands the decisions made in your case, whether negotiated by settlement or mandated by court order, can have long-term and far-reaching consequences. Ms. Edwards is committed to helping clients achieve their goals and find lasting solutions to their family related legal problems.

Are Accounts Titled In The Name Of Our Minor Child Considered Marital Assets?

Sun, 04 Feb 2024 05:00:00 GMT

It is fairly common for parents to establish and fund financial accounts in the name of their minor child. Often this is done in anticipation of the child’s college education expenses, to create savings for the child, or for estate planning purposes. Depending on the type of account, the age of the child, and the purpose for which the account is created, the account may be titled in the child’s individual name, as a joint account with one or both parents, or established as a custodial account pursuant to the Uniform Gift to Minor Act (UGMA) or Uniform Transfers to Minor Act (UTMA).

Parties often wonder how to treat these accounts when they separate and begin the process of dividing their marital property. If an account has been funded or acquired with marital monies, is it considered marital property that is subject to division between the parties? What if one party contends that such an account was established or funded by the other party in an attempt to hide, conceal or divert marital assets from the marital estate?

A custodial account established in the name of a minor child is presumed to be an asset of the child and a gift from whomever donated and/or funded the account. An account held solely in the name of an adult child is presumed to be the property of the adult child. However, when a party to an equitable distribution action contends that the other party transferred or deposited funds (or other assets) into an account titled in the child’s name for the purpose of hiding, concealing, or diverting funds or assets from the parties’ marital estate, then the child becomes a necessary party to the legal action so that the trial court can obtain jurisdiction to determine the legal owner(s) of the assets in the account. This procedure is necessary, regardless of whether the child is a minor or an adult.

A judge presiding over an equitable distribution action does not have authority to distribute an asset that is not owned by one of the parties to the equitable distribution action. When a child holds legal title to an asset that is claimed to be marital property, then the child must be made a party to the equitable distribution action, with their participation limited to the issue of determining ownership of the asset. If the child is not made a party to the legal action, then the trial judge does not have jurisdiction to enter an order affecting title to the asset held in the child’s name, and the asset cannot be distributed in the equitable distribution action.

Equitable Distribution And The Marital Home: Should The Home Be Distributed To One Of The Parties Or Sold?

Sun, 04 Feb 2024 05:00:00 GMT

One of the challenging issues that divorcing couples are likely to face is what to do with their marital home. Often, the equity in the marital home represents one of the largest marital assets. In most situations, there are only two options for dealing with the marital home as part of the division of marital assets and debts: (1) the marital home must be distributed to one of the parties, or (2) it must be sold and the net proceeds distributed in a manner that the parties or the court determines is fair and equitable. Of these two options, distributing the home to one of the parties so that party may reside in the home or sell it independent of the other spouse is generally the simplest option. While it may be necessary to have the home refinanced to remove the other spouse’s name from the mortgage obligation, this may be preferable to putting the parties in a position where they may need to have continued contact to make decisions related to the sale of their marital home. However, it is not always possible or desirable for the marital home to be distributed to one of the parties, particularly in situations where there are not enough marital assets to balance the distribution of the marital estate or neither party can afford to maintain the mortgage. When the parties agree, or the court orders, that the marital home be sold, there are many potential conflicts that can arise that are best addressed from the onset. Some of the issues that should be considered when divorcing couples are selling their home include the following:

Who should reside in the home while it is in the market for sale?
Who should pay the mortgage, taxes, insurance, maintenance, and other expenses while the home is on the market for sale?
What if the party residing in the home attempts to thwart the sale of the home by refusing to maintain the lawn or make the home available for showings?
Who will pay for any extraordinary maintenance, such as replacing an appliance?
How will a realtor be selected?
How will the listing price be set?
How will sales price be determined?
How will the net sales proceeds be distributed between the parties?
Will the party paying the mortgage and other expenses be entitled to receive any credit for paying such expenses before the net sales proceeds are divided between the parties?

Experienced family law attorneys are well aware of the broad spectrum of complex issues that can arise as part of equitable distribution matters. Retaining an experienced family law attorney to represent you in your equitable distribution matter can help you avoid pitfalls and other problems that may lead to further litigation and conflict. We can help you solve problems before they become problems.

Call us today at 919-891-8552 or contact us for a consultation.

Imputing Income For Purposes Of Child Support: When Child Support Is Not Based On Your Actual Income

Sun, 04 Feb 2024 05:00:00 GMT

In North Carolina, child support is generally determined based upon the parties’ actual incomes at the time the child support order is entered. However, there are circumstances when a judge can determine a child support obligation based on a party’s potential income rather than their actual income. If a judge finds that a party is deliberately suppressing his or her income or failing to exercise his or her earning capacity, to avoid or minimize a child support obligation, the judge may impute a higher income to that party that is based on the party’s potential income rather than their actual income. In these circumstances, a judge must find that a party is acting in bad faith and is motivated by a desire to avoid or minimize his or her child support obligation.

When a judge imputes potential income to a party, it must be based on the party’s employment potential and probable earnings, as well as other vocational factors. If the party has no recent work history for comparison, then the child support guidelines provide that the potential income anticipated “should not be less than the minimum hourly wage for a 40 hour work week.”

Establishing that a parent’s earning capacity and income potential is in excess of the minimum hourly wage of a 40 hour work week can be challenging if there is no recent work history. If a party has a college degree, special skills, or other credentials, but is voluntarily unemployed or underemployed, or otherwise failing to maximize his or her earning capacity, your attorney may recommend that you retain the services of a vocational expert. A vocational expert can conduct an assessment of the party’s education, work experience, employment opportunities, and other factors, to determine the party’s income earning potential. The testimony of a credible vocational expert in court or at a deposition can be very effective in establishing a party’s income potential and earning capacity. Presenting reliable evidence of a party’s earning capacity and income potential can be crucial to the outcome of your case if you are asking the judge to determine child support based on a party’s potential income rather than their actual income.

In North Carolina, both parents are presumed to be financially responsible for the support of their child. However, the North Carolina Child Support Guidelines prohibit judges from imputing potential income to a parent who is physically or mentally disabled or who is the primary custodian for a child under three years of age and for whom the support is being determined.

Why Does My Attorney Need So Many Documents From Me?

Sat, 03 Feb 2024 05:00:00 GMT

With the exception of child custody, the issues arising from divorce largely relate to financial matters, including determining child support, postseparation support, alimony, and division of marital property and debts. When some or all of these issues need to be resolved, your attorney will require substantial personal and financial information in order to prepare your case for settlement negotiations, mediation, or trial. Although you may be able to provide some information orally, it is crucial that your attorney have adequate documentation to verify pertinent details of such things as the incomes, expenses, assets,and debts of both you and your spouse. In litigation, the most persuasive evidence is that which is supported by credible documentation or other physical evidence.

When a legal action is pending, attorneys can use a legal process known as “discovery” to formally obtain information and documents from the opposing party. The most common types of discovery used in family related matters are interrogatories (written requests for information), requests for production of documents (requests for a party to produce documents), and request for admissions (requests that a party admit or deny the truth of certain allegations or authenticity of document(s)). The amount and type of discovery that is served in your case will depend on the issues in dispute, and the complexity of those issues, such as whether there are business interests or large real estate holdings that must be valued or disputes regarding separate property.

Usually your attorney will serve discovery on the opposing party and the opposing party’s attorney will serve discovery on you. It is common practice for requests for production of documents to require a party to produce documents that date back one to three years prior to the parties’ separation. Discovery requests in a family law case will typically require the production of such things as, tax returns, wage statements, deeds, mortgages, bank and investment account statements, credit card and loan statements, IRA and retirement plan information, life insurance policies, documents evidencing monthly expenses, appraisals and valuations reports. These records help to ensure that a full financial disclosure has been made and provide a broader view of the parties’ economic condition and personal situation. The details gleaned from these records is important for a number of reasons, whether it is to ensure that all assets and debts have been accounted for, or to help establish the parties’ marital standard of living for purposes of an alimony claim.

When there is no litigation pending, your attorney must rely on you and the opposing attorney (or the opposing party if not represented by an attorney) to voluntarily provide pertinent information and documents.

The documents and information that are produced voluntarily or exchanged through the discovery process provide your attorney with the necessary tools to effectively assess your case and provide you with the best legal advice and representation. You can save valuable time and money by cooperating with your attorney and promptly providing information and documents that are available to you or that you have the means to obtain.

Factors That May Impact Awarding One Parent Primary Child Custody

Sat, 03 Feb 2024 05:00:00 GMT

In years past, North Carolina law contained a “tender years” doctrine that provided that a mother had a superior right to custody of her young children. The tender years doctrine has been abrogated and there is no longer a presumption that one parent should be favored over the other for purposes of determining child custody . When both parents are fit and proper persons to have custody of their child, most judges favor an award of equal or nearly equal child custody. However, there are situations where both parents are fit and proper to have custody of their child, but it is not practical to make an award of equal or nearly equal physical custody. There are numerous reasons why equal or nearly equal child custody may not be possible, but one of the common reasons is that the child is enrolled in school and the parents live too far apart to share custody equally. How then, do the parties agree, or does the court determined, which parent should have primary physical custody of the child?

In determining awards of child custody , a judge is guided by the best interests of the child. Thus, if both parties are equally fit to have custody of the child and both parents are seeking primary physical custody of the child , the law does not specify a single factor that would tip the scales in favor of one parent over the other. However, there are a number of factors that can be presented to the court to illustrate parenting skills or help persuade the judge that one parent is more suitable than the other.

The factors listed below are examples of evidence that may be presented to a court to demonstrate a parent’s parenting skills or reflect their ability to provide for the needs of the child:

The child’s relationship with each parent – whether the child has a stronger bond with one or the other parent;
Each parent’s respective ability to provide the child with a safe, secure, and stable home environment;
The age, health, and lifestyle of each parent;
A parent’s involvement in preparing meals for the child;
A parent’s involvement in taking the child to medical and dental appointments;
A parent’s involvement in attending the child’s school and extracurricular activities;
A parent’s involvement in helping the child with homework;
The extent to which a parent nurtures the child’s interest with family and friends;
The child’s relationship with any stepsiblings or half siblings in either household;
Educational and extracurricular opportunities that either parent may be able to provide to the child.

Trial judges are vested with a great deal of latitude when it comes to making decisions in family law cases. As such, you will benefit from having an experienced and competent lawyer advocating on your behalf and presenting relevant evidence to the court in a persuasive and effective manner. When your child’s future is at stake, you need a knowledgeable lawyer who is committed to effectively presenting your case to the court to ensure you achieve the best possible outcome.

For more information please visit our site or contact attorney Daphne Edwards .

Is Student Loan Debt Considered Marital Debt?

Sat, 03 Feb 2024 05:00:00 GMT

“Marital debt” is debt that is:

incurred by one or both parties during the marriage and prior to the date of separation;
owed on the date of separation; and
incurred for the joint benefit of the parties.

When parties separate and one party owes debt on student loans, it is not unusual for the parties to disagree as to whether the student loan debt is the sole and separate debt of the party who incurred it, or marital debt that is subject to division between the parties as part of the equitable distribution process. Whether student loan debt is classified as marital debt or separate debt will depend on whether the party who incurred the debt can carry his/her burden of proving that the debt was incurred for the joint benefit of the parties. For example, in Warren v. Warren, 773 S.E.2d 135 (N.C. App., 2015), the Court of Appeals affirmed the trial court’s ruling that the plaintiff’s student loan debt was marital debt. In the Warren case, the plaintiff /wife was able to show that some of the funds from her student loans were used to pay the family’s living expenses, and the marriage subsequently benefited from her higher salary.

No one can predict what a judge will do in any specific case. However, this legal precedent suggests that when a party uses student loans to obtain education or training that results in increased employment opportunities and higher income that benefits both parties, there is a strong argument that can be made that the student loan debt should be classified as marital debt. A key consideration is whether the marriage lasted long enough after the student loan debt was incurred for both parties to substantially benefit from the education or higher earnings.

If the student loan debt was incurred by a party prior to the marriage or after the date of separation, then the debt is the separate debt of the party who incurred the indebtedness.

Public School Or Private School: Which Parent Has Authority To Decide?

Sat, 03 Feb 2024 05:00:00 GMT

A new school year will soon begin and some parents will be making decisions regarding which school their child should attend. Where a child attends school is an important decision that can impact the child’s overall development and well-being. Inevitably, parents will have disagreements over where their child should attend school. One parent may want the child enrolled in a small, religious-oriented private school while the other parent wants the child to attend public school. So, which parent has authority to choose where the child attends school?

North Carolina recognizes two forms of child custody : legal custody and physical custody. “Legal custody” refers generally to a parent’s authority to make major decisions on behalf of the child, including those that pertain to a child’s education, healthcare, and religious training. “Physical custody” refers to the actual physical care, custody, and control of a child. By way of example, a court may order, or parents may agree, that both parents should have joint legal custody, and one parent should have primary physical custody with the other parent having secondary physical custody or visitation with the child.

An award of joint legal custody means that both parents share equal responsibility for making major decisions on behalf of the child, including where the child attends school. A parent who has sole legal custody has exclusive authority to make such decisions.

Either parent can initiate legal action requesting that a court with jurisdiction make an initial determination of legal and physical custody of the child. If the parents have an existing court order or child custody agreement that grants the parents joint legal custody, or grants one parent sole legal custody, either parent may file a motion to modify legal custody with the court to change the legal custody.

Courts have long recognized that ongoing disputes between parents can have a damaging effect on the child. As such, when parents have demonstrated an inability to effectively communicate and reach agreements on important decisions affecting the child, a judge may determine that it is in a child’s best interest to provide one parent with unilateral authority to make major decisions on behalf of the child, including those pertaining to the child’s health, education, and religious upbringing. It should be noted, however, that child support may need to be reviewed if payment of private school tuition is also at issue.

If you are experiencing ongoing conflicts regarding child custody or child related matters, you may benefit from having a consultation with an experienced family law attorney. Daphne Edwards represents clients in a wide array of family related legal matters, including child custody and child support. She can advise you of legal options that may be available and make recommendations based on your specific circumstances.

How Long Am I Entitled To Receive Alimony?

Fri, 02 Feb 2024 05:00:00 GMT

Some people mistakenly believe that there is a formula that judges apply to determine how long a dependent spouse is entitled to receive alimony. Occasionally, clients report that they have heard that judges award alimony for a period of time that correlates to a number of years of the marriage. One belief is that judges award alimony for a period of time that is equal to one-half the number of the years of the marriage. For example, under this supposition, if the parties were married for 16 years, then the dependent spouse would be entitled to receive alimony for a period of eight years. While this may occur, because there is no formula for alimony and the amount and duration of alimony is based on a non-exhaustive list of sixteen factors and any other relevant factor, it is very difficult to predict the amount of alimony and duration a court may award. The amount, manner of payment, and duration of alimony are completely within a judge’s sound discretion and are determined on a case-by-case basis. Thus, there is no way to reliably predict how long a judge may award alimony to a dependent spouse.

Trends in alimony awards have changed considerably over recent decades as more women have joined the workforce, earned college degrees, and developed skills that have advanced their ability to be self-supporting. Courts often want to hear if the dependent spouse is seeking employment even though she or he may be seeking alimony.

Some factors that may support a longer-term alimony award include the following:

The physical and mental health of the dependent spouse. A dependent spouse who has significant health problems or who is disabled may be in need of a longer-term alimony award.
The age of the dependent spouse. Employment opportunities may be limited for an older spouse or they may have more difficulty acquiring new job skills.
Marital misconduct on the part of the supporting spouse.
A significant disparity between the income and income earning ability of the parties.

Regardless of whether you are awarded alimony, any alimony awarded s subject to termination upon the first of the following to occur: (1) the death of either spouse; (2) the remarriage of the dependent spouse; or (3) the dependent spouse’s cohabitation.

Didn’T Sign A Prenup? A Postnuptial Agreement Might Be Right For You.

Thu, 01 Feb 2024 05:00:00 GMT

A prenuptial agreement (also known as a premarital agreement) is an agreement entered into between two parties who are planning to be married. In order to be legal and binding, a prenuptial agreement must be entered into and signed by both parties before the marriage. However, parties who are already married can take advantage of some of the benefits of a prenuptial agreement by entering into an agreement known as a “postnuptial agreement.”

A postnuptial agreement allows spouses to enter into a legally binding contract in which they define their respective property rights in the event of death or divorce. The agreement may be comprehensive and specify how the parties’ assets and debts will be distributed upon death or divorce, or it may only address certain assets or debts, such as specifying that a spouse’s business will be and remain that spouse’s separate property. A postnuptial agreement is sometimes entered into in conjunction with a will or other estate planning.

Some reasons that parties may decide to enter into a postnuptial agreement include the following:

the parties intended to enter into a prenuptial agreement, but did not do so;
to ensure that a spouse’s separate property is passed to that spouse’s child or children upon death, rather than being inherited by the other spouse and potentially passed on to stepchildren or in-laws;
to protect a spouse’s inheritance from any claims by the other spouse;
to ensure that a spouse’s business or business interest is or remains that spouse’s separate property;
and to provide a spouse who has lower income or fewer assets with financial security or economic parity.

A primary distinction between a postnuptial agreement and a separation agreement is that the parties to the postnuptial agreement are not entering into the agreement with the intent to separate or divorce. Additionally, a postnuptial agreement cannot waive rights to postseparation support or alimony in the event of separation or divorce. However, a postnuptial agreement can address distribution and ownership of both separate property and marital property which may affect the property that you are entitled to receive if you and your spouse subsequently separate or divorce, or in the event of the death of your spouse.

It is highly recommended that both parties to a postnuptial agreement be represented by separate and independent legal counsel throughout the negotiation and preparation of the agreement to ensure that the agreement is fair and reasonable and that both parties fully understand the terms and legal implications. This can also help to ensure that the agreement complies with applicable laws and is determined to be valid and enforceable in the event it is subsequently challenged by one of the parties.

Daphne Edwards is an experienced family law attorney. Ms. Edwards limits her practice to the areas of family law and appeals. She provides skilled and focused representation in a wide array of family related legal matters, including consultation, negotiation, and preparation of prenuptial agreements, postnuptial agreements, and separation agreements. She can help you decide if a postnuptial agreement is right for you based on your unique circumstances.

Modification Of Child Custody

Thu, 01 Feb 2024 05:00:00 GMT

When a parent desires to legally change the custody or visitation arrangements of his/her child (or children), there are generally two options. One, the parents may enter into a written agreement whereby both parents are agreeing to a change in the child’s living arrangements or visitation schedule. Two, the parent seeking to modify or change the child’s custodial arrangements may initiate legal proceedings bringing the matter before the court for determination. Regardless of whether the parties have a child custody agreement or there is an existing court order establishing custodial rights, child custody may always be modified by a court having jurisdiction over the child.

Relocation, change of employment, remarriage, a desire to spend more time with the child, and parental conflicts are a few of the common reasons that a parent may seek to modify child custody. However, in order to persuade a judge to modify a permanent custody order, the parent seeking to modify the child’s custodial arrangements must show that a substantial change of circumstances has occurred affecting the welfare of the child since the entry of the most recent court order, and that a change in custody is in the best interests of the child. In other words, if a parent contends that his/her change of employment is a basis to modify custody, that parent would need to establish how the change of employment directly affects the minor child. For example, a parent’s change of employment may mean that that parent no longer has to travel extensively or work a late shift and the parent has the desire and ability to spend more time with the child.

If a party initiates legal proceedings, prior to a judge hearing the matter of child custody, the parties will have an opportunity to participate in free mandatory mediation so that they may attempt to resolve the matter between themselves. If the parties are unable to reach an agreement at mediation, the matter will proceed to court for hearing before a judge. When making a decision in a child custody matter, the judge will be guided by the paramount standard of what is in the best interests of the child.

Trial judges have considerable discretion in making decisions in child custody and other family related matters. This wide discretion underscores the importance of having an experienced and competent family law attorney representing you and advocating on your behalf. Daphne Edwards and her Family Law Team focus exclusively on family related legal matters, as well as appeals. We are a boutique family law and criminal defense firm that is highly qualified and dedicated to giving your matter the individual and personal attention we believe all clients deserve.

Can I Force My Spouse To Move Out Of The Marital Home?

Tue, 30 Jan 2024 05:00:00 GMT

The easiest way to facilitate a marital separation is for one spouse to move out of the marital home. But, what happens if neither spouse is willing to move out? Can one spouse force the other spouse to vacate the marital home?

In North Carolina, there are limited options to force a marital separation. One option is for a spouse to file a legal action seeking a “divorce from bed and board.” A divorce from bed and board is not really a divorce , but rather a legally authorized separation in which a judge has authority to require one of the spouses to vacate the marital home. The spouses remain legally married so neither spouse can remarry without obtaining a judgment of absolute divorce.

A divorce from bed and board may be granted to an “injured” spouse if a judge finds that the other spouse committed any of the following acts of marital misconduct:

abandonment;
maliciously turning the other out-of- doors;
cruel or barbarous treatment endangering the life of the other;
indignities that render the other spouse’s condition intolerable and life burdensome;
excessive use of alcohol or drugs that render the other spouse’s condition intolerable and life burdensome; or
adultery.

In order to prevail on a claim for divorce from bed and board, the injured spouse must prove that he/she did not provoke the misconduct of the other spouse.

When acts of domestic violence occur between the spouses, an abused spouse may file a legal action seeking a domestic violence protective order. In these matters, a judge may enter a protective order that grants the abused spouse exclusive possession of the marital home and requires the offending spouse to vacate the home.

Separating from your spouse may affect finances and property rights and can have other legal implications. If you are considering separating from your spouse, you will benefit from having a consultation with an experienced family law attorney.

Why You Should Consult With An Attorney Before You Sign A Separation Agreement.

Mon, 29 Jan 2024 05:00:00 GMT

There are many websites that offer online forms designed to enable spouses to prepare a separation agreement without the assistance of an attorney. However, signing a separation agreement without first reviewing and discussing it with an experienced family law attorney can leave you exposed to unintended financial and legal consequences.

Reviewing and discussing your separation agreement with a family law attorney is especially important if (1) you or your spouse prepared the separation agreement using a form obtained online; or (2) your spouse hired an attorney to prepare the agreement. Forms that are available online may not conform to North Carolina law or may contain provisions that are inconsistent with your intentions. Another concern is that you and your spouse may add provisions to the agreement that are unenforceable, such as agreeing that child support will not be changed or modified. Additionally, in North Carolina, an attorney cannot represent both spouses in the preparation of a separation agreement or other divorce related matters because the spouses have competing legal interests. Therefore, if your spouse retained an attorney to prepare a separation agreement, then that attorney can only give legal advice to your spouse regarding the terms and implications of the agreement.

Hiring your own attorney to review, negotiate or prepare your separation agreement can ensure, among other things, that the agreement:

is fair and reasonable;
protects your rights and interests;
accurately sets forth your intentions;
complies with applicable laws; and
is properly signed and acknowledged.

Perhaps most importantly, an attorney can give you counsel that helps you make informed decisions and ensure that you understand the full legal effect of the terms and conditions of the agreement. Your attorney can advise you regarding the legal consequences and financial considerations of possible settlement options, such as tax implications associated with paying or receiving alimony, advantages and disadvantages of having the marital home distributed to you or your spouse or put on the market for sale, and whether your separation agreement should be merged into your divorce judgment.

A separation agreement may deal with long-term and future issues, such as payment of alimony or releasing or assigning pension or retirement benefits that may not be payable until the future. Therefore, it is imperative that the provisions be carefully considered and fully understood before the agreement is signed. Having an experienced family law attorney representing you in the negotiation and preparation of your separation agreement can help you avoid the feeling of “buyer’s remorse” that comes with wondering whether you settled for too little or paid too much.

Identifying And Avoiding Parental Alienation

Sun, 28 Jan 2024 05:00:00 GMT

Every seasoned district court judge and child custody lawyer has seen cases where a parent, during a custody case, attempts to alienate his son’s or her daughter’s love and affection for the other parent in order to win the custody case. A parent’s attempt to brainwash, manipulate, or control a child to diminish or destroy the child’s love and affection for the other parent is generally known as referred to as parental alienation.

Parental alienation often arises within the context of divorce or child custody disputes, and may be motivated by a parent seeking a better custodial schedule, or by a parent’s jealousy or desire to punish the targeted parent or appear superior in the custody proceedings.

Examples of parental alienation include the following conduct:

Disparaging the other parent in front of the child
Telling the child the divorce is the other parent’s fault
Telling the child that the other parent does not want him or her
Making the child feel or believe he or she must pick one parent over the other
Making the child feel guilty for wanting to spend time with the other parent;
Taking actions to limit or discourage contact between the child and the other parent;
Withholding gifts, emails, or text messages for the child sent by the other parent;
Allowing or encouraging others to make negative comments about the other parent in the presence of the child
Leading the child to believe the other parent doesn’t really love him or her or loves other (children) more;
Leading the child to believe that the alienating parent has been hurt, wronged or victimized by the other parent and needs the child’s protection; and
Encouraging or rewarding the child for demeaning or denigrating the other parent.

When a parent engages in parental alienation, not only can it undermine the other parent’s relationship with the child, but it can have a devastating and long-term emotional impact on both the child and the other parent. It may take years of dedication and hard work for the maligned parent to overcome the damage, bridge the emotional divide, and reestablish a relationship with the child who has been alienated. Some parents in such situations enduring such abuse from the other parent give up on a relationship with his or her child, while others struggle relentlessly to salvage the parent-child relationship.

Judges understand that, in the absence of extenuating circumstances, such as abuse, neglect, or endangerment, children benefit from having regular contact and maintaining loving relationships with both parents. If you have reason to believe that you are the target of parental alienation, you will benefit from having a consultation with an experienced family law attorney. There are certain legal remedies that are available to a targeted parent, such as seeking a change or modification of child custody or visitation. In the alternative, a targeted parent can request that the court place restrictions on specific behaviors of the alienating parent that may be detrimental to the targeted parent’s relationship with the child.

What You Can Do If Your Ex Isn’t Paying Child Support

Mon, 24 Jul 2023 04:00:00 GMT

Dealing with an ex who isn’t fulfilling their child support obligations can be a challenging and frustrating situation. As a parent, it’s essential to know your rights and take appropriate steps to ensure your child receives the financial support they deserve. In this blog post, we will provide you with practical tips and resources to address this issue effectively.

1. Understanding Your Legal Rights:

Before taking any action, it’s crucial to familiarize yourself with your legal rights regarding child support. Research your state’s laws regarding child support enforcement and consult with a family law attorney to gain a clear understanding of your options.

2. Communicate with Your Ex:

In some cases, a simple conversation with your ex-spouse can resolve the issue. Calmly discuss the situation, emphasizing the importance of fulfilling their financial responsibilities towards your child. If necessary, provide them with a breakdown of expenses to highlight the child’s needs.

3. Document and Keep Records:

Maintaining thorough documentation is crucial when dealing with non-payment of child support. Keep a record of all payments received, missed payments, and any communication related to child support. This documentation will serve as evidence in legal proceedings if required.

4. Seek Legal Assistance:

If informal communication fails to resolve the issue, it may be necessary to involve legal professionals. Consult with an experienced family law attorney who specializes in child support cases. They can guide you through the legal process, file necessary paperwork, and represent your interests in court.

5. Enforce Child Support Orders:

If your ex continues to neglect their child support obligations, you have legal options to enforce the court-ordered payments. Some common methods include wage garnishment, intercepting tax refunds, suspending driver’s licenses, or placing liens on property. Your attorney can help you determine the most suitable enforcement method for your situation.

Dealing with an ex who isn’t paying child support can be emotionally and financially draining. However, by understanding your legal rights, maintaining effective communication, documenting everything, seeking legal assistance, and enforcing child support orders, you can take proactive steps to protect your child’s financial well-being.

Remember, every case is unique, and seeking professional advice tailored to your situation is crucial. At Daphne Edwards Divorce & Family Law we specialize in child support cases and have extensive experience in helping parents navigate the complexities of family law.

Tax Implications of Divorce in North Carolina

Mon, 24 Jul 2023 04:00:00 GMT

Divorce is an emotionally challenging and legally complex process that impacts various aspects of life, including finances. In North Carolina, just like in any other state, couples seeking divorce must navigate the maze of tax implications that arise during and after the dissolution of their marriage. Understanding these tax consequences is crucial to making informed decisions during settlement negotiations and ensuring financial stability in the post-divorce phase. In this blog, we will delve into some key tax implications of divorce in North Carolina and offer insights on how to handle them wisely.

Filing Status

One of the most immediate tax changes after divorce is the shift in filing status. In North Carolina, your marital status on December 31st of the tax year determines your filing status for that year. If your divorce is finalized before that date, you will file as a single individual or head of household if you have custody of a qualifying child. It’s vital to notify the IRS and adjust your tax withholdings accordingly to avoid over or underpayment of taxes.

Alimony and Spousal Support

Alimony or spousal support, which may be awarded during divorce proceedings, can have significant tax implications. For divorces finalized before January 1, 2019, alimony payments were tax-deductible for the paying spouse and taxable income for the recipient. However, under the Tax Cuts and Jobs Act (TCJA), for divorces finalized on or after January 1, 2019, alimony is no longer tax-deductible, and recipients do not need to report it as taxable income. If your divorce was finalized before 2019, the old rules still apply. It’s essential to be aware of the specific rules and ensure that the divorce agreement accurately reflects the tax treatment of alimony.

Property Division

North Carolina follows equitable distribution laws, which means that marital property is divided fairly but not necessarily equally. During the division of assets, it’s crucial to consider the potential tax consequences of each asset. Certain assets may have built-in gains or losses that could lead to tax liabilities upon sale. Consulting a financial expert and collaborating with a knowledgeable attorney can help ensure a tax-efficient property division strategy.

Child Support and Dependency Exemptions

Child support payments are not tax-deductible for the paying parent and are not considered taxable income for the recipient. On the other hand, the issue of claiming dependency exemptions for children can be complex. Typically, the custodial parent has the right to claim the child as a dependent for tax purposes. However, parents can agree to alternate claiming the dependency exemption, and the noncustodial parent may claim it if certain conditions are met. This issue should be clearly addressed in the divorce agreement to avoid disputes in the future.

Retirement Accounts and QDROs

When dividing retirement accounts, such as 401(k)s and IRAs, a Qualified Domestic Relations Order (QDRO) may be necessary to ensure that the division is tax-free. Without a QDRO, early withdrawals from retirement accounts to satisfy a property division could incur taxes and penalties. Working with a qualified financial advisor and attorney is vital to ensure the proper handling of retirement accounts during divorce proceedings.

Navigating the tax implications of divorce in North Carolina requires a comprehensive understanding of the intricacies involved. At Daphne Edwards Divorce & Family Law, we recognize the importance of providing our clients with the knowledge and resources they need to make informed decisions during this challenging time. Our experienced team is dedicated to guiding you through the complexities of divorce, including the tax implications, ensuring that your financial well-being is protected.

If you require professional assistance in managing the tax implications of your divorce, contact Daphne Edwards Divorce & Family Law today. Our team of experienced attorneys is here to provide you with the support and expertise you need to navigate the complexities of divorce and protect your financial future.

Daphne Edwards Recognized by NC Super Lawyers 2022

Mon, 17 Jan 2022 05:00:00 GMT

We are excited to share that Daphne has been included in North Carolina Super Lawyers and that Ashley Fillippeli has been included in North Carolina Super Lawyers Rising Stars lists for 2022. Daphne and Ashley have been listed in their separate categories for five consecutive years. Super Lawyers comprises this list of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Rising Stars is a special category of high achieving young lawyers who have been in practice for less than 10 years. Only 5% of lawyers are included in Super Lawyers. Only 2.5% of young lawyers are included in Rising Stars.

Daphne is an AV Preeminent Peer Rated Lawyer at Martindale Hubbell, and is commonly included in the Business North Carolina Legal Elite. Daphne’s history includes vast experience in both state and federal courts through clerkships at the North Carolina Supreme Court and the U.S. Circuit Court of Appeals for the 9th Circuit. She is a Certified Family Financial Mediator by the North Carolina Dispute Resolution Commission.

Ashley is a 2013 graduate of the Norman Adrian Wiggins School of Law at Campbell University, cum laude. Ashley was first included in North Carolina Super Lawyers Rising Stars after just 5 years of practice. She has focused on family law for her entire career.

Daphne and her associates focus their practices exclusively in the area of family law. They are extensively experienced in the most complex matters families face. For more information about Daphne’s practice, visit her website.

Am I Required To Have A Legal Document Establishing Custody Of My Child?

Tue, 21 Dec 2021 05:00:00 GMT

In North Carolina, you are not required to have a legal document to establish custody , but it is highly advisable for parties who are separating to address custody in a Separation Agreement or a Custody Order entered by the Court Good boundaries make good neighbors and it is helpful for all parties to determine those boundaries before conflicts erupt. Disputes arising between parents over custody or visitation are common. Having an enforceable document that outlines the terms and conditions surrounding custody can go a long way toward reducing conflict and stress for the parents and for the kids.

What happens if you have a verbal agreement?

A verbal agreement between parents is not enforceable and does not address the particular details which arise when parents are splitting and will now have two households between which the children split their time. Establishing a custodial schedule takes time and forethought. It requires the parents to think about specific details relating to each child, such as where each child attends school and extracurricular activities for each child. In a Custody Order or Separation Agreement, the parties can address legal custody and physical custody. Legal custody refers to the right to make major decisions affecting the welfare of the child, such as medical care, religious upbringing, mental health care, and education. Physical custody refers to where the child is physically located. Parties can have joint, shared 50/50 physical custody of the minor children or one parent can have primary physical custody and the other parent secondary physical custody. A party has primary physical custody if that party has more custodial time with the minor children. . Without a Custody Order or Separation Agreement detailing a physical custodial schedule and legal custody, it is difficult to resolve conflicts which arise.

A legal custody document will help establish consistency and parameters for decision-making, such as creating fair shares of physical time with your child or preventing the other parent from acting in a manner of which you do not approve. Without clear parameters in writing, you may be subjected to the other parent making critical, long-lasting decisions that affect your child without your input.

Resolving Custody Issues without a Legal Custody Document

While informal understandings may work temporarily, there may come a time when disagreements occur over serious issues. . It is important to understand that informal agreements are not enforceable; a Court cannot find a party in contempt for failing to comply with an informal understanding. . This is why it is so important to speak to a family law attorney who can assist you in drafting a Custody Order or Separation Agreement which protects you and your children.

Issues surrounding custody can be highly contentious. It is understandable that a parent may not want to upset the natural balance of peace maintained with the other parent by seeking a court order. However, a legal document memorializing custody agreements offers the best protection a parent can have and reduce future complications. . If you are in need of a legal document establishing your custody rights, call Daphne Edwards at 919-891-8552 .

Domestic Violence And Your Digital Safety

Tue, 14 Dec 2021 05:00:00 GMT

Do you ever have the feeling that someone is watching or listening to you? If so, you may be a victim of digital abuse. Digital abuse is the use of technology to monitor, threaten, stalk, harass, or spy on someone virtually and it is quickly becoming the most prevalent form of domestic violence. Often victims of digital abuse are unaware that they are being abused because this abuse occurs through the use of technology. Digital abuse encompasses any use of technology that allows an abuser to interfere with someone’s privacy, from sending harassing messages or making calls, audio or video recordings, or controlling or monitoring your social media to threaten, stalk and instill fear in their victims.

Do You Have Spyware on Your Cell Phone?

One of the most common types of digital abuse is installing spyware on a cell phone. Spyware allows a person to gain access to a device to monitor and track the movements of their victim remotely. We use our cell phones for everything from making calls and sending emails and text messages to accessing social media and financial accounts. Spyware enables your abuser to track this data and send it to your abuser. Once installed, spyware can operate virtually undetectable and can be extremely difficult to remove. If you believe you may have spyware on your phone there are signs you can look for to indicate its presence, including unusually high data usage, activity in standby mode, restarting on its own, weird sounds during calls, unusual text messages, rapidly declining battery, or a hot battery for no apparent reason. If your phone has exhibited any of these signs, it could be due to spyware and you should take the steps below to immediately remove it.

Other Tools of Digital Abuse

While spyware is the most well-known form of digital abuse, it is often forgotten that abusers can also now gain access to your data through smart devices in your home. Such smart devices in your home include thermostats, lighting, door locks, doorbells, televisions, speakers, and even your home security system and cameras. Once an abuser has access to these things they can make changes to them. You may experience unexplained events, such as a door lock being changed, the temperature being changed or lighting being turned off/on unexpectedly. This can make a victim feel as if she is going crazy and has no control. Sadly, it can also lead a victim being “gaslighted” by her abuser and having a greater sense of helplessness, thinking no one will believe this crazy-making is being intentionally caused by the abuser.

Steps to Take if You Are Being Abused

Discovering that you are being digitally abused can be immensely frightening. If you have concerns about your safety or the safety of your children please seek help immediately. There are national hotlines and other community organizations that can assist you in making a safety plan such as the National Domestic Violence Hotline (800-799-SAFE).

No one should live in fear of being controlled or monitored. Everyone has the right to feel safe at all times, especially in the privacy of your home. If you believe that you are the victim of digital abuse you need to take action to protect yourself and safely elude your abuser’s control immediately. If you are not in immediate danger, steps that you can take to safeguard yourself and your children at the end of your relationship include:

Daphne Edwards understands that domestic violence comes in many forms and is in no way limited to physical assaults and that abuse in all forms is emotionally and mentally devastating. Daphne and her team are committed to aggressively advocating for your safety. If you are the victim of any abuse from your partner contact Daphne Edwards at 919-838-7160

Know your technology. Visit websites that detail how to find and remove spyware from your apple or android devices or contact a local IT professional for assistance to remove the spyware.
Do a home walkthrough to make a list of all the connected devices in your home and all your accounts online, change the usernames and passwords for everything, and add two-factor authentication (2FA) when available. You can also use a password manager to create and store strong passwords for you. Most importantly, don’t forget to change your network and wifi passwords.
Make sure all your devices have the latest updates installed.Update your privacy settings on your cell phone and your social media accounts.Revoke access to any unknown parties or devices on your accounts.Disable your location tracking services such as GPS on your devices. This includes location sharing apps and deleting messages where you may have previously granted access to someone. If you have questions about this on your cell phone contact your service provider for assistance.
Turn off all cameras and microphones on your devices.
If necessary, reset your devices to their factory settings.
File a police report if necessary.
Contact an experienced family law attorney.

Equitable Distribution: Are You Entitled To More Than 50%?

Fri, 20 Aug 2021 04:00:00 GMT

In North Carolina, couples who are separating may apply to our courts to divide their marital assets and debts. The court is required to distribute or divide the property in an equitable, or fair, manner, generally giving each spouse some of the marital property. This process is called “equitable distribution.” The overarching goal of equitable distribution , or the process of dividing marital assets between the spouses, is to make it fair to each party. Under North Carolina law, what is “equitable” or fair, is presumed to be an “equal” division between the spouses. Our statutes provide that there “shall” be an “equal” division of the net marital estate unless the court determines that an equal, 50/50 division “is not equitable.” While it can sound like the court is chasing its tail, the idea is that the court wants the division of assets to be fair, will assume a 50/50 division is fair and divide the marital assets in that manner, unless a party informs the court that a 50/50 division is in fact not fair. To equitably distribute the property, it is necessary for the court to identify the marital property and value it. Marital property is property that is acquired from the date of marriage to the date of separation. Once the court determines or classifies the property as marital, it then values it. If one party asserts that an equal division is not fair and equitable, the court then turns to a list of twelve factors it may consider to determine what a “fair” and “equitable” distribution would be. The court has discretion to award an unequal distribution of the marital property and can do so based solely on one of the twelve factors.

Factors for an Unequal Division The party seeking a greater than equal share of the marital assets bears the burden of proving that an unequal division would be equitable with respect to the twelve factors listed under N.C. Gen. Stat. § 50-20(c). The twelve factors the court considers are”

1. The income, property, and liabilities of each party at date of separation;2. Any support obligation arising from the marriage;3. The duration of the marriage, and age and health of the parties;4. The need of a custodial parent to retain the home;5. The parties’ retirement assets which are separate;6. Any contributions made to acquiring property;7. Any contribution made by one spouse to the career of the other;8. Any contribution to increase the value of separate property;9. The liquid or nonliquid nature of the property;10. The difficulty in assessing value of any property, such as a business;11. The tax consequences; and12. Any other factor the court finds just and proper.

What About Marital Misconduct? The only marital misconduct considered by a court in dividing marital assets is financial misconduct, such as reckless spending of marital assets. Actions such as adultery or domestic violence are not considered in equitable distribution unless they have a financial component such as spending funds on a paramour.

Why Do You Need an Attorney in an Equitable Distribution Case Judges are provided with wide discretion for how much weight to give each factor presented to them when they are making a final determination for property distribution. Even with supporting evidence as to why an award greater than 50% of the marital estate to you is fair, it still may not be enough to persuade a judge to grant your request. Retaining an experienced family law attorney to represent you in your equitable distribution matter is important. Daphne Edwards and her team can help ensure that you receive a fair and equitable share of your marital property whether that is equal or not. If you have questions or concerns about equitable distribution call our office for a consultation at 919-891-8552 .This article is for information purposes only and is not to be considered or substituted as legal advice. The information in this article is based on North Carolina state laws in effect at the time of posting.

Donor Agreements

Thu, 06 May 2021 04:00:00 GMT

Any individual or couple seeking to expand their family through an egg, embryo, or sperm donation should have a valid Donor Agreement in place. A Donor Agreement is a written contract clearly defining the rights and responsibilities of both the donor and the intended recipient(s), during all stages of conception. Without having a valid Donor Agreement, issues such as custody claims and financial obligations may arise.

The types of donations are sperm, egg or ova, and embryo donation. Depending on the type of donation, the agreement may be called a sperm donation agreement, an egg or ova donation agreement, or an embryo donation agreement. Regardless of which type of donation you require, it is always recommended that you seek advice from an experienced attorney before any donation is made to ensure you fully understand your rights and obligations and that of the donor.

Do Donors Have Rights to the Child?

Generally anonymous and discoverable donors do not have any parental rights or responsibilities for the child as part of the terms of their donation to a genetic material bank. Known donors can sometimes present legal complications associated with their parental rights and responsibilities if they are not addressed in a donor agreement because the donation is direct to the intended parent(s) rather than to a genetic material bank. For this reason, we recommend these issues be resolved in a written donor agreement drafted by an attorney experienced in surrogacy, donation of genetic material, and assisted reproduction before any genetic donation is made.

What Do Donor Agreements Include?

Since every situation is different, Donor Agreements can be tailored to each individual situation. Our attorneys work closely with you to identify your goals and ensure that your wishes are clearly stated in the agreement. Generally, the issues that agreements address can include:

The adoption of the child, if necessary.

The attorneys at Daphne Edwards Divorce & Family Law firm understand the excitement and joy planning for and creating a family can bring. We are thoroughly prepared to guide intended parents and donors through the entire process. We provide comprehensive legal advice to ensure our clients are able to make informed decisions about using donated genetic material. If you have questions about a Donor Agreement, or any issue surrounding Assisted Reproduction Technology, surrogacy, egg or ova donation, sperm donation, or embryo donation, call our team at 919-891-8552 .

Confidentiality.
Legal representation of the parties.
Rights of the recipients.
Parental termination rights and liabilities for the child as well as the child’s inability to inherit from the donor’s estate.
Any and all medical testing that the donor should complete, such as HIV testing or other medical conditions, including genetic and chromosomal conditions.
Disclosure of any and all known medical and/or hereditary conditions by the donor.
The number and frequency of donations to be made and disposal of unused donations.
The amount and terms of any compensation to be paid to the donor if any.
The assumption of any medical risks.
Any additional financial arrangements between the parties, and details of what expenses are to be paid by whom.
Any contact with the donor and the child in the future.
Any agreement for the donor to refrain from certain activities in a specified time period prior to donation, such as risky sexual behavior or intravenous drug use.

Surrogacy

Wed, 10 Mar 2021 05:00:00 GMT

Surrogacy is an option for building a family for those who are unable or do not wish to conceive on their own. Because surrogacy can be complicated, for all parties involved, it is advisable to determine rights and obligations early in the process to address the complexities and nuances.

What is Surrogacy?

Surrogacy is a popular choice among many different types of couples because it allows intended parents to have a child who is genetically related to them. This can be as simple as choosing a surrogate from which to adopt a child or as complex as creating a genetic link through the use of genetic material donated to use in the creation of the child. Surrogacy is where the surrogate (third party) carries an embryo using her ova and genetic material from the intended father or third party for the sole purpose of helping the intended parents build their family. Gestational surrogacy is where the gestational carrier is implanted with an embryo created from the genetic material of the intended parents, donors. The gestational carrier does not contribute any of her genetic material to the embryo.

Having a well-drafted agreement to address the rights of the intended parents is important. An experienced attorney can assist you in both the negotiation and preparation of a valid surrogacy agreement to ensure all rights are protected. Surrogacy agreements should detail all issues involved with the surrogacy process including, but not limited to:

compensation, if any, to the surrogate/gestational carrier;
medical care at all stages, including before, during, and after the birth of the child; and
restricted activities and behaviors as well as any other issues that can arise through fertility and pregnancy.

What about the Birth of the Child?

In addition to the surrogacy agreement, it is also necessary to have an attorney obtain a pre-birth order to legally establish your parental rights before the birth of the child. The pre-birth order establishes the intended parents as the true parents of the child even though they are not giving birth to the child, allowing them to make decisions at the hospital, both during and following the birth of the child, and to be listed on the child’s birth certificate as the parents.

Do I have to pay a Surrogate?

Because North Carolina currently has no laws on surrogacy it is not required that you compensate a surrogate or gestational carrier. However, the intended parents and the surrogate or gestational carrier may agree to compensation. Compensation is usually considered to be any payments made in addition to medical expenses. Compensation should be addressed in a surrogacy agreement prepared by an experienced attorney.

Does it matter that the Intended parents are LGBT or unmarried?

LGBT couples may want to consider surrogacy or gestational surrogacy if they are unable to have a child that is genetically related to them. LGBT families have the same and equal rights as other couples. However, it is critical that LGBT couples, as well as other unmarried couples, work with a knowledgeable and experienced attorney to ensure that their parental rights are correctly established since one or both parents may not be genetically related to the child.

Using surrogacy to bring a child into your family is a life-changing process that can be filled with stress and anxiety. If you are considering surrogacy, the family lawyers at Daphne Edwards Divorce & Family Law Firm are able to guide intended parents, donors, surrogates, and gestational carriers through the entire process. We understand the legal challenges and questions that can arise and can help ensure that your rights are protected through the use of properly drafted agreements that can help you avoid costly mistakes and undue hardship. If you have questions about surrogacy and need a compassionate attorney to assist you, schedule a consultation today. Call Daphne Edwards Family Law at 919-891-8552 .

Complex Divorce

Tue, 09 Feb 2021 05:00:00 GMT

No divorce is easy. Though some divorce cases can be relatively simple to navigate from a lawyer’s perspective, each case presents its own unique obstacles, some of which are both challenging and complex. Experienced divorce lawyers know that complex cases can be contentious because the issues in question carry greater consequences to the parties involved.

Complex issues can arise at any juncture of a family law matter. Whether the complexity relates to marital property, financial support, or custody, a dispute over these complex issues can spill over into every other area of your divorce when not properly managed. Dealing with complex divorce matters requires the knowledge and experience of family law attorneys sophisticated in navigating the intricacies involved with high-tension litigation.

The most common complex issues include, but are not limited to:

Disputes over separate property;
Commingled property disputes (i.e., if separate property and marital property are mixed);
Valuation of real estate and other investments;
Valuation of professional practices;
Valuation of closely-held businesses and other partnerships;
Foreign investments;
High income of one or both parties;
Alcohol or substance abuse by one or both parties; and
Special medical or developmental needs of a child.

A skilled divorce attorney understands that complex issues also require the assistance of a network of trusted professionals to uncover and interpret complex financial issues that are presented. Experts are used to value assets, and/or determine a reasonable income amount. These skilled experts can include forensic accountants, appraisers, vocational experts, medical experts, and business valuation experts. Complex cases may take longer to resolve due to the substantial assets that must be identified, and financial documents to be analyzed. Once an expert has completed their investigation, a report of their findings will often be issued detailing their analysis to support the testimony they will provide. These experts can be critical in a complex case to help a judge understand the issue and make the best decision possible.

Because of this, it is necessary that you have a team of dedicated professionals representing your interests, coordinated and lead by an experienced divorce attorney. We understand both the legal and financial complexities that may arise in a family law case and possess the experience necessary to comprehensively protect your interests through intense situations.

Daphne Edwards and her family law team can help you navigate all your family law issues, including complex divorce matters. The firm is committed to providing excellent service to its clients. Call 919-891-8552 for your consultation.

Daphne Edwards Recognized By NC Super Lawyers In 2021

Tue, 09 Feb 2021 05:00:00 GMT

The Daphne Edwards Divorce & Family Law Firm in Raleigh is excited to announce that Daphne has been included in North Carolina Super Lawyers for the fourth consecutive year. Super Lawyers comprises this list of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

Daphne focuses her practice exclusively in the area of family law. Her history includes clerkships at the North Carolina Supreme Court and the U.S. Circuit Court of Appeals for the 9th Circuit. Daphne is a Board Certified Family Financial Mediator by the North Carolina Dispute Resolution Commission as a Family Financial Mediator.

Grandparents Custody And Visitation

Mon, 21 Dec 2020 05:00:00 GMT

Grandparents’ visitation and custody rights are one of the largest areas which is growing and changing in North Carolina and across the country. We view it as a positive, progressive step to have laws which protect grandparents’ visitation rights. A grandparent can be a lifeline for a child; another vital pillar of support. In North Carolina, a grandparent may seek an award of visitation of a grandchild if there is an ongoing custody matter between the parents of the child and there is a substantial relationship between the grandparent and the grandchild. More specifically, grandparents may commonly intervene in the following scenarios:

1. Grandparents May Intervene in a Pending Custody Action

Grandparents may seek an order of visitation when parents are divorcing or involved in custody litigation. The General Statutes of North Carolina allow grandparents to intervene in custody matters as third parties to request visitation with the grandchild upon a showing of “substantial relationship” with the grandchild or grandchildren. The grandparent and his or her attorney must file a motion to intervene and a pleading setting forth the claim or defense for which intervention is sought, meaning that the grandparent has to also file a motion for visitation.

2. Grandparents May Seek a Modification of a Court’s Order of Custody

If a court has entered a custody order, and the grandparent is a party to the action in that the grandparent intervened in the original custody action, the grandparent can seek a modification of custody and visitation by filing a motion to modify custody and visitation. To prevail, the grandparent must show that there has been a substantial change of circumstances which have occurred since the entry of the last custody/visitation order which has negatively or positively affected the welfare of the grandchild or grandchildren. Next, in order to be awarded the change requested by the grandparent, the grandparent must show that such change is in the best interest of the grandchild. For example, a grandparent might seek greater visitation rights and tell the court that it is in the best interest of the child because the parent is unavailable.

3. Custody of Grandchildren

It is not uncommon that grandparents find themselves in situations where they have taken on parental responsibilities for their grandchildren when parents are unfit or unable to provide care. When parents are unfit or unable to care for their children or act in a manner inconsistent with their constitutionally protected rights as parents, grandparents may be able to initiate a custody action. Factors that may substantiate parental unfitness include abandonment, substance abuse, mental illness, and instability, placing children in dangerous situations, and being financially unable to provide care.

4. Visitation When a Grandchild Has Been Adopted

If a child is adopted by a stepparent or other relative, grandparents may seek a court order for visitation with their grandchildren after the adoption. Grandparents must show they have a “substantial relationship” with the child. Grandparents are not be entitled to pursue visitation with grandchildren adopted by parties who are unrelated, as when children are placed for adoption by their parents or through foster care.

Pursuing visitation or custody as a grandparent can be emotionally and legally complex. The guidance of an experienced family law attorney is particularly valuable in helping you understand your rights and the legal remedies that may be available to you. We can help you make informed decisions about these delicate matters.

Grandparents’ rights are in no way automatic in North Carolina. If you are considering seeking visitation with or custody rights over your grandchildren, you should speak with a lawyer knowledgeable and experienced in custody matters. Daphne Edwards and her family law team can help you navigate every kind of family law issue, including grandparents’ rights. She provides comprehensive and individualized guidance to families throughout Wake County and surrounding counties. Contact Daphne Edwards Divorce & Family Law at 919-891-8552 for a consultation or use our live chat service to begin.

Alienation Of Affection & Criminal Conversation

Thu, 28 May 2020 04:00:00 GMT

Separating from your spouse can be difficult, especially if the separation was caused by a third party who has interfered in your marriage and alienated the affections of your spouse from you. North Carolina is one of only six states* which allow a spouse to seek damages from a third party for the alienation of a spouse’s affections by filing a claim for Alienation of Affection. In North Carolina, a spouse may also file a claim for Criminal Conversation against a third party, which seeks damages for the “wrongful acts of sexual intercourse with a married person”.

What is Alienation of Affection?

Alienation of Affection occurs when a third party engages in wrongful acts with a married person that deprives a spouse of love and affection. A valid claim for alienation of affection requires that the following elements be proven: A valid marriage existed with genuine love and affection; The love and affection was alienated and destroyed; and The wrongful and malicious acts by the third-party alienated the spouse.

What is Criminal Conversation?

Criminal Conversation occurs when a third party engages in wrongful acts of sexual intercourse with a married person. Claims for criminal conversation are typically filed simultaneously with claims for alienation of affection because both claims rely on the same events and actions. This claim is a strict liability claim, i.e., it only needs to be shown that the act itself occurred. To be successful in a claim for criminal conversation the following elements must be proven: A valid marriage existed; and Acts of sexual intercourse occurred during the marriage between the spouse and a third party (circumstantial evidence of the act is sufficient).

Are there Defenses?

If an action for alienation of affection and criminal conversation has been filed against you, an experienced attorney can help you to determine if defenses may be available for your specific circumstances. Examples of some defenses are consent, separation of the parties, the statute of limitation tolling period, jurisdiction, marital misconduct, and lack of knowledge.

What Award is Granted if Successful?

Monetary damages for alienation of affection and criminal conversation claims can be substantial, but only if the third party has assets to pay such a large award. An experienced attorney can help you analyze the details of your case and help you do a cost-benefit analysis to determine if it is worthwhile seeking these claims. Seeking a monetary gain is not the only reason a spouse may file a claim for alienation or criminal conversation. Sometimes filing actions for these claims can help negotiate a more favorable settlement in a pending divorce action.

Daphne Edwards and her family law team can help you navigate through all your family law issues, including alienation of affection and criminal conversation claims. Focusing exclusively on divorce and family law matters for more than two decades, Daphne is a formidable opponent and aggressive trial lawyer. She and her team handle complex divorce matters, including custody, property settlement, and alimony. She provides comprehensive and individualized guidance throughout the Research Triangle. If you have questions or need a skilled attorney to assist you in your family law matter, contact Daphne Edwards Family Law at 919-891-8552 for a consultation.

*These states include Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, and Utah.

COVID-19 And Your Case

Tue, 31 Mar 2020 04:00:00 GMT

Covid 19 Care

During this health crisis, we are sending out best wishes to our clients and their families to stay safe and healthy. Our office is open and our legal team is continuing to work on your cases with the same dedication. We are offering phone consultations or videoconferences for prospective clients, videoconferences for current clients, curbside notary services, and virtual or remote mediations. Our legal team is approaching your case with the same vigor as is our tradition during this time. Please call us with any concerns, questions, or fears; we are here for you and are working our regular hours with the same devotion to our clients and their families. Our legal team knows this is a stressful time for everyone and we are here to provide support for our clients and their families, help prospective clients get through this time, and provide whatever assistance we can. Call us if you need us! As always, we are here to help.

For Parents

For our beloved custody clients, this time is especially stressful for you with required custodial exchanges between homes. Please stay safe. Please call us with any questions. Leaders from the American Academy of Matrimonial Lawyers (AAML) and the Association of Family and Conciliation Courts (AFCC) have released guidelines for parents who are sharing custody during this pandemic. These guidelines, as modified, generally provide:

BE HEALTHY. Comply with the federal and state guidelines, model good behavior for your kids with hand washing, social distancing, and cleaning surfaces. Stay informed with reliable sources.
BE MINDFUL. Communicate with your kids in an age-appropriate manner, but do not leave the news on 24/7 or expose them to panic or careless comments about the pandemic.
BE COMPLIANT. Comply with custody orders unless there is an emergency or extenuating factors.
BE CREATIVE. Consider additional virtual communication for kids with the other parent or other alternatives to increase connection during this stressful time.
BE TRANSPARENT. Keep your co-parent informed about how you are complying with the federal and state advisories in your household and any suspected or confirmed exposure to the virus or if there is any suspected or confirmed illness of any kind.
BE GENEROUS. If a parent will have to miss custodial time with a child, offer that parent make-up time as soon as conditions make it safe to do so.
BE UNDERSTANDING. Extend understanding and courtesy to your co-parent, understand some folks will lose their jobs and child support payments may be delayed or missed, and give each other the benefit of the doubt to get us all through this mess.

Daphne Is Recognized By NC Super Lawyers 2020

Sat, 25 Jan 2020 05:00:00 GMT

Daphne Edwards Divorce & Family Law Firm in Raleigh is pleased to announce that Daphne Edwards has been included in North Carolina Super Lawyers for the third consecutive year.

Super Lawyers comprises a list of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Super Lawyers is a part of the Thomson-Reuters family.

Daphne focuses her practice exclusively in the area of family law. Her history includes clerkships at the North Carolina Supreme Court and the U.S. Circuit Court of Appeals for the 9th Circuit. She has been included in North Carolina Super Lawyers since 2018, the Business North Carolina Legal Elite since 2017, and is an AV Preeminent Peer Rated Lawyer. Daphne is certified by the North Carolina Dispute Resolution Commission as a Family Financial Mediator.

Special Issues In Military Divorces

Thu, 09 Jan 2020 05:00:00 GMT

Going through a divorce is difficult enough, but if yours is a military divorce , you will likely face unique challenges. For instance, deployments, living apart from one another, frequent moves, and the other sacrifices that often accompany life in the military can all wreak havoc on one’s marriage and make divorce that much more complicated. Further, there are additional legal challenges that you will likely encounter. If you are facing a military divorce, it’s time to consult with an experienced Raleigh divorce lawyer.

Filing for a Military Divorce

Because military couples often live in different locations, they can face challenges regarding where they should file for divorce in the first place. There are three options when it comes to filing, and they include:

You can file in the state where either you or your spouse has legal residency.
You can file in the state where the spouse who is a service member is stationed.
You can file in the state where the spouse who is a service member claims residency.

When it comes to divorce, every state has its own ground rules for filing. In North Carolina, one of you must have been a resident of the state for at least six months, and you must have been separated from one another for at least a year before you can file for divorce. However, in the case of a military divorce in North Carolina, you must only have been stationed at and lived on a military base in the state for six months prior to filing.

Calculating Child Support

Every military branch other than the Air Force has its own guidelines regarding the payment of child support after filing for divorce and before the state issues a child support order. This calculation is based on the service member’s base pay, the Basic allowance for Housing, Basic Allowance for Subsistence, and any additional pay earned.

Active Duty Can Make a Difference

If you are filing for divorce and your spouse is active duty, he or she is protected by The Servicemembers Civil Relief Act (SCRA) , which allows active-duty servicemembers to file a stay to delay divorce proceedings. The intention behind this act is to allow service members to remain focused on their military work and to allow them time to deal with their domestic problems when they are better equipped to do so.

Seek Professional Legal Guidance

If you are going through a divorce, it is always in your best interest to seek the professional legal counsel of an experienced divorce attorney, but if yours is a military divorce, it is that much more important. There is a Judge Advocate General’s Corps (JAG) in place to help service members and their families with legal concerns, but the officers don’t typically have extensive experience in family law – they also cannot prepare and file your necessary legal documents or represent you in court.

If You Are Facing a Military Divorce, You Need an Experienced Raleigh Divorce Lawyer on Your Side

Every divorce is complicated, but a military divorce comes complete with its own unique issues. If you are going through a military divorce, the experienced and compassionate divorce lawyers at Daphne Edwards Divorce & Family Law in Raleigh are committed to skillfully advocating for your case’s most positive resolution. Our dedicated legal team is here to help, so please don’t hesitate to contact or call us at 919-891-8552 for more information today.

Fighting Against Unfair Alimony Orders

Fri, 03 Jan 2020 05:00:00 GMT

During the divorce process, there are many decisions that need to be made. If a couple cannot negotiate and reach decisions mutually, the court will need to step in to determine what is just and fair for all the parties involved.

This is sometimes the case with alimony as finances can cause an otherwise cordial divorce process to go awry. The final decision of the court regarding alimony should be one that is fair and affordable and considers the rights of both spouses. When one spouse requests and is awarded either temporary or permanent alimony that the other spouse believes to be unfair and unwarranted, an experienced Raleigh family attorney could help.

What is Alimony?

Depending on the circumstances of a divorce, one spouse may receive an order for financial support from the other spouse. This type of support is usually referred to as alimony or spousal support. It can be paid in one lump sum during a divorce or as a series of payments over time , possibly ending at a specific date or upon the death or remarriage of either spouse. Alimony is not mandatory but can be requested by either spouse in a divorce.

Typically, alimony involved the female spouse receiving financial support from the male spouse. With modern gender roles changing, it could merely mean the spouse who worked outside the home during the marriage giving money to the spouse who stayed at home to raise the family and maintain the household during the marriage. Spouses who wish to receive or who do not want to have to pay alimony could benefit from the services of a skilled family lawyer in Raleigh.

How is Alimony Determined?

If both spouses cannot agree on spousal support, the court will make a ruling on it for them. The judge will likely consider factors such as:

The age of each spouse
The duration of the marriage
Any degrees earned by the spouses during the marriage
Possible financial hardships to one spouse
If both spouses worked during the marriage

If, in the process of your divorce, you are ordered to pay alimony that you believe is unfair for any reason, seek help from a family attorney in Raleigh. Your attorney can look at all of the aforementioned factors and more to determine if you are being asked to unfairly pay spousal support. If so, they can guide you in the process of requesting a change within the family court.

Connect with an Experienced Raleigh Family Lawyer for Help with Unfair Alimony

Do you wonder if you should even owe your spouse alimony? Do you feel that the amount of alimony you are being ordered to pay is unreasonably high? Do not waste any more time paying alimony that you should not have to or worrying about how you will continue to do so each month. Instead, reach out to our team today at Daphne Edwards Divorce & Family Law by calling 919-891-8552 or using our online contact form .

Daphne Is Included In The 2020 Legal Elite

Fri, 03 Jan 2020 05:00:00 GMT

Daphne Edwards and the firm are pleased to announce that Daphne has been included in the Business North Carolina Legal Elite for the fourth consecutive year.

The Business North Carolina Legal Elite is unique in that it is the only peer-review list in which every lawyer in North Carolina is invited to cast a vote. Ballots ask lawyers one question, “Of the Tar Heel lawyers whose work you have observed firsthand, whom would you rate among the current best in these categories?” Lawyers with the most votes in a given practice area are included on the list and the lawyer with the most votes is included in the prestigious Hall of Fame. Daphne has been included continuously since 2017.

Daphne focuses her practice exclusively in the area of family law. Her history includes clerkships at the North Carolina Supreme Court and the U.S. Circuit Court of Appeals for the 9th Circuit. She has been included in North Carolina Super Lawyers since 2018 and is an AV Preeminent Peer Rated Lawyer. Daphne is certified by the North Carolina Dispute Resolution Commission as a Family Financial Mediator.

Can I Sue My Spouse’s Lover For Alienation Of Affection And/Or Criminal Conversation?

Thu, 02 Jan 2020 05:00:00 GMT

Julie was cooking dinner and her husband Tom was in the shower. Tom, who usually carries his cell phone with him everywhere he goes, had left his cell phone on the kitchen counter. Tom’s cell phone dinged and Julie glanced at the phone to see a text message pop up from Tom’s coworker, Kelly. The message read: “I miss you. I can’t wait until we can be together all the time. XO.” Julie began reading the stream of text messages to and from Kelly and suddenly found herself immersed in the salacious details of her husband’s affair. Julie felt emotionally numb and knew that, from that point on, her world would never be the same.

North Carolina is one of a handful of states in the United States that still recognizes the legal claims of “alienation of affection” and “criminal conversation.” Most states have abolished such claims. Alienation of affection allows a spouse to sue a third party for alienating the affection of the other spouse. Most often the third party is a lover. However, anyone who wrongfully and maliciously interferes in a marriage and alienates the affection of a spouse could potentially be sued for alienation of affection, including a parent, friend, or a stepchild.

When a lawsuit for alienation of affection is filed against a spouse’s lover, it will most likely include an additional claim for “criminal conversation.” A claim for criminal conversation arises when a third party engages in sexual intercourse with another person’s spouse. Thus, if your spouse has an affair or begins a new romantic relationship before you are separated , you may have legal grounds to sue the third party for alienation of affection and/or criminal conversation.

Alienation of affection and criminal conversation are civil tort claims that can entitle an aggrieved spouse to recover monetary damages from the third party. The aggrieved spouse’s lawsuit must allege specific damages, such as emotional distress, loss of income, and/or loss of consortium (conjugal relations). Most cases for alienation of affection and/or criminal conversation, if not settled at mediation, are tried before a jury.

Even though you may have a legal basis to sue a third party for alienation of affection and/or criminal conversation, there are pros and cons to filing a lawsuit to pursue these claims. Some factors that your attorney may take into consideration in advising you whether or not to pursue such claims may include the following:

Marriages are complicated, and the facts and circumstances of each case are unique. Your attorney is in the best position to view your situation objectively and give you advice on whether or not you should proceed with a lawsuit for alienation of affection and/or criminal conversation.

Daphne Edwards represents clients who are pursuing claims for alienation of affection and criminal conversation. Ms. Edwards also represents clients who are in need of an attorney to defend such claims. If you are considering pursuing a claim for alienation of affection for criminal conversation, you should be aware that a three-year statute of limitations applies to both alienation of affection and criminal conversation, and time may be of the essence in filing your lawsuit to preserve your claims. Likewise, if a lawsuit has been filed against you, there are some valid defenses that can be raised and, it is crucial to your defense that you file a timely response.

For more information please visit our site or contact attorney Daphne Edwards

Are you mentally and emotionally equipped to have the personal details of your life made public? Lawsuits are public records. By suing someone for alienation of affection and/or criminal conversation, you are opening the door for that person to delve into the intimate details of your life. Your marriage will essentially be put on trial and subjected to scrutiny.
Can a jury (or judge) be convinced that love and affection existed between you and your spouse before the third party interfered? If you and your spouse were in an unhappy marriage and contemplating separation prior to your spouse becoming involved with a third party, you may have difficulty establishing that integral part of the claim for alienation of affection.
Is there sufficient evidence of adultery (or inclination and opportunity to have committed adultery) between your spouse and the third party? Even if your spouse and the third party have been very careful, there is usually some evidence to support such conduct if it has occurred. Cell phone records, text messages, emails, social media, and financial records, such as credit card statements can be helpful in establishing the location and togetherness of your spouse and the third party.
What do you hope to accomplish by pursuing a lawsuit for alienation of affection and/or criminal conversation? Prevailing on claims for alienation of affection and/or criminal conversation may entitle you to monetary awards. If a jury finds in your favor and awards you substantial monies in damages from the third party, the verdict may be worthless if the third party has no income or assets from which to pay. A monetary judgment against a third party who is “judgment proof” is much like a Pyrrhic victory – you will have spent a lot of time and money and the damage to your marriage will still be done.
Some people who file a lawsuit for alienation of affection and/or criminal conversation may do so in the hopes of putting pressure on their spouse to give them a more favorable settlement in their divorce-related matters. However, your divorce proceedings are separate from any proceedings involving a lawsuit for alienation of affection and/or criminal conversation. If your spouse is no longer involved with the third party, filing a lawsuit against the third party is not going to enhance your bargaining position for a better divorce settlement.

What Circumstances Might Warrant A Child Support Modification?

Thu, 26 Dec 2019 05:00:00 GMT

A final divorce decree will include orders regarding spousal support , the division of property , child custody , and child support . While the division of property and spousal support cannot be changed once the final decree is issued, there are times when child support or child custody may need to be modified by either spouse.

If you believe you have a valid reason to seek the modification of child support in your divorce, your first step should be to reach out to a knowledgeable Raleigh family attorney.

Do You Have a Valid Reason to Seek a Child Support Modification?

The court takes the orders of a divorce decree to be final. Although the court also understands that there are some situations that will warrant changes to the order for child support or child custody. North Carolina family courts will consider temporary or permanent changes to the child support order under some circumstances.

As per North Carolina General Statutes § 50-13.7 , to consider a child support modification, the court requires parents to show that there is a reasonable change in circumstances warranting the change, which means that something has to have changed in their lives that should change the way the child support is calculated. Many circumstances may warrant such a change, but the most common ones are:

Either parent has a change in income, possibly due to a reduction in work hours or a job change
A parent has lost their job
A parent has been incarcerated
A parent had another child from a new relationship
There has been a change in the child’s needs and costs, including costs for health care, childcare, or education
There have been changes in how much time the child spends with each parent
A parent is deployed to active military service

If any of these circumstances apply to you, your child, or your ex-spouse, you should schedule a consultation with a well-versed family lawyer in Raleigh. Your attorney could craft a strategy to show the court the changes that have occurred and to sway them to make the modification in your favor.

The Process of Requesting a Modification

Just as everything is with a divorce, getting a modification of child support is a time-consuming process. It is generally best to hire a dedicated family attorney in Raleigh to help ensure you follow the correct steps to increase the chances that your request will be granted. You will be required to fill out legal paperwork and submit supporting documents such as medical bills, a letter from your former employer releasing you from your job, or stating that your work hours have been reduced, or paperwork showing incarceration or military service. Your formal request and supporting paperwork must be filed with the court and served upon your child’s other parent before a hearing can be scheduled.

Explore Your Options for Child Support Modification with a Knowledgeable Raleigh Family Lawyer

To find out if your specific situation warrants a change to your child support order, reach out to our team today at Daphne Edwards Divorce & Family Law by calling 919-891-8552 or using our online contact form . We can assess your situation to determine your chances of being granted a modification of your child support at this time and help you with the next steps in the process.

How Long Does A Divorce Take In North Carolina?

Tue, 17 Dec 2019 05:00:00 GMT

If you and your spouse have decided to pursue the dissolution of your marriage , it is essential to understand that divorce in North Carolina is a process and not an event that resolves quickly. Each divorce is unique, and it can be challenging to predict just how long a divorce will take for a specific couple. An experienced Raleigh divorce attorney could walk you through every step of the divorce process, ensuring that your interests are represented and working to get you the outcome you desire when it comes to spousal support , child custody , and equitable distribution .

North Carolina’s Separation Period Requirement for Divorce

As discussed in North Carolina General Statutes § 50-6 , couples wishing to file for divorce in North Carolina will need to be physically separated for at least one year and one day. This means they must be living apart, and at least one spouse has the intention of being permanently apart during that time period. It is imperative for couples to realize that North Carolina does not grant any exceptions to this rule, and the court will look to see if each spouse was living at a separate residence during this time.

Factors in Divorce Duration

Since no two divorces are the same, there is no blanket answer to the question of how long will your divorce take. After the official separation period, one spouse can file for an official divorce decree. Factors such as property division, alimony, child support , and child custody can all increase the time it takes to get your divorce finalized.

The type of divorce you are seeking can also influence how long it takes to finalize your divorce. For example, an uncontested divorce will generally take less time than a contested divorce, and military divorces may take longer due to specific rights that service members and their spouses may have under federal law.

Even if you are in a rush to have your divorce finalized, be especially careful in your decisions regarding property distribution. Once your divorce is finalized, these issues are barred from being brought up again in future divorce proceedings.

As a general rule, a simple divorce can take about 45-90 days to finalize after it has been filed with the courts. Divorces in which spouses cannot agree on issues such as child support or child custody will naturally take longer. You will want to discuss all of these issues at length with your divorce lawyer in Raleigh to ensure you are not holding up the divorce process yet still getting what you want in your divorce.

Schedule a Consultation with a Compassionate Raleigh Divorce Lawyer

If you are ready to move forward with a divorce, contact our team today at Daphne Edwards Divorce & Family Law by calling 919-891-8552 or using our online contact form . During your consultation, we can discuss your goals and expectations for your divorce, including any concerns you have with the potential duration of your divorce proceedings.

Are You Considering A Divorce After The Holidays? Speak With A Lawyer Now

Mon, 02 Dec 2019 05:00:00 GMT

The holidays are fast approaching, and you may be tabling parts of your non-urgent to-do list until after they have come and gone. While this is a time-saving and stress-reducing strategy for many tasks, it is not always the right way to handle a possible divorce. If you know your marriage has reached its final stages, do not put off contacting a skilled Raleigh divorce attorney until after the holidays. The benefits of waiting will not be worth the possible emotional and financial toll it could take on you and your family.

North Carolina’s Requirements for Filing for a Divorce

Each state has its own laws about divorces, including the requirements to file for one. In North Carolina, you are only eligible for a divorce once you have been legally separated from your spouse for a minimum of one year and one day. The law defines the separation as living in different households and at least one of you intending for it to be permanent during that time. There are no exceptions to this law found in North Carolina General Statutes § 50-6 .

Since there are defined time periods within the law, the sooner you contact a divorce lawyer in Raleigh to get your divorce started, the sooner your divorce could be finalized. Waiting until after the holidays will only prolong the end of your legal marriage, especially if you are not already separated from your spouse.

In addition, to file for a divorce, you or your spouse must currently reside in North Carolina and have lived there for at least six months. Your spouse does not have to agree to a divorce, file anything with the court, or even sign anything. As long as the other requirements for divorce are meant, you do not need anything from your spouse to start a divorce.

Working Out the Details

When there are children and assets involved, divorce has the potential to become quite complicated. It can take time to work out the details of custody, child support, spousal support, and asset division, especially if you and your spouse do not see eye to eye. By reaching out to a divorce attorney in Raleigh now, you can begin to work on these issues instead of waiting until after the holidays. Your attorney can help you understand what your options are and which ones might be best for your family and your specific situation.

A Raleigh Divorce Lawyer is on Your Side: Reach Out Today

Putting off tasks on your to-do list is perfectly fine in some instances. However, divorce is not one of them. If you are ready to begin the next chapter of your life, do not wait until after the holidays or procrastinate for some other reason. Sometimes, prolonging the inevitable and only serve to make it worse. Reach out to our knowledgeable and compassionate team today at Daphne Edwards Divorce & Family Law by calling 919-891-8552 or using our online contact form .

Will You Have To Pay Spousal Support In Your Divorce?

Wed, 27 Nov 2019 05:00:00 GMT

In the State of North Carolina, alimony (or spousal support ) refers to payments made by a supporting spouse to a dependent spouse for that spouse’s support and maintenance after divorce . Generally, a spouse who makes less money than the other spouse is considered a dependent spouse. The length of your marriage is likely to play a significant role in whether you will be required to pay spousal support, as well as if your spouse needs support and if you are able to pay it. If you have concerns or questions related to spousal support, an experienced Raleigh divorce lawyer can help.

Your Ability to Pay Spousal Support

In North Carolina, your spouse will not be awarded spousal support unless it is determined that you have the ability to pay. Each case is taken into consideration based on its own relevant facts, and the court has considerable discretion regarding both the amount and the duration of alimony. Nevertheless, the court must take all relevant information into consideration, including your ability to pay spousal support.

Misconduct in Your Marriage

Although North Carolina is a no-fault divorce state, marital misconduct can play a significant role in the court’s determinations related to spousal support. Marital misconduct can include:

Infidelity
Abandonment
Abuse of drugs and/or alcohol

Infidelity is especially important because, if your spouse had an extramarital affair and you were faithful in your marriage, your spouse is likely not eligible for alimony. If, on the other hand, you engaged in an extramarital affair while your spouse remained faithful, North Carolina law will likely require you to pay spousal support.

Additional Contributing Factors

In addition to factoring in marital misconduct, the courts will take other variables into careful consideration, including:

The length of your marriage
Your income in relation to your spouse’s
Your earning capacity in relation to your spouse’s
Either spouse’s contributions to the education and/or career of the other

It is worth noting that North Carolina has no rule regarding how long a couple must have been married for alimony to apply. Typically, however, a marriage that lasts 10 years or less will involve alimony that lasts no more than half the length of the marriage.

Types of Spousal Support

If you are required to pay spousal support, it will be either rehabilitative or permanent. Rehabilitative alimony is the most common type, and it refers to payments that you make to your ex-spouse until he or she can obtain the education or training necessary to become financially self-sufficient. Alternatively, permanent alimony – generally only awarded after lengthy marriages – refers to payments made for the duration of your spouse’s life (or until he or she remarries).

If You Have Questions Related to Spousal Support, Contact a Knowledgeable Raleigh Divorce Lawyer Today

Alimony is an important consideration in any divorce, and the experienced and committed Raleigh divorce lawyers at Daphne Edwards Divorce & Family Law have the skill, dedication, and knowledge to help protect your rights throughout the divorce process. We’re here to help, so please don’t hesitate to contact us online or call us at 919-891-8552 today.

Fault-Based Grounds For Divorce In North Carolina

Tue, 19 Nov 2019 05:00:00 GMT

Marriage, in the eyes of the law, is a contract; a contract that can be broken when a judge signs an order granting divorce . Officially, the State of North Carolina is a no-fault divorce state, which means that fault does not enter into the divorce process. The fact is, however, that there are circumstances in which fault is taken into consideration. If you pursue a no-fault divorce, your grounds for filing are that you and your soon-to-be ex have been separated for at least one year and that you intend to remain separated. In a divorce based on fault, your divorce is predicated on your spouse’s bad behavior. If you are need of a fault-based divorce, you need the professional legal counsel of an experienced Raleigh divorce lawyer on your side.

Absolute Divorce

In North Carolina, divorce is known as an “absolute divorce,” which means that the marriage has come to a complete and final end. North Carolina also has what is known as a “divorce from bed and board,” which is much closer to a legal separation, but it generally addresses many of the same issues that would be addressed in a divorce, including child support, child custody arrangements, and the division of marital property.

There are only two ways to obtain an absolute divorce in North Carolina, and those are:

The spouses lived apart from one another for at least one year (in separate homes).
The spouses lived apart from one another for at least three years as a result of one spouse’s incurable insanity (based on testimony from two doctors).

Divorce from bed and board, on the other hand is based on one of several fault-based grounds. Finally, it’s important to recognize that although an absolute divorce is not based on fault, fault can play an important role in the outcome of your divorce because the judge can take marital fault into consideration when making final decisions regarding the important elements of your divorce.

Divorce from Bed and Board

If you have been injured by your spouse’s marital misconduct, you can seek a divorce from bed and board based on fault. Although such a separation does not completely end your marriage, it does result in legal separation and addresses the same major financial and custody arrangements that an absolute divorce would. Until you obtain an absolute divorce, however, you will not be able to remarry. The grounds (or fault) for a divorce from bed and board include:

Abandonment
Cruelty
Drug and/or alcohol abuse
Adultery
Indignities

If You Are Facing Divorce, Consult with an Experienced Raleigh Divorce Lawyer Today

No divorce is easy, but when fault plays a role, the divorce process is often that much more arduous. If you are moving toward a divorce that is based on your spouse’s bad conduct, the dedicated and compassionate divorce lawyers at Daphne Edwards Divorce & Family Law in Raleigh are committed to helping you. We’re on your side, so please don’t hesitate to contact us online or call us at 919-891-8552 today.

Determining A Custody Schedule

Mon, 04 Nov 2019 05:00:00 GMT

It used to be that most divorcing couples both worked 9 to 5 (or one stayed home with the children and the other worked 9 to 5), and a basic, cookie-cutter custody schedule worked for almost everyone. Those days are gone. Many divorcing couples have highly unique work schedules that change on a regular basis, and these couples have to get creative with their custody schedules. If you’re facing a divorce, child custody arrangements can be a primary concern, and an experienced Raleigh child custody lawyer can help.

Traditional Custody Plans

When both parents work 9-to-5 jobs, traditional custody plans work nicely. Whether it’s a plan involving one after-school visit a week and every other weekend or a 50/50 arrangement, the stability of regular work schedules makes traditional custody and visitation arrangements a good fit. As the way we work evolves, however, and so too must custody schedules.

Your Work Schedules

In the end, your custody plan has to be practical, which means it has to mesh with your work schedules. In today’s 24/7 economy, people are working many different kinds of schedules, including:

Being on call
Working irregular and/or long hours
Working a rotating schedule that changes every so-many days
Traveling for work
Being self-employed

On top of these factors, many parents work side jobs, including running their own businesses, driving for rideshare companies, and more. Figuring out a custody plan that works for everyone involved is often complicated.

Your Custody Plan Goals

When it comes to your custody plan, both you and the court should want what is in your children’s best interests, which includes providing them with a comfortable home life that does not leave them bouncing from place to place at odd hours. Further, the court is guided by protecting both parents’ rights to spend time with their children. If you and your divorcing spouse cannot come to mutual terms regarding your custody schedule, the court will make your decisions for you. You obviously know your children’s personalities and individual needs far better than the judge ever could, and as such, it is in both you and your children’s best interests to agree on a custody plan with your divorcing spouse whenever possible.

The Bottom Line

Ultimately, your custody plan has to support your children’s needs, comfort, safety, and schedules and must accommodate you and your ex-spouse’s schedules. Even if your schedules are not static, having a solid backup plan in place can help rectify the matter. For example, you can build in a schedule-change contingency for those times when one of your work schedules changes unexpectedly. By putting your children’s needs first, you’ll find a creative way to design a custody plan that works for everyone involved.

If You Have Concerns Regarding Your Custody Plan, Consult with an Experienced Raleigh Child Custody Lawyer Today

When it comes to divorce, issues related to child custody arrangements can be the most difficult of an already difficult situation. The compassionate and experienced child custody lawyers at Daphne Edwards Divorce & Family Law in Raleigh are committed to helping you create a custody plan that works for both you and your children. Our dedicated legal team is here to help, so please do not hesitate to contact us online or call us at 919-891-8552 for more information today.

Uncontested Divorce Cases In Raleigh

Thu, 31 Oct 2019 04:00:00 GMT

While many divorces are extremely contentious, many others are not. If you and your divorcing spouse are in agreement regarding the terms or your divorce – or are willing to work them out together – you are good candidates for an uncontested divorce. An uncontested divorce is a process by which you bypass the court’s intervention, and instead, present the judge with the divorce terms you have already agreed upon. Although you cannot speed up the minimum North Carolina divorce timeline, an uncontested divorce generally takes much less time than going to court, and it is also likely to save you money and stress in the process. If you are going through a divorce, consult with a knowledgeable Raleigh divorce lawyer today about your options.

Absolute Divorce

In North Carolina, divorce is officially called absolute divorce, which simply means the marriage is permanently ended. An absolute divorce in North Carolina is what other states refer to simply as divorce or dissolution of marriage. Couples who are prepared to pursue an uncontested divorce file on no-fault grounds, which means that neither of you needs to prove that the other spouse engaged in misconduct that caused your marriage to fail.

The No-Fault Divorce Waiting Period

To obtain a no-fault divorce in North Carolina, there is a specific timeline you must adhere to, which includes:

To file for divorce in North Carolina, at least one of you must have lived in the state for at least six months.
You and your spouse must have lived separately from one another (in separate residences) for at least one year before filing.
After serving your spouse with notice of the divorce lawsuit, you must wait at least 30 days for your hearing. The spouse who is being served can waive both the service requirement and the right to file an answer to the divorce complaint in order to help expedite the process.

Your Hearing

Once you’ve made it through the waiting period, the court will provide you with a date for your hearing. At this hearing, you and your spouse will submit your final documents outlining your agreements on the issues involved in your case. These generally include:

Your parenting plan, which delineates your agreed-upon custody arrangements and visitation schedule
Your property settlement contract, which demonstrates how your marital property will be divided between the two of you.
A designation of spousal support (if applicable)

If the documents you submit address all pending issues in your divorce, your divorce can be finalized.

If You Are Interested in Pursuing an Uncontested Divorce, an Experienced Raleigh Divorce Lawyer Can Help

If you and your divorcing spouse are willing to work together in pursuit of an uncontested divorce, you can save both time and expense. The dedicated and compassionate divorce lawyers at Daphne Edwards Divorce & Family Law in Raleigh are on your side. Our experienced legal team will help you determine the details of your divorce in an efficient and effective manner. For more information, please don’t hesitate to contact us online or call us at 919-891-8552 today.

Moving Forward After Divorce

Tue, 22 Oct 2019 04:00:00 GMT

At best, divorce is a difficult transition. Once your divorce is finalized, you’ll no doubt be ready for your brand new post-divorce life to begin. While that’s completely understandable, it can help to know that moving forward after divorce often includes challenges of its own. Preparing for what is to come can help you take on post-divorce challenges with greater ease. Whether you are facing a divorce or have post-divorce concerns, an experienced Raleigh divorce lawyer can help.

Tying Up Loose Ends

The divorce process involves plenty of paperwork, and once the judge has signed off on your divorce decree, you will likely be more than ready to put all of that behind you. The fact is, however, that there are some post-divorce details to take care of, including:

If you are changing your name, now is the time to make it official (via the Clerk of Court) and to make the switch on all your personal accounts.
If you have credit cards in both of your names, close those accounts and reopen cards in your own name.
Schedule a meeting with HR at work and change your income tax withholding status on your W4.
Update your beneficiaries on your life insurance policies, retirement accounts, and other financial instruments.
Update your estate plan, including powers of attorney, joint trusts, and other documents.
If your vehicle is in both your name and your ex’s name, you’ll need to change the title through the DMV.

It might not be pleasant to think about doing more administrative tasks, but efficiently taking care of these details post-divorce will provide you with the peace of mind that comes from knowing you’re moving forward int he right manner.

Expect Some Emotional Fallout

Many people anticipate the relief associated with having their divorce finalized, and it’s very true that the divorce process is emotionally trying. The fact is, however, that it can take time to move past divorce grief. You married for a reason, and you, nevertheless, felt the need to walk away from that marriage. It’s not uncommon to go through a grieving process once your marriage has officially ended. Divorce evokes different emotions in different people, and it’s important to recognize those feelings and to allow yourself the time and space you need to move through them.

Help Your Children Move Forward

Divorce can be a difficult process, but it may have been even more difficult for your children. After all, they are experiencing major changes in their lives. There are several steps you can take to help your children move forward in a healthy manner, including:

Never speaking ill of their other parent in your children’s presence
Engage in healthy co-parenting if you are sharing custody
Encourage the relationship with the other parent if the relationship is safe

If You Have Post-Divorce Concerns, Contact an Experienced Raleigh Divorce Lawyer Today

Post-divorce legal issues – including child support and spousal support modifications – are not uncommon, and the dedicated divorce lawyers at Daphne Edwards Divorce & Family Law in Raleigh are here to help. If you’re facing post-divorce issues, please don’t hesitate to contact us online or call us at 919-891-8552 today.

Fighting Against A Child Support Modification

Mon, 14 Oct 2019 04:00:00 GMT

If your ex-spouse pays you child support , you need those funds to help support your shared children in a happy and healthy home. If your child’s other parent is seeking a child support modification, it can be a stressful experience. After all, it’s unlikely that he or she is paying you more than you need. If you’re facing a child support modification filed by your child’s other parent, seek the professional legal counsel of an experienced Raleigh child support lawyer today.

When a Child Support Modification Is Appropriate

If your ex’s financial situation has changed significantly since child support was established by the court (or if it has been at least three years since child support was last calculated), he or she can file a petition for a modification. In the absence of three years intervening, the court will consider the petition if there is evidence that a significant change has occurred, including:

The parent obliged to pay child support (the obligor) non-voluntarily lost his or her job or received a significant pay cut.
The obligor’s expenses have gone up considerably as a result of something significant like new medical bills.
Your children’s circumstances have changed. For example, if they’ve transferred from an expensive private school to a public school.

If the change in circumstances results in at least a 15 percent decrease in the court’s child support calculation, the judge is likely to approve the modification.

When a Child Support Modification Is Inappropriate

Obtaining a hearing for a child support modification is not the same as receiving the modification, and the court will be certain to consider the matter from every angle. There are specific circumstances that will not garner a child support modification, including:

A significant voluntary decrease in the obligor’s income, barring other relevant factors
A voluntarily increased cost of living
The fact that your children are growing up
The obligor’s voluntarily bankruptcy filing
The obligor’s support payments for another child (that aren’t required by law)

If you know that any of these circumstances pertain – or suspect that any of these pertain – to your situation, this information is relevant to your child support modification hearing.

Your Case

Your children’s health, happiness, and well-being are predicated on having the financial resources to provide them with the care they need. If you are facing a child support modification, work closely with a qualified Raleigh child support lawyer to ensure that your children’s best interests are well protected.

If You Are Facing a Child Support Modification, Contact an Experienced Raleigh Child Support Lawyer Today

Receiving child support is critical to your ability to provide your children with what they need to continue to thrive. The skilled child support lawyers at Daphne Edwards Divorce & Family Law in Raleigh have the experience, dedication, and compassion to aggressively advocate for the child support to which your children are entitled. For more information, please contact us online or call us at 919-891-8552 today.

Co-Parenting Tips After A Divorce

Mon, 07 Oct 2019 04:00:00 GMT

Divorce is hard on everyone, but it is generally hardest on the children involved. Yes, you and your ex-spouse have been through a lot and may want to spend as little time as possible conferring with one another post-divorce, but anything you can do to make co-parenting easier and more amicable symbolizes your commitment to putting your children first. If you are facing divorce, an experienced Raleigh family lawyer can help.

It Takes Two

To effectively co-parent, it naturally takes two willing parents. You made it through your divorce intact, and now you have a parenting schedule that delineates when each of you has your shared children. This is a significant change that even the most intrepid parent can find daunting. If your ex is having difficulty fully committing to harmonious co-parenting, never fear, there are things that you can do to help ease the transition.

Co-parenting Tips

No one ever said that parenting is an easy gig, and co-parenting is even more challenging. Nevertheless, there are steps that you can take to help make effective co-parenting a reality, including:

Build Flexibility into Your Schedule – Yes, you have a parenting schedule that the court has signed off on, but life has a way of intervening –schedules change, kids get unexpected invites, relatives visit from out of town, and more. If you demonstrate that you are willing to bend on the parenting schedule, your ex will be that much more likely to reciprocate, and your children will be allowed the rich, rewarding experiences that come with being part of a loving family (divorced or not). You can always make up for lost overnights later in the week or month.

Communicate Directly with Your Ex – Don’t use your children as messengers. At best, it’s less efficient than communicating directly with your ex, and at worst, it can make your children feel as if they’re being put in the middle, or being forced to choose sides. If speaking face-to-face or on the phone with your ex is difficult, communicate via text, which can double as a helpful reminder regarding schedule changes.

Encourage Your Children to Connect with Their Other Parent – When your children are with you, they may feel disinclined to reach out to their other parent (they may even feel disloyal). Encouraging your children to stay connected sends the distinct message that you want what’s best for them – always – including an ongoing and deepening relationship with their other parent.
Pick Your Battles – If your ex’s parenting style differs from your own, let it go (as long as it doesn’t harm or endanger your children).

If You Have Co-Parenting Concerns, Consult with a Raleigh Family Lawyer Today

If you are going through a divorce or were recently divorced, issues related to child custody arrangements are naturally your primary concern. The dedicated family lawyers at Daphne Edwards Divorce & Family Law in Raleigh have the experience, commitment, and compassion to help you hammer out co-parenting arrangements that serve you and your children’s best interests. For more information, please contact us online or call us at 919-891-8552 today.

The Possible Impact Of Social Media On Your Divorce

Mon, 30 Sep 2019 04:00:00 GMT

Social media has infiltrated our lives in unexpected and – some would say – invasive ways. While platforms such as Facebook, Instagram, and Snapchat certainly make it easier to keep up with friends and family, there are additional implications to consider – especially if you are going through a divorce. If you are facing a divorce or have divorce concerns, consult with an experienced Raleigh family lawyer today.

Social Media: A Window into Your Reputation

Generally, we use social media to share a bit of our lives in a way that evokes our personalities. This is all well and good, but if you are going through a divorce, a little can go a long way. The State of North Carolina is a no-fault divorce state, which means that your divorce cannot be predicated on any unseemly behavior in which you or your spouse may have engaged. Such misconduct can, however, affect the outcome of your divorce, and your social media posts can be evidence of such conduct. In fact, information gleaned from social media accounts can be used to influence the outcome of your child custody arrangements and the division of your marital property – two of the primary concerns of nearly every divorce.

Past and Present Posts

While there’s nothing you can do to alter your past social media posts (even deleting them does not make them entirely inaccessible), you can control the narrative moving forward. Regarding those past posts, it is not in your best interest to try to scrub your account clean because, undoubtedly, someone will have a long memory – or a screenshot. Further, doing so only draws attention to the matter. You can, however, be careful of what you post beginning now. Divorce is stressful, and many people find that social media is a great way to let off steam, but this can have unintended effects on the outcome of your divorce. Taking a break from social media as you process through your divorce is generally the best path forward.

A Picture Says a Thousand Words

The old adage that a picture says a thousand words was never truer than it is now. Every picture you post tells a story, and there are certain stories that should be carefully avoided, including:

Anything that shows extravagant spending, such as pictures from a fancy vacation or of pricey purchases
Anything that indicates you have entered into a new romantic relationship (or that could be misconstrued that way)
Anything that hints at a party lifestyle
Anything that hints of emotional instability (again, divorce is stressful – but there are better venues than memorializing your darkest hours in text or photos)

The fact is that any of these posts could be completely innocent, but even the appearance of impropriety can work against you.

If You Are Facing Divorce, Consult with a Raleigh Family Lawyer Today

Divorce is mired with potential pitfalls, and social media can be one of them. If you are going through a divorce, the dedicated family lawyers at Daphne Edwards Divorce & Family Law in Raleigh are committed to helping you throughout the divorce process. For more information, please contact us online or call us at 919-891-8552 today.

Types Of Protective Orders In North Carolina

Tue, 24 Sep 2019 04:00:00 GMT

Domestic violence is not only terrifying but can also be emotionally debilitating. No one should have to fear for their own or for their children’s safety in their daily lives, and North Carolina has laws in place that address this issue. If you are going through a divorce , the stress in your household is bound to be running high, which can sometimes lead to domestic violence. If you are the victim of domestic violence, fear that you might become a victim of domestic violence, or have been accused of domestic violence – an experienced Raleigh domestic violence lawyer can help.

Domestic Violence Defined

Domestic violence can come in many different forms. For the purposes of obtaining a domestic violence protective order (DVPO) , however, the State of North Carolina defines domestic violence as any situation in which someone with whom you have a personal relationship – such as a spouse – engages in any one of a series of damaging behaviors or actions toward you or your minor child. These include:

Attempting to cause physical injury or intentionally causing physical injury
Putting you or another family member in fear of imminent serious physical danger
Engaging in harassment that rises to the level of causing substantial emotional anguish
Engaging in any sexual abuse

Domestic Violence Protective Orders

Domestic violence protective orders are also known as restraining orders, and they are legal papers executed by judges that notify the accused to either stop the abusive actions or face serious legal consequences. North Carolina has two basic categories of protective orders in instances of domestic violence that include ex parte protective orders and final protective orders.

Ex Parte Domestic Violence Protective Order

The first type of protective order is the ex parte temporary protective order, which can provide the victim of domestic violence with immediate protection. In fact, a judge can issue the order the same day the petition for the protective order is filed. Ex parte protective orders generally apply in situations in which the complaining party feels an immediate threat of violence. An ex parte protective order imposes restrictions upon the alleged abuser until the first hearing date.

Because this protective order is temporary and predicated on immediate danger, it can be issued without the alleged abuser’s presence. The spouse identified in the protective order, however, will have the opportunity to challenge the claim in a court hearing, which is usually held within about ten days.

Final Domestic Violence Protective Order

While a final domestic violence protective order offers the same protections as an ex parte protective order, it remains in effect for a longer period of time. For such an order to be issued, a full hearing must take place, and the accused must be given the opportunity to defend himself or herself.

If You Have Concerns Related to Domestic Violence, a Skilled Raleigh Domestic Violence Lawyer Can Help

Issues related to domestic violence are among the most difficult divorce-related concerns. Daphne Edwards at Daphne Edwards Divorce & Family Law in Raleigh, North Carolina, has the experience, dedication, and compassion to help you. For more information, please do not hesitate to contact or call us at 919-891-8552 today.

Will You Have To Pay Child Support After Your Divorce?

Tue, 17 Sep 2019 04:00:00 GMT

In North Carolina, both parents are responsible for supporting their children after a divorce. Generally, however, only the noncustodial parent pays child support – as the parent with whom the children primarily live is assumed to already be directly providing them with all necessary financial support. Support decisions can vary, however, and if you have questions or concerns about child support payments, consult with a Raleigh child support lawyer today.

Who Pays Child Support?

In the best scenarios, both parents agree to child support terms that work for them and are in the best interests of their children. These parents may then outline their own child support obligations to which they adhere after court approval. If you and your spouse are not able to come to an agreement, however, the state will make child support determinations for you based on several important factors. These include:

If your children live with you fewer than 123 days a year, you will likely be required to pay your children’s custodial parent child support.
If you and your ex both have your children at least 123 days each year, child support will be determined based on an existing formula that weighs each of your incomes in relation to the number of overnights each of you has with the children throughout the year.
The child support calculation is based on each of your incomes, on how many children you are supporting, and on your child custody arrangements .

While the court can deviate from its Child Support Guidelines if it finds that circumstances warrant such a deviation, this rarely happens in practice.

Income Guidelines

The amount of child support you pay will be calculated in accordance with your income, which encompasses nearly any income source, including:

Your salary and any bonuses, tips, commissions, severance pay, and more
Income generated by your financial portfolio
Social security and/or retirement benefits
Income from worker’s compensation
Alimony from a prior marriage

If you are already paying child support for children from another marriage or relationship, this amount can be deducted from your income for calculation purposes.

Your Child Support Payments

The ins and outs of child support payments in North Carolina can be complicated. You naturally want to support your children emotionally and financially while ensuring that the amount you pay is financially sustainable. A skilled Raleigh child support lawyer can help make sure that your child support payments reflect both of these important goals.

If You Have Concerns about Child Support, a Skilled Raleigh Child Support Lawyer Can Help

Child support is critical to your children’s continued well-being, and determining the amount you will pay is one of the most important components of your divorce. Daphne Edwards at Daphne Edwards Divorce & Family Law in Raleigh, North Carolina, has the experience, knowledge, and dedication to advocate for your rights and to help ensure that your children are well supported by both of you. Ms. Edwards is here to help you, so please don’t hesitate to contact or call us at 919-891-8552 for more information today.

Do You Need A Lawyer For A Paternity Case?

Thu, 12 Sep 2019 04:00:00 GMT

In North Carolina, when a couple who is married has a baby, the couple is automatically viewed as the child’s legal parents, and both of their names will appear on the child’s birth certificate. This provides both members of the couple with all the rights and responsibilities of parenthood. If the parents are not married, however, it complicates the matter considerably. If you are not married, the paternity of the child is not automatically established. If you need to establish paternity of your child – and have the law recognize the biological father as the legal father – there are additional steps you must take. If you have paternity concerns, consult with an experienced Raleigh family lawyer today .

Establishing Paternity in North Carolina

The State of North Carolina has four means of establishing paternity, including:

If you are married when the child is born, it results in automatic paternity.
If you get married after the child is born, it can establish paternity retroactively. This is not an automatic process, and it is in you and your child’s best interest to work with a family lawyer to establish paternity in this way.
Both parents can sign an Affidavit of Paternity, which establishes paternity.
One of you can file a paternity suit, which leaves it up to the court to make the determination.

If you are bringing a suit to establish the paternity of your child, it is likely that you’ll be dealing with far more than determining who the legal father is – you’ll also be facing issues related to child support and child custody . These are all critical matters that are far too important to leave to chance. Working closely with a knowledgeable Raleigh family lawyer is the best path forward.

The Benefits of Establishing Paternity

There are many important reasons to establish paternity of your child. First of all, you want your child to form a bond with both of his or her parents. Additionally, your child can be denied inheritance rights and benefits stemming from the father if his or her paternity is not legally recognized. Paternity also provides your child with a more complete health record. Finally, the father of your child has the right and the responsibility to help support your child financially and emotionally – and your child is entitled to receive this support. These are benefits that are important to your child now and in the future. A skilled family attorney will help ensure that you and your child’s best interest are well protected throughout the legal process.

If You’re Considering Filing a Paternity Case, You Need the Professional Legal Counsel of a Raleigh Family Lawyer

Issues related to paternity are important to everyone involved. If it is time to legally establish your child’s paternity, experienced family lawyer Daphne Edwards at Daphne Edwards Divorce & Family Law in Raleigh, North Carolina, is here to help. Ms. Edwards has the skill, dedication, and compassion to advocate for you and your child’s rights. For more information, please contact or call us at 919-891-8552 today.

How Domestic Violence Can Affect Child Custody

Mon, 12 Aug 2019 04:00:00 GMT

No divorce is ever easy, but if yours involves domestic violence, it’s that much more difficult and harrowing. The negative effects of domestic violence on children – whether perpetrated upon them, witnessed by them, or both – are well documented. As such, the judge in your case will factor any domestic violence into your child custody arrangements. If you are facing a divorce that involves domestic violence, you need the professional legal counsel of an experienced and compassionate Raleigh domestic violence lawyer to protect the interests and safety of you and your children.

North Carolina Child Custody Orders

North Carolina courts naturally take child custody orders very seriously, and in the process, they have highly specific goals that include:

Identifying the children’s physical and emotional needs
Determining which parent will provide the safest and most stable primary residence for the children
Determining which parent should make important decisions on the children’s behaves

Although a parent with a history of domestic violence probably won’t automatically lose all custody rights, he or she is unlikely to obtain sole physical custody of the children.

Domestic Violence Impacts Custody Orders

The State of North Carolina does not automatically prohibit a parent with a history of domestic violence from having visitation rights with his or her children. Instead, judges are required to factor the parent’s violent history into its custody decisions. Ultimately, these decisions must prioritize the children’s safety. As such, the judge may place highly specific limitations on the abusive parent’s right to custody, which can include supervised visits. In extreme cases, however, the court can terminate the abusive parent’s custodial rights.

When Visitation Is Supervised

If the judge orders supervised visitation between your ex and your shared children, it means that the visits will occur in the presence of an adult authorized to supervise or at a designated agency. The child-custody requirement of supervised visits may be either temporary or permanent. If the parent required to have supervised visits can later prove that normal visitation rights are in the children’s best interests and that further abuse is very unlikely, the requirement of supervision can be lifted.

Termination of Parental Rights

A parent’s rights are only terminated in extreme situations, but such a decision is permanent and cannot be reversed. Abuses that rise to this level can include:

Chronic abuse of the child or of a sibling of the child
Sexual abuse of any child
Murder or attempted murder of the child’s sibling, of another child residing in the home, or of the child’s other parent

If You’re Facing a Divorce that Involves Domestic Violence, You Need an Experienced Raleigh Domestic Violence Lawyer

Domestic violence seriously complicates issues related to child custody. Protect your children by consulting with Daphne Edwards at Daphne Edwards Divorce & Family Law in Raleigh, North Carolina, today. Ms. Edwards is a dedicated domestic violence attorney with the experience, skill, and compassion to help you and your children. For more information, please don’t hesitate to contact us online or call us at 919-891-8552 today.

Dealing With The Aftermath Of Divorce

Mon, 12 Aug 2019 04:00:00 GMT

Going through a divorce is extremely difficult , and most people harbor the belief or hope that, once the divorce is finalized, things will be a lot easier. The fact is, however, that the aftermath of divorce comes with many challenges of its own. Understanding what these challenges are can help you deal with them when the time arises. If you are facing a divorce, you need an experienced Raleigh family lawyer on your side.

Shaky Confidence

You worked hard at your marriage, and it ended in divorce. Many of us view divorce as a failure that can affect our confidence. If you can fail at something that you gave your all to, what does that say about your ability to accomplish other things, including:

Living on your own
Making important decisions on your own
Forging a new relationship in the future

Yes, your marriage ended, but that does not make you a failure in any sense of the word. You have undoubtedly learned a great deal and grown as a person – as difficult as that was – in the process. In many situations, seeking a divorce is the right choice rather than staying in an unhappy situation. Making it to the other side of a divorce is a testament to your strength and courage.

Who am I?

Divorce – especially after a long marriage – may leave you feeling unsure of your place in the world. Whereas you were a wife or husband for all those years, you are no longer playing that role. Some people attempt to forge new identities for themselves after divorce, but it is important to remember that you are the same person you were when you were married – you have the same values, interests, and dreams.

Sometimes, our friendships change with major life events like divorce. Recognizing that someone you considered a close friend is not as loyal as you once thought can be difficult, but it is good to recognize who your real friends are. There are different kinds of friendships, of course, but a divorce will help you discover exactly how meaningful your truest friendships are and the support you have.

The Road Ahead

Divorce is an emotional rollercoaster, and you are naturally looking forward to ending the process sooner rather than later. The fact is, the post-divorce road can be difficult for different reasons. Not only will you be dealing with the emotional fallout of divorce, but also the financial consequences. You may have gone from two incomes to one, or you may have to return to work after taking years off with your children. You may have to move from the family home or change your professional pursuits if you owned a business with your spouse. It is important to know that most people take time to adjust to their post-divorce financial situations, and this is a common struggle.

If You’re Divorcing, Consult with an Experienced Raleigh Family Lawyer Today

Divorce is one of life’s most difficult hurdles. If you’re facing a divorce, Daphne Edwards at Daphne Edwards Divorce & Family Law in Raleigh, North Carolina, has the experience, skill, and compassion to help you. For more information, please contact or call us at 919-891-8552 today.

If Child Support Is Set By Statute, Why Do I Need A Lawyer?

Mon, 29 Jul 2019 04:00:00 GMT

Determining child support in North Carolina can be complicated, and multiple factors are considered in the process. Further, the court has some discretion in determining the amount of child support one parent owes the other, and this discretion is based on what the court considers to be the children’s best interests. In other words, although North Carolina child support payment guidelines are set by statute, there might be much more to this matter than a simple calculation. If you have child support concerns, consult with an experienced Raleigh child support lawyer today.

How Child Support Works in North Carolina

There are a variety of factors that are used to calculate the amount of child support you are owed, including:

Each of your incomes
The number of shared children being supported
Any child support paid by either of you for children outside the marriage
Your child custody arrangements

Other factors can also affect the amount of child support ordered by the court. Ultimately, the court can deviate from the amount calculated via the state guidelines if it determines that the amount isn’t consistent with the children’s individual needs or is unjust or inappropriate in some other manner. Further, in addition to direct child-support payments, the payor may be responsible for contributing to childcare expenses, health insurance premiums, and other expenses.

How Custody Arrangements Factor In

While both parents are naturally responsible for providing for their children, the parent with primary custody is presumed to already be contributing his or her share of this support. As such, the noncustodial parent generally makes child support payments. Child support is closely tied to custody arrangements and the number of overnights each parent has with the children each year, as follows:

If one parent has more than 242 overnights with the children each year, he or she is the custodial parent and the original child support formula is applied.
If both parents have at least 123 overnights with the children each year, another formula that factors in the ratio of each parent’s income to the number of overnights with the children is applied.

Extenuating Circumstances

While child support is generally calculated according to state guidelines, there are exceptions, including for couples with high assets and for couples who have a child with special needs. Finally, there are additional factors that can play a significant role in the process of determining child support, including:

The custodial parent’s need for the family home as a means of housing the children
The noncustodial parent’s ability to pay child support
The noncustodial parent’s need to be awarded legal fees

All told, ensuring that you obtain the amount of child support to which you are entitled is complicated.

If You Have Child-Support Concerns, Consult with an Experienced Raleigh Child Support Lawyer Today

Obtaining the child support to which you are entitled is critical to your ability to adequately provide for your children. Daphne Edwards at Daphne Edwards Divorce & Family Law in Raleigh, North Carolina, has the experience, skill, and compassion to help you. For more information, please contact us online or call us at 919-891-8552 today.

What Do Family Lawyers Do?

Mon, 22 Jul 2019 04:00:00 GMT

Family lawyers are instrumental in helping people deal with domestic relations and family-related issues, including but not limited to divorce concerns and issues related to divorce. These often include the division of marital property , child custody arrangements , child support , spousal support , and contractual agreements between spouses – such as prenuptial and postnuptial agreements. If you are facing a divorce – or have concerns related to divorce – it’s in your best interest to consult with an experienced Raleigh family lawyer today.

Child Custody Arrangements

If you’re going through a divorce, your children’s continued well-being is naturally a top priority. A family lawyer will work closely with you to help ensure that you obtain child custody arrangements that are in your children’s best interests. If you seek primary custody, for instance, your dedicated family lawyer will help you make well-considered decisions in support of this goal throughout the divorce process.

The Division of Marital Property

The State of North Carolina is an equitable distribution state , which means that the court seeks an equitable division of the property that you and your spouse acquired as a married couple – this doesn’t necessarily mean an equal division but, instead, refers to a balanced division of said property. This division of marital property can become very complicated very quickly. Further, there are several complicating factors that can compound the difficulty, including:

Divorces that involve high assets
Divorces that involve multiple properties
Divorces that involve a family business
Divorces that become contentious

Family lawyers have the knowledge, experience, and access to financial experts to skillfully advocate for a division of marital property that protects you and your children’s financial future.

Spousal Maintenance

Spousal maintenance (also known as alimony) is also complicated. The longer you were married, the more likely it becomes that the higher-earning spouse will be required to pay the lower-earning spouse alimony. Other factors can also play a role in this determination, including:

The recipient’s need for spousal maintenance
The payor’s ability to pay spousal maintenance
The payor’s and/or the recipient’s marital misconduct
Each spouse’s ability to earn
The recipient’s contributions to the payor’s professional accomplishments and resulting earning potential

In other words, there’s a lot to consider, and a knowledgeable Raleigh family lawyer is likely to be indispensable in forging an advantageous path forward.

Support Post-Judgment

Just because your divorce has been finalized does not mean that your legal concerns are necessarily behind you. If your ex, for example, doesn’t comply with court orders, you may need post-judgment legal support to enforce said orders. Further, sometimes custody and visitation arrangements require changes, and child custody modifications are in order. A skilled Raleigh family lawyer can help you with all of these concerns and more, including adoption issues.

If You Have Questions or Concerns Related to Divorce or Domestic Relations, an Experienced Raleigh Child Support Lawyer Can Help

Daphne Edwards at Daphne Edwards Divorce & Family Law in Raleigh, North Carolina, is an experienced child support lawyer with the skill, dedication, and compassion to help you. For more information, please contact us online or call us at 919-891-8552 today.

Should I Move Out Of My House If I Am Considering Divorce?

Thu, 18 Jul 2019 04:00:00 GMT

If you are considering divorce , you are likely going through a difficult time, and moving out of your family home temporarily – as you move through the divorce process – may seem like a good idea. After all, emotions run high during a divorce, and vacating the premises could help provide your children with a more peaceful living environment. However, moving out of your marital home during a divorce is not always a great idea. In fact, it can sometimes be more damaging than it is beneficial. If you are facing divorce, an experienced Raleigh family lawyer will help ensure that you make well-informed decisions throughout the divorce process.

Extenuating Circumstances

There is one important caveat to the general rule that moving out of your family home is not in your best interests, and that is if you believe you and/or your children’s safety is in jeopardy. Always prioritize your welfare and safety, and do whatever you need to do to remain safe.

Vacating Your Family Home

If you move out of your family home, it changes your family’s status quo. Now, your spouse is living in your home with your children, and that is the new normal. While this should not affect the division of your marital property (your home remains marital property no matter who lives in it), it can affect your ability to move back into your home. In fact, the court is often likely to determine that the spouse living in the home should remain in the home. Further, you may be required to contribute financially to your family home while you reside elsewhere, which can impact your finances post-divorce.

Child Custody Arrangements

While we’ve touched on some basic reasons why moving out of your marital home will not always work in your favor, an important factor is how it can affect your child custody arrangements, including:

Moving out of your home can be interpreted to mean that you have less interest in living with your children than your spouse does.
Moving out of your home can diminish your chances of obtaining primary custody and might even negatively affect your visitation schedule.
If you are able to support yourself and your family home during the pendency of your divorce, the court may interpret this as meaning you can continue to do so.

If you are going through a divorce, your children are a primary concern, and you want to make well-considered decisions that won’t negatively impact your ongoing relationship with them.

If You’re Facing a Divorce, Contact an Experienced Raleigh Family Lawyer Today

If you’re going through a divorce, you have plenty of important decisions to make and compromises to hammer out. Raleigh Divorce Attorney Daphne Edwards at Daphne Edwards Divorce & Family Law in Raleigh, North Carolina, has the experience, dedication, and compassion to help you make tough but necessary decisions that protect you and your children. For more information, please contact us online or call us at 919-891-8552 today.

How Domestic Violence Might Affect Your Divorce

Tue, 09 Jul 2019 04:00:00 GMT

If you are going through a North Carolina divorce that involves domestic violence, your first priority must focus on you and your children’s immediate safety. Violence in your home should never be tolerated, and if you need help, it’s important to recognize that it’s available through various crisis centers and helplines across the state and nation. If you’re not in immediate danger – or you’re no longer in immediate danger – it’s time to consult with a skilled Raleigh domestic violence lawyer.

Domestic Violence

The State of North Carolina provides a succinct definition of domestic violence .

Attempting to cause bodily injury
Making the victim – or a member of the victim’s family – fear being seriously injured
Continuing harassment of the victim that results in serious emotional distress

Any form of stalking, rape, and/or other sexual offense are included in this definition.

Domestic Violence Is Not Uncommon

The National Coalition Against Domestic Violence shares several sobering statistics related to domestic violence in the United States:

Nearly every minute, about 20 people are abused by an intimate partner, which amounts to more than 10 million people a year.

1 in 4 women experiences some form of severe domestic violence in her lifetime.
On an average day, domestic violence hotlines nationwide receive more than 20,000 phone calls.

The takeaway is that domestic violence happens, and it can happen to anyone.

Filing a Restraining Order

What you probably think of as a restraining order is officially called a Domestic Violence Protective Order (DVPO) in North Carolina. Such an order can help in a variety of ways:

By requiring your abusive spouse to move out of your home or pay for your alternative housing
By allowing you temporary custody of your children and requiring your abusive spouse to pay temporary child support (and spousal support if applicable)
By precluding your abusive spouse from engaging in certain activities, including coming within a specific distance of you, threatening you, or buying a firearm.

The court will likely grant you a temporary restraining order very quickly, but it is only valid for up to 10 days – after which you’ll need to proceed to court to obtain a permanent restraining order.

The Effects on Your Divorce

The fact is that the judge who presides over your case has considerable discretion when it comes to the important issues – child custody arrangements, the division of marital property, and financial issues like child support, alimony, and legal fees related to your divorce. If you’ve been the victim of domestic violence at the hand of your spouse, the judge can take your personal circumstances into careful consideration, and it can directly affect his or her decisions regarding nearly any important component of your divorce.

If Your Divorce Involves Domestic Violence, You Need an Experienced Raleigh Domestic Violence Lawyer

Domestic violence makes the already difficult divorce process harrowing. Daphne Edwards at Daphne Edwards Divorce & Family Law in Raleigh, North Carolina, is committed to aggressively advocating for you and your children’s legal rights and safety. For more information, please 919-891-8552 us online or call us at 919-891-8552 today.

A Successful Paternity Case May Involve A Child Support Order

Mon, 01 Jul 2019 04:00:00 GMT

If you are a mother who is seeking to prove paternity of your child, a successful paternity case can be very important to you and your child’s future. In North Carolina, when a married couple has a baby, the law views the couple as the child’s legal parents. This bestows both with parental rights and responsibilities. Unmarried parents, on the other hand, must take additional legal measures to ensure that a child’s paternity is rightfully established. If you have paternity questions or concerns, consult with an experienced Raleigh child support lawyer today.

Establishing Paternity in North Carolina

In the State of North Carolina, there are three additional ways to establish paternity – outside of being a married couple at the time of birth:

The parents marry after the child is born, and paternity is established retroactively.
Both parents sign an Affidavit of Parentage. This often takes place in the hospital at the time of birth, and the Affidavit is a legally binding document that is difficult to overturn.
Either parent brings a paternity lawsuit, and paternity is adjudicated by the court.

If you are seeking child support for your child and the child’s father does not acknowledge paternity, you’ll likely need to go through the judicial process.

Determining Paternity via the Court

Either parent can bring a paternity action. Additionally, Child Support Services may bring such an action to ensure that both parents provide the child in question with the financial support each parent is legally obligated to contribute. Establishing paternity is extremely important when it comes to court-ordered child support because the court cannot order such support until paternity is determined legally.

If both parents come to a determination regarding paternity before the case goes to court, that settles the issue. Further, either parent can request genetic testing to establish paternity, which the judge will order. If the testing shows at least 97 percent probability of paternity, the judge will issue a final paternity order that legally establishes paternity. At the same time, the judge may enter additional orders, including a child support order.

Child Support

Establishing paternity can help you obtain child support from your child’s father. Both parents owe a duty of responsibility to their children’s maintenance, health, and education, and the intention of child support is for the noncustodial parent to uphold this critical responsibility. In addition to the obvious benefits of child support, establishing paternity can help your child in other ways:

Your child can access medical histories from both sides of the family.
Your child may qualify for benefits through his or her father, including health insurance, Social Security benefits, and state and federal inheritance benefits.

If You Have Paternity Concerns, Consult with a Raleigh Child Support Lawyer Today

Establishing paternity can be critical to your child’s well-being. If you have questions or concerns related to paternity, Daphne Edwards at Daphne Edwards Divorce & Family Law in Raleigh is here to help. For more information, please contact or call us at 919-891-8552 today.

Steps To Take In Preparation For Divorce

Mon, 24 Jun 2019 04:00:00 GMT

If you are facing a divorce in North Carolina , you’re probably feeling overwhelmed. Many people who go through divorce feel as if things happen to them – rather than as if they have any control over the situation. The truth is, however, that there are things you can do throughout the divorce process that will help protect you and your children’s rights and financial futures. By familiarizing yourself with the basics, you just may find that you have more power in the situation than you initially realized. If you are going through a divorce, obtain the professional legal counsel of an experienced Raleigh family lawyer today.

Step 1: Secure Finances for the Divorce Process

The fact is that your divorce is going to cost money, and you’re going to have expenses that you normally would not. Divorce has a way of springing surprise expenses on you – especially if it becomes contentious. Consult with a knowledgeable family lawyer about your best when it comes to securing finances to help you make it through the divorce process:

Opening a bank account in your name alone
Transferring a specific amount of your joint savings into your personal account
Suspending joint credit cards or accounts
Getting a cash advance from a credit card if that becomes necessary

Your best path forward will be unique to you, but your dedicated attorney will help ensure that you are financially prepared for the process ahead.

Step 2: Protect Your Rights to Custody of Your Children

If you are going through a divorce, your children are naturally your number one priority. Moving out of the family home while you are awaiting divorce can work against you. If your intention is to retain primary custody, stay with your children if at all possible. Do not rely upon a verbal agreement with your spouse about changing custody arrangements later. Remaining with your children helps protect your custodial rights. Again, your attorney will help you better understand your best options.

Step 3: Carefully List all of Your Marital Property

The second most important task in any divorce – after child custody arrangements – is the division of marital property. One of the primary components of this division is knowing exactly what you have to begin. Create a comprehensive list of every asset and debt that you have access to. This should include real estate; valuable property such as cars, boats, and art; retirement accounts; stocks and bonds; debts; and any other financial instruments you’ve accrued in the process of your marriage. If you’re concerned that your spouse may be hiding assets, it’s important to bring the matter up with your family lawyer.

If You’re Moving Toward a Divorce, Contact an Experienced Raleigh Family Lawyer Today

If you’re facing a divorce, the sooner you consult with an experienced family lawyer, the better protected you’ll be. Daphne Edwards at Daphne Edwards Divorce & Family Law in Raleigh, North Carolina, understands exactly how difficult divorce can be, and she’s committed to helping you find your best path forward. For more information, please contact or call us at 919-891-8552 today.

How A Separation Agreement Can Help You

Tue, 18 Jun 2019 04:00:00 GMT

If you and your spouse are moving toward divorce and are ready to separate, there are plenty of terms that you are going to need to negotiate together before you can finalize your divorce. This is where a separation agreement can be useful. The fact is that, if your divorce proceeds to court, you transfer much of your decision-making power to that court and its broad discretion.

When you and your separating spouse manage to hammer out a separation agreement, you demonstrate your ability to work together to make the tough decisions, which can go a long way toward keeping your divorce moving forward with minimal conflict. If you are facing a divorce, consult with an experienced Raleigh family lawyer today.

What is a Separation Agreement?

When properly executed, a separation agreement is a contract that’s legally enforceable – whereas a verbal agreement is not. Your separation agreement can cover any number of divorce-related issues, but the most common among them include the basics:

Child custody arrangements
Child support payments
Alimony
The division of marital property (including who will remain in the family home)

Ironing out the specifics on these topics when cooler heads prevail can go a long way toward minimizing conflict later in the divorce process. As your divorce heats up, it’s not uncommon for tempers to flare and drama to result, and a separation agreement can help mitigate such obstacles.

Terms of Your Separation Agreement

Getting started on a separation agreement can seem like a daunting task, but it doesn’t have to be. It helps to start with the basics:

List the date you separated (this date can play an important role in decision making to come)
List the arrangements that need to be made and prioritize your list
List your marital assets, including all real estate; retirement accounts; stocks and bonds; debt; and any other financial concerns that pertain.
Address any property – such as your family home – that is intended to remain with one of you specifically.

Approaching your separation agreement methodically and prioritizing your concerns can help streamline the process. The fact is that you’re going to have to make compromises, and identifying where you’re most willing to do so can help you keep moving in the direction that’s right for you.

Even if you can’t come to an agreement on every major decision that will ultimately need to be addressed, a separation agreement can still be an important tool. Your agreement allows you to concentrate your efforts on those decisions that remain in question. Finally, in order to protect your best interests, it is important to review your separation agreement with a knowledgeable Raleigh family lawyer.

If You’re Considering a Separation Agreement, Consult with a Raleigh Family Lawyer Today

Your divorce will have serious emotional and financial ramifications in you and your children’s futures. Daphne Edwards at Daphne Edwards Divorce & Family Law in Raleigh, North Carolina, has the experience, commitment, and compassion to help guide your case toward a resolution that protects your rights and works for you. For more information, please contact or call us at 919-891-8552 today.

Do I Need A Lawyer For An Uncontested Divorce?

Wed, 05 Jun 2019 04:00:00 GMT

The State of North Carolina allows for an uncontested divorce under certain circumstances. These types of divorce proceedings are sometimes called no-fault divorces or simple divorces. Theoretically, in a no-fault divorce proceeding, there are no major arguments between the spouses with regard to alimony, assets, and spousal support.

Even in so-called uncontested divorce proceedings, however, disputes can – and often do – arise between the spouses. Consequently, it is best to have an experienced lawyer on your side, helping you file the necessary paperwork with the court and assisting you with resolving any problems that arise over the course of the legal proceedings.

Raleigh divorce attorney Daphne Edwards at Daphne Edwards Divorce & Family Law uses her experience to assist clients with filing uncontested divorce proceedings and bringing them to a close quickly and efficiently. Attorney Edwards will make sure that all of the necessary paperwork is filed in a timely manner in your case and can represent you at all hearings and court proceedings.

Grounds for an Uncontested Divorce in North Carolina

Uncontested divorce proceedings are usually simpler and quicker than traditional divorce matters. However, in order to obtain an uncontested divorce in North Carolina, you must still follow certain protocols and successfully satisfy certain requirements . Those requirements include all of the following:

Either you or your spouse must have resided in North Carolina for a minimum period of six months prior to filing your divorce complaint (i.e., the residency requirement)
You and your spouse must not have lived together under the same roof for a minimum of one year (i.e., irreconcilable differences requirement)
The spouses must agree on all of the major aspects of the divorce, and there are no disagreements about major issues, such as property division and spousal or child support (sometimes memorialized beforehand in a Marital Separation Agreement)

How a Lawyer could be Helpful in an Uncontested Divorce Matter

An experienced Raleigh family law attorney can be helpful – and even essential – to you during uncontested divorce proceedings. Challenges can still arise during the parties’ separation, especially in cases where the parties have children and agree to a custody arrangement, but a new romantic partner enters the picture. A lawyer could also ensure that you have all of the necessary information regarding your spouse’s finances and marital property, both of which are necessary to facilitate a fair alimony agreement and property settlement in your case.

Finally, an experienced Raleigh divorce lawyer can handle all of the day-to-day aspects of your uncontested divorce case, such as filing the necessary paperwork, making sure that your spouse gets served with a copy of the complaint, and appearing in court with you.

Call a Raleigh, North Carolina Divorce Lawyer Today

If you are in the midst of an uncontested divorce proceeding, let divorce attorney Daphne Edwards of Daphne Edwards Divorce & Family Law help you resolve your legal matter. To schedule a consultation or case evaluation with a Raleigh, North Carolina divorce lawyer, call today at 919-891-8552 or contact us online.

How Long Will My Divorce Take In North Carolina?

Mon, 27 May 2019 04:00:00 GMT

When you decide to end your marriage, you likely want to be able to move on with your life as soon as possible. For this reason, one of the most common questions that family law firms hear from prospective clients is how long does the divorce process take? Because no two divorces are the same, the length of time to finalize a divorce can vary widely, though the following is a general overview of divorce in North Carolina and how long you may have to wait.

The Separation Period

Most states have some type of waiting period for a divorce. However, North Carolina has a specific requirement that married couples must be separated for at least twelve months before they can even file a divorce petition. This separation must be physical – meaning that you live in different residences for the year. Living in separate bedrooms or acting like an unmarried couple will not suffice. It is important to keep records of when one spouse moved out in order to file for divorce as soon as you can. You may seek a legal separation agreement that oversees financial and child-related matters during your separation.

After You File the Petition

After you have lived apart for one year and one day, you can file the divorce petition. You should consult with a lawyer ahead of time so they can have your petition prepared when it is time to file. You must serve the petition on your spouse, who then has a certain number of days to respond to the petition if they so choose. They may request an extra 30-day extension to file a response. Once the court receives a response or the time period expires, it can set a hearing date.

Factors that May Extend a Divorce

Some divorces may be finalized in 45 to 90 days after filing a petition. Other cases can take much longer. Some factors that can extend the divorce process include:

? You do not know how to locate your spouse? Your spouse is actively deployed as a member of the U.S. military? Your spouse contests the divorce? You and your spouse cannot agree on how to resolve issues such as child custody, property division, or spousal support

While an attorney cannot guarantee against delays, having the right legal representation can help to reduce delays and resolve arising issues in an efficient manner. Not only can a faster divorce allow you to move forward sooner, but it can also save you stress and money. There are many ways a lawyer can help, including skilled negotiation, mediation, and other dispute resolution methods that can help prevent a trial in your divorce case.

Contact a Raleigh Divorce Attorney to Discuss Your Options Today

Daphne Edwards Divorce & Family Law is committed to helping clients in the Raleigh area through the divorce process as efficiently as possible. Daphne Edwards is an experienced divorce lawyer who can advise you of the best course of action in your situation. Call 919-891-8552 or contact us online to learn more today.

What Is A Deposition And How Can It Benefit My Case?

Thu, 23 May 2019 04:00:00 GMT

A deposition is a legal process in which an attorney can obtain sworn testimony from a person without being in a courtroom before a judge. The deposition usually takes place in the office of the attorney taking the deposition or some other mutually agreeable place. The deponent (person being deposed) may be a party to the lawsuit or a potential witness Either party can be required to appear and testify at a deposition and other persons not a party in the case may also be required to appear and testify at a deposition also, including expert witnesses, family, friends, and any other person with knowledge or information that is relevant to the case.

A court reporter is present at the deposition to administer an oath and make a written transcript of what is said at the deposition. In family law matters, those present at a deposition would normally include the parties, the parties’ attorneys, the court reporter, and the person being deposed (if a non-party). A non-party deponent may elect to have his/her own attorney present. Generally, a deposition involves the attorney who initiated the deposition asking the person being deposed questions and his or her attorney has the opportunity to object, but there are few grounds to object to questions at depositions, which is why a deposition is such a power litigation tool.

Questions asked of a party or non-party in a family law case can cover a wide range of issues, including questions about child custody , alcohol or drug use, parenting styles, financial matters, wasting of marital assets, concealment of marital assets, use of marital funds during the marriage, adultery, affairs, conduct on social media, and any other matter that the attorney questioning the person believes may lead to information that is relevant to the issues at hand in that case, whether it be financial or otherwise.

An attorney may issue and serve a subpoena ducas tecum to require a party or witness to bring specific documents with them to the deposition, such as financial account statements or a child’s academic records.

A deposition provides a unique opportunity for an attorney to learn the scope of a party’s or witness’s knowledge or anticipated testimony in advance of a trial which can reduce the amount of time spent in the courtroom. The testimony given at a deposition is sworn testimony (given under oath) so it may be used to impeach a witness at trial. In other words, if a witness’s testimony in court is contrary to the testimony given at the deposition, the deposition can be introduced in order to argue that the witness is lying, biased, or overstating his or her knowledge. A deposition also provides the attorney with an opportunity to see how a party or witness might conduct themselves at trial.

Depositions can add to the expense of litigation since both parties are responsible for paying their respective attorneys and obtaining a copy of the deposition transcript. However, depositions can yield valuable information that may enhance your bargaining position, facilitate settlement negotiations, or help to prepare for trial.

Your family law attorney is in the best position to advise you whether a deposition can be beneficial in your case, based on your unique circumstances.

How do you prepare to give your deposition? Well, The following are suggestions by Findlaw.com to help you out :

The Truth: If you do not tell the truth then that constitutes as perjury , which is a felony. Do not lie
The question is important: Only when you hear a question clearly can you answer it. If you have trouble hearing what is asked, you can ask for them to repeat it.
Understanding the question: Only Answer questions if you understand them. If you do not understand the question, then you can ask your attorney to clarify.
Don’t forget to pause: Give yourself the opportunity to think before you talk. If an objection to a question is made, the pause is the perfect time for the judge to do so.
Never guess: “I Don’t know” is a perfectly acceptable answer if you honestly do not know the answers to questions.
Confer with a lawyer: You have the right to speak to your attorney at any time privately during the deposition. Don’t forget to use this right when the time is appropriate
Extra information: Do not give more information than what the attorney is requesting. Once you have answered, be quiet.
Never explain: You don’t have to justify your response. You only can speak of what you know. The attorney might have suggestions if you try to explain a statement you gave.
Keep your calm: Even if you are pressed hard, do not lose your temper. That will only benefit the other side. Stop Arguing. Talk in exactly the same way you would talk to your attorney. Your attorney is there to make sure you aren’t pressed too hard, and that the questioning doesn’t go too far.
Estimations: If you do not recall the exact time, or length of time, of an event, then state that you are giving an approximation of the time.

Determining The Date Of Separation And Why It Has Legal Significance.

Mon, 20 May 2019 04:00:00 GMT

The date of separation is the date that the parties begin living separate and apart with the intention on the part of one (or both) of the parties not to resume the marital relationship. Living in separate parts of the same house, or sleeping in separate bedrooms, does not count as being separated.

For some spouses, the date of separation may be difficult to determine. This can happen when spouses separate and then get back together, sometimes multiple times, in attempts at reconciliation. If spouses separate and then reconcile, their date of separation is determined by the most recent date that they separated. In other circumstances, spouses may maintain separate residences for employment or other reasons, but there is no intention to end the marriage. The key to determining the date of separation is the date the parties ceased cohabitation and at least one of the parties intended to end the marriage.

The date of the parties’ separation marks the end of the marriage and it is one of the most important dates in the divorce process. It establishes the earliest date that the parties are eligible to file for divorce. Under North Carolina law , the parties must be separated for one full year before a legal action can be filed seeking an absolute divorce.

Intent to End Marriage

The main element to the date of separation is that there must be a record that at least one spouse intended to terminate the marriage. Once the court has finally determined that you have subjectively tried to leave the marriage, the court also needs to find some act that the spouse did in order to objectify his/her intent on paper. A very good example would be if the spouse wrote an email to a colleague speaking of the intended divorce, or if it was shared with a close friend in confidence. In order for a date of separation to be valid, both intention to terminate the marriage and physical separation is required. There is no getting around it.

Equitable Distribution

The date of separation plays a critical role in equitable distribution and determining the parties’ interests in property and debts. The property that the parties acquired during their marriage and owned as of the date of separation is presumed to be marital property that is subject to division. Assets and debts acquired by a party after the date of separation are presumed to be separate property that is owned by that party individually. Therefore, the date of separation can affect the determination of whether an asset or debt (as well as income or an expense) is classified as marital property or separate property. These financial considerations could be significant enough to motivate a party to contest or challenge the date of separation if, as a result, they could potentially share in the value of an asset, or have the other party share in certain indebtedness.

Awards of child support and spousal support may also be impacted by the date of separation. A judge has the discretion to order a supporting parent or supporting spouse to pay child support or spousal support retroactively to the date of separation.

For more information please visit our site or contact attorney Daphne Edwards.

Divorce Through Your Child’S Eyes

Thu, 09 May 2019 04:00:00 GMT

Getting divorced is often an emotionally and legally difficult process for spouses. You may be concerned about your finances and future post-marriage, and you may be focused on taking steps to protect your rights and interests. However, if you and your spouse have children, always take the time to consider what this process is like for them.

Children have a unique perspective of the world, and they pick up on more clues and nuances than you might believe. Children often know their parents are fighting constantly, even if it always happens behind closed doors or after they are sleeping. They can sense tension, and instability at home can affect many other aspects of their lives, such as performance at schools, sports, and other activities. Closely considering your child’s point of view may not only improve the process for them, but also possibly for you and your spouse, as well.

Parents Living Separately

Parents may find it difficult to minimize arguments while they live under the same roof. However, the problems for your children do not disappear once one parent moves out of the home. They suddenly face news schedules of traveling back and forth between parents, and they may not be sure which parent is going to pick them up from school on a certain day.

The first matter of concern is deciding on a schedule that works best for your children, but that also works for you and your spouse. As part of the divorce process, the court will issue an order that includes your child custody arrangement and parenting plan, which will detail how you will share time physically, as well as how you will divide decision-making responsibilities. You always want to work together whenever possible to dictate your own custody arrangement instead of letting the court decide. You know what works best for your family, and it is best to cooperate as early as you can in the process to nail down an appropriate time-sharing schedule.

Additionally, when your children are with you, resist the urge to say negative things about the other parent. Not only does this put your children in an unhealthy position, but the court will also look at your willingness to co-parent as a factor when making custody determinations. Your children will be happier and healthier if they do not feel like they need to choose and, instead, know you will encourage their relationship with both parents during and after divorce.

Support for Your Children

Even if you take every step possible to shield your children from the emotional pain of divorce, this major change in their lives with certainly affect them. Never hesitate to seek counseling or other emotional and mental health support for your children, even if they seem to be handling everything okay. The scars of divorce can last for years, and you want to address their feelings and concerns as soon as possible.

Contact a Raleigh, NC Divorce and Family Attorney for More Information

At the law office of Daphne Edwards Divorce & Family Law, we care about the well-being of you and your children during the divorce process. We will advocate for your rights and interests and help you reach the most efficient resolution possible. We represent clients in Raleigh and throughout Wake County, so please call 919-891-8552 or contact us online for an appointment today.

Please visit our site for more information.

North Carolina Advocates For Justice

Thu, 09 May 2019 04:00:00 GMT

We are proud to announce that Attorney Daphne Edwards has just been added to the NCAJ Family Law Section leadership committee. As Vice Chair, Daphne will be participating in the NCAJ’s mission to protect people’s rights through community, education, and advocacy.

Please contact her or visit our site for more information on family law matters.

North Carolina State Bar Continuing Legal Education Conference

Wed, 08 May 2019 04:00:00 GMT

Daphne Edwards was a speaker for the 2019 Family Law Section Annual Meeting and Continuing Legal Education Event titled Family Law and The Mechanics: Say It Loud, Say It Clear.

This was a program hosted by the North Carolina Bar Association on May 3-4, 2019, in Asheville, North Carolina.

Daphne presented ten tips for enforcing child support and alimony orders. Specifically, she discussed:

Income withholding related to child support orders,
Income withholding related to alimony orders,
Civil contempt,
Proving a parties’ ability to pay through social media,
Proving a parties’ ability to pay through imputing income,
Criminal contempt,
Qualified domestic relations orders,
Writs of possession and transfer of property,
Securing payment by bond, mortgage, or deed of trust; and
Making the client a creditor.

Please contact us for more information or visit our site .

Determining Alimony In North Carolina In 2019

Thu, 25 Apr 2019 04:00:00 GMT

When it comes to divorce, one of the most contentious issues to resolve is often alimony. And while the rate of divorce is declining in North Carolina , the issue of alimony is still one of most impactful decisions a family law judge will make. Alimony is a court order requiring one spouse to financially support another. This can be in the form of ongoing alimony payments or even a lump sum amount at the time of the divorce.

The judge will consider several factors but has a great deal of latitude in determining alimony. The importance of making your case to the judge is one reason why hiring an experienced Raleigh Alimony lawyer is so important.

Dependent vs. Supporting Spouse

An award of alimony in North Carolina family law cases is fairly rare. To be eligible to receive an alimony award, the court must declare that you are a dependent spouse that relies on the income of your supporting spouse. Generally speaking, if both spouses work and make similar salaries, the courts won’t consider either spouse dependent. But if one spouse doesn’t work, or if there is an enormous income gap between the two spouses, the court may determine one spouse is dependent on another.

The Effect of Infidelity on an Alimony Award

Infidelity can play a role in the alimony process, even when the court determines that one spouse is dependent on another. Under North Carolina law, alimony is unavailable for a dependent spouse engaged in illicit sexual behavior while married or before separation. In the alternative, a supporting spouse that might otherwise not be required to pay alimony could be forced to pay. It is up to the court’s discretion to sort out alimony if both spouses were unfaithful.

Infidelity is not the only form of spousal misconduct that can affect an alimony award. If the supporting spouse was abusive or abandoned the dependent spouse, the judge could increase the amount of alimony or award it in a case where it otherwise would not be warranted.

How an Experienced Raleigh Alimony Lawyer can Help

Because of the leeway given North Carolina judges in determining alimony, the attorney you select to represent you can have a significant impact on whether alimony is ordered in your case. If you are seeking alimony or defending against an alimony request, the experienced attorneys at Daphne Edwards Divorce and Family Law, PC may be able to help.

For more information please visit our site .

Types Of Child Custody

Tue, 09 Apr 2019 04:00:00 GMT

In Raleigh, child custody determines which parent has the legal right to live with their child or make decisions about their welfare. North Carolina separates child custody into two categories: physical and legal custody. Each type provides you with constitutional rights regarding your child.

Physical Custody Grants You the Right to Live with Your Child

Physical child custody focuses on where your child lives most of the time. Sole physical custody is the legal right to have your child live with you all the time. Joint physical custody is a shared living arrangement. This means that your child lives with you part of the time and with the other parent the other part of the time.

Legal Child Custody Allows You to Make Decisions about Your Child.

Legal custody is the legal right to decide how your child is raised. You can’t make decisions like where your child goes to school, the type of medical care they receive or if they go to summer camp unless you have legal custody.

There are two types of legal custody: sole and joint custody. Sole custody gives you the right to make decisions about your child without the other parent’s approval. Joint custody gives you and the other parent the power to make decisions about your child’s upbringing. This means you have to work together to come up with a workable solution when both of you don’t agree.

Legal custody doesn’t include physical custody. Thus, you can have physical custody, but the other parent may have the right to make decisions about their upbringing. To understand your rights, contact a Raleigh child custody lawyer.

North Carolina Child Custody Decisions

North Carolina law doesn’t favor the mother over the father. Instead, the determination is made on what’s in the best interest of the child. Typically, the courts will award one parent with primary physical custody. Thus, the other parent will receive visitation rights.

Contact a Child Custody Lawyer for Help

During your marriage, you and your spouse have equal rights to make decisions about where your child lives and how they are raised. However, North Carolina child custody laws can drastically alter those rights. For example, you may receive visitation rights while your ex-spouse is granted primary custody. Even if you were never married to the other parent, it is important to establish paternity and child custody.

Child custody can be a complex and emotional issue that a Raleigh child custody lawyer can help you resolve. Daphne Edwards Divorce & Family Law, PC has helped numerous families achieve outcomes in their favor in a divorce or child custody battle. Contact us today.

How Is Alimony Calculated In North Carolina

Wed, 27 Mar 2019 04:00:00 GMT

People mistakenly believe that judges use a formula to determine the amount and duration of alimony owed to a dependent spouse. However, unlike child support, the amount and duration of alimony isn’t determined by a preset formula under North Carolina law.

North Carolina’s Child Support Guidelines

Child support is calculated using North Carolina’s Child Support Guidelines, so lawyers and judges can quickly and easily calculate the amount and duration of child support owed by plugging the appropriate numbers into a simple formula. The amount of child support is determined based on the incomes of both parents plus any additional medical care and child-care expenses, and as long as the child has finished high school, child support payments end once the child reaches the age of eighteen. Although issues arise relating to the amount of child support owed in family law cases, in general, the guidelines make it easy to determine the amount and duration of child support obligations.

North Carolina’s Alimony Laws

Compared to child support payments, issues are more common regarding alimony payments in family law cases. Typically, they arise when one spouse claims they need money to support themselves and the other spouse says they cannot afford the amount of alimony requested. Unlike child support obligations, there’s no simple formula for determining the amount and duration of alimony under North Carolina law.

Alimony isn’t awarded in many family law cases. A spouse must prove their status as a dependent spouse to be awarded alimony. In general, if both spouses earn similar incomes, then it’s unlikely that either spouse will be considered dependent and awarded alimony.

However, alimony may be awarded if one spouse earns significantly more income than the other spouse; i.e., the spouse is deemed dependent. The court must determine the amount and duration of alimony obligations for a dependent spouse. Under North Carolina law, the amount and duration of an alimony award is based on different factors, including:

Length of the marriage,
Reasonable needs of each spouse,
Ability of a spouse to pay alimony,
Standard of living of the dependent spouse,
Educational background of the dependent spouse, and
Marital misconduct.

North Carolina judges exercise a great deal of discretion when determining an alimony award based on these factors. In general, the longer the marriage, the longer the duration of the alimony payments. Furthermore, spouses who earn high incomes can expect to pay significantly more in alimony, then spouses who earn modest to low incomes.

The Role of Marital Misconduct in the Amount and Duration of Alimony

To determine whether a spouse is entitled to alimony, the court will consider marital misconduct such as:

Abandonment,
Substance abuse, or
Adultery.

According to case law, marital misconduct committed by the higher-earning spouse will result in higher monthly alimony payments, longer duration of alimony payments or both to the dependent spouse.

When a wife has committed adultery before the couple separated, it may bar her from recovering alimony from the husband. However, if a husband wants to bar his ex-wife from receiving alimony based on adultery, then he must not be an adulterer himself.

Experienced Raleigh Alimony Lawyer in North Carolina

Based on the factors discussed in this article, North Carolina’s alimony laws can result in widely different outcomes in each case. Thus, it’s important for both the spouse seeking alimony as well as the spouse defending against alimony claims to get help from a Raleigh alimony lawyer. If you have any questions regarding how alimony and child support payments are determined or any related type of family law matters, contact the experienced attorneys at Daphne Edwards Divorce and Family Law, PC. Call us at 919-891-8552 or contact us here .

Can You Get A Prenuptial Agreement After A Wedding?

Mon, 25 Mar 2019 04:00:00 GMT

Marriage gives couples a chance to revel in the excitement of the moment and start a new life together. Even with the romance of it all, the couple must stop and consider the practical financial ramifications of the life event. In North Carolina, couples choose to keep their finances separate or combine their bank accounts when getting married. Regardless of their choice, even separation of investments doesn’t guarantee protection if a divorce occurs. For couples who are married, a prenuptial agreement isn’t possible, but a postnuptial agreement offers the same protection. A Raleigh Prenuptial Agreements Lawyer helps couples with the formation of these agreements.

What is the Difference Between Prenuptial or Postnuptial Agreements?

A prenuptial agreement is an agreement before the marriage occurs. It provides each party the chance to review the marriage expectations and decide if the terms are acceptable before they marry. If not, either party has the right to request changes or choose not to get married

A postnuptial agreement occurs after the marriage takes place. Why would you want the legal document? If it’s your second marriage and you have children already, it’s paramount that you protect your assets for your children. Additionally, if you develop a life-threatening disease, you need reassurance that he or she won’t leave you or give up on the marriage. The same is true of an unfaithful partner. You wouldn’t want to marry someone who isn’t committed to the union. These agreements can allow for division of assets or spousal support arrangements if infidelity occurs.

What to Include in the Postnuptial Agreement

Start with the division of all properties and assets. The agreement protects inherited assets like a house or wedding rings (even though your spouse wore them throughout the marriage). Defining the terms of asset division prevents losing them after the divorce.

Another area to consider is children, child custody and support . Although you may not have children now, it doesn’t mean you won’t fight over children in the future. It’s best to define the terms as early as possible.

Too often in divorce cases, spouses use children as leverage. A spouse who is the most level-headed and sincere partner, in the beginning, could become controlling and manipulative at the end. For example, accepting a job offer in another state derails your chances of custody if your spouse wants you to stay close. Without an agreement, you may be forced to choose between financial security for your family and child custody.

Are the Agreements Enforced in All States?

No, prenuptial and postnuptial agreements are not enforced in all states. Before you contemplate moving to another state review the current laws. Moving to another state forfeits your rights in the postnuptial agreement if the court doesn’t enforce the terms. Additionally, even if the court applies the terms, updating the agreement after accumulating new assets provides lasting protection and can also include a separation agreement.

Why You Should Hire Daphne Edwards

In North Carolina, creating these agreements while you and your spouse are still on good terms is vital for your future. Daphne Edwards Divorce and Family Law can review your situation and help you with these agreements. Contact us now!

For more information please visit our site .

4 Signs You May Be Headed For Divorce

Fri, 22 Mar 2019 04:00:00 GMT

The divorce rate in the USA has steadily reached 40 to 50 percent . Divorce is financially expensive, emotionally expensive, and anyone undergoing a few of the warning signals below understands a possible upcoming choice. North Carolina divorces have continued increasing, and it is important to always get solid advice from an experienced attorney on these matters.

Some divorces are occurring as a result of a constructive separation in living situations or possibly a psychological separation when there is a problem with infidelity . What are some signs of a troubled marriage? While there are no hard and fast rules, by no means do any of the indicators below guarantee you’re destined for divorce. If you recognize these signs, it may be time to consult a Raleigh divorce lawyer.

#1: No Sex

A marriage is a particular type of relationship that involves intimacy and closeness. This is usually expressed in a normal and healthy sex life. If one of the partners is not able to obtain sexual gratification and is being given the runaround when they desire sex, they are going to be tempted to look for it elsewhere. Sex can be one of the only things that a couple can do to deal with built-up stress for the financial commitment necessary to retain the relationship.

#2: Unaffectionate and Cold

The lack of sex is also complemented by a lack of affection as couples are starting to show each other that it is not a temporary sexual problem, but also that they do not have any love and that something is wrong. This is the creation of psychological justification for why they can leave without conscience or start another relationship. Because sex begins with affection, a partner who is starting to withdraw will start to grow cold and not content with being hugged or kissed like before. They may be starting to build a mechanical relationship to separate it from an intimate relationship that they are forming with someone else.

#3: Problems Are Never Resolved

When couples are in danger of divorce, they let their problems simmer and fester. There is no attempt to bring things to a solution. When there is an attempt, it usually ends with an escalating argument that makes the problem worse. Couples who cannot communicate and work things out are living in a powder keg.

#4: Spending Time Away from a Partner

The more time that couples spend apart, the stronger the incentive to engage in infidelity and to make a full separation. Once a relationship falls into a physical separation where it is no longer convenient for partners to see each other, the world has a habit of coming between them. They will start to culture and develop an alternative lifestyle that does not include their partner. They may also separate themselves by internally devoting attention to the children and neglecting to give attention to their partner.

How to Help

If you think that you may be headed for a divorce, you need a Raleigh divorce lawyer who is determined to solve your problems. Daphne Edwards Divorce & Family Law seeks to help couples protect their assets before a partner milks them with matrimony payments or takes away important property. They are experienced in complicated cases that involve children and where couples have been together for a long period of time.

For more information please visit our site.

Effects Of Domestic Violence In The Family

Tue, 12 Mar 2019 04:00:00 GMT

Children who grow up with domestic violence are more likely to develop mental illness.

Although it is often hidden behind closed doors, the impact of domestic violence on one’s self and children can wreak emotional and mental devastation that lasts a lifetime.

Domestic violence affects 10 million men and women every year. According to the National Coalition Against Domestic Violence , one out of every four women and one in nine men experiences “severe physical abuse” from a partner. Often, acts like slapping and pushing are written off, particularly by male victims, as “not true violence,” but any act designed to inflict harm against a partner is an act of domestic violence.

While the immediate risks of physical injury are clear, there are other effects of domestic violence that persist even after the abuse has ended. Abuse victims are prone to develop depression and anxiety as well as struggle to be vulnerable and develop close relationships with others in the future.

Domestic violence is so much more than a bruise. It does far more than break down a relationship and hurt someone’s self-esteem. Domestic violence in a relationship destroys a person’s sense of self-worth and teaches them to view love through the lens of fear and shame. The long-term effects of domestic abuse are often undiscussed in society, and many victims wrestle with guilt, fear and secrecy their entire lives.

The Effect of Domestic Violence on a Relationship

No one enters a relationship expecting to be abused. Many victims are afraid that they will be shamed if they let others know about their abusive relationship as people are quick to say they should have noticed all the red flags and warning signs.

Domestic violence is never the fault of the victim, no matter how many signs may have been present in retrospect. Physical abuse is not the only sign of an abusive partner; the assertion of dominance and quest of control can range from constant questioning and accusations to spying, watching and implementing restraints on social contact and finances.

Counseling psychologist Carmel O’Brien has worked with women and children who are victims of domestic violence for over 20 years and says that all abusers have one thing in common: the desire to dominate another.

Intimate relationships become heavily one-sided in abusive scenarios; an abuser will often blame a partner for their actions, and even when they do not, a victim will look for reasons within themselves to justify the abuse.

Low self-esteem and poor self-image persist and pervade other aspects of life. A victim of abuse suffers everywhere, not just at home.

Impact of Domestic Violence on Children

Even if they are only witnesses, children who grow up around abuse are victims, too. One cannot underemphasize the tremendous damage that abuse has on a developing mind. Children who grow up abused view themselves as inferior and consider abuse normal. Even if they know it is “wrong” for someone to hurt them, they often grow up falling into unhealthy relationships seeking love and validation they did not have throughout childhood.

Children who grow up with domestic violence are more likely to develop mental illness , substance abuse and become victims of abuse in relationships later on.

Finding Help With a Raleigh Domestic Violence Lawyer

If you live in the Raleigh area, the offices of Daphne Edwards Divorce & Family Law have helped hundreds of families free themselves from the cycle of domestic abuse.

An experienced Raleigh domestic violence lawyer, Daphne Edwards can guide families through the process of divorce , custody , child support and property vision to help victims regain control over their lives and safely leave an abusive marriage.

To learn more, contact the office of Daphne Edwards Divorce & Family Law at 919-891-8552 or visit our site .

What To Look For In A Raleigh Divorce And Family Lawyer

Mon, 18 Feb 2019 05:00:00 GMT

Getting a divorce is never easy. It’s the end of a relationship. When this happens, there are legal documents that need to be prepared for judges and courts. Additionally, there may be other things going on, such as determining who gets what property. If you have children, it’s also important to look at who will have custody and what kind of parenting plan is going to be in place.

This is not a situation that you can deal with on your own. When you’re in Raleigh, NC and going through a divorce or need help with how to alter a parenting plan that has already been created, a Raleigh divorce and family lawyer should be your first call. Daphne Edwards Divorce & Family Law has experience working with couples and families in North Carolina.

Divorces

Divorces can get messy in North Carolina. Not only are you separating from the partner that you once loved, you now have to deal with the legalities behind your split. To get an absolute divorce, you must be legally separated for at least a year and a day.

When you decide you want to part ways, Daphne Edwards will help you get the necessary documents filed. When filing for a divorce in Raleigh, you want someone who has experience with the North Carolina divorce laws.

If you have an uncontested divorce, both partners want to end things. This is usually the faster and more amicable way to file a divorce. However, if it is a contested divorce, one partner is fighting for it not to end. This can also make it harder to divide the property.

Daphne Edwards Divorce & Family Law has experience with the various North Carolina family laws to ensure that you navigate them properly. Their experience will guide you in moving forward once the divorce has been finalized.

Parenting Plans

Sometimes, children are the ones left in the middle when a divorce is taking place. There are laws in place to make sure that children are properly looked after. A custodial parent will need to be identified. From there, parenting guidelines will need to be established. This will cover such things as visitation rights, expenditures for the child, and child support payments.

Parenting plans will change. For example, child support payments/amounts which usually arise when a parent is not able to make child support payments. Another example is, visitation schedule changes required due to holidays, moving, or something other unforeseen changes.

When you choose a Raleigh divorce and family lawyer, it’s important to work with someone who has experience with addressing changes and filing the necessary the documents. It is important that you know who will fight for you in the courts to ensure that you get the level of involvement that you want with your child or children.

Divorces and family law are complicated. Rather than trying to go through it alone, seek legal counsel. Schedule an appointment with Daphne Edwards Divorce & Family Law today where you can learn more about your options and how to proceed.

For more information please visit our site .

North Carolina 2019 Super Lawyers – Daphne Edwards

Fri, 15 Feb 2019 05:00:00 GMT

Each year, Super Lawyers recognizes the top lawyers in North Carolina via a patented multiphase selection process involving peer nomination, independent research and peer evaluation. The North Carolina lawyers who receive the highest point totals during this selection process are further recognized in North Carolina Super Lawyers Top Lists.

We are pleased to announce that attorney Daphne Edwards has been selected to the 2019 North Carolina Super Lawyers ® list. This is an exclusive list, recognizing no more than five percent of attorneys in North Carolina.

Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from more than 70 practice areas and all firm sizes, assuring a credible and relevant annual list.

Selections for this list are made by the research team at Super Lawyers, an affiliate of Thomson Reuters. The multi-phase selection process includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, and a peer review.

Please join us in congratulating Daphne Edwards on her selection. For more information about Super Lawyers, go to SuperLawyers.com.

Property Division In A Divorce

Fri, 08 Feb 2019 05:00:00 GMT

Spouses who file for divorce must divide their marital property, either through a settlement agreement, or a court will order how property should be divided. Many people choose to settle property disputes out of court because of the certainty that a negotiation process provides.

Marital vs. Non-marital Property

Property assets will only be subject to division in a divorce if it is considered marital property. Marital property is property acquired during the marriage, although there are exceptions such as gifts and inheritances.

Non-marital property may become subject to division in a divorce if it has become commingled with marital property. For example, if a spouse sells a vehicle that was owned prior to the marriage and deposits the funds into a joint bank account, a court may rule that the proceeds from the sale are marital property.

Asset Valuation

One of the most important aspects of dividing property in a divorce is determining the value of the marital property estate. Assets which have appreciated in value such as real estate should be appraised for value, rather than using the purchase price as the value. Asset valuation is a complex topic, and often requires asset valuation experts.

Many people are concerned about their spouse hiding assets in a divorce, especially if they are going through high value asset divorce proceedings where their spouse may have income from stocks, bonds, or rental property that they do not know about. Gathering financial documents such as tax returns, banking statements and a credit report is a good place to start when working to determine the value of the marital estate. Selecting an experience lawyer in Raleigh, NC like Daphne Edwards is vital to get fair distribution of marital assets

Keeping a Marital Home

Many people who are going through a divorce want to keep a marital home because it is where they have been raising their children, because they are concerned about qualifying for a mortgage on their own and for many other financial and emotional reasons. Usually a spouse who keeps a marital home pays the other spouse his or her one-half share of the equity in the home. Keeping a marital home can be expensive when an income shrinks from two incomes to only one income, so financial considerations are important to keep in mind.

Mediation or Trial?

A Raleigh divorce lawyer can help you decide whether mediation would help you resolve your case. Mediation is a process where the parties in a divorce or civil case attempt to settle their case outside of court. In many cases, this is a good idea because a court may order that property be sold and the proceeds divided if the parties in a divorce cannot work out a settlement agreement.

Contact a Raleigh, North Carolina Family Law Attorney

A Raleigh Divorce Lawyer can help you avoid the stress of negotiating or settling a divorce case yourself. If your case proceeds to trial, having an experienced attorney on your side can make a great difference in the outcome of your case. Contact Attorney Daphne Edwards for more information.

For more information, please visit our page .

How To Find A Good Divorce Lawyer?

Tue, 05 Feb 2019 05:00:00 GMT

It’s a question no one wants to ask but one that is common nevertheless. If you are going through a divorce, finding a good lawyer is critical because divorces can be rather complex. Experience and commitment to care are two important qualities for any Raleigh divorce lawyer, and knowing some basic information can help you assess who does and does not have them.

The first thing to determine is what the grounds are for divorce. North Carolina law permits six such reasons .

Abandonment
Adultery
Life-threatening behavior
Drug or alcohol abuse
Forceful ejection from the home without due cause
Actions which make married life intolerable

Another option is called a “no-fault” divorce. This scenario can occur when a couple has been separated for at least a year with the intent to end the marriage and marital relations have not recommenced during the separation. A no-fault divorce does make the process easier, especially if a majority or all of the remaining issues are settled outside of court. For instance, deciding how property will be divided in private meetings between attorneys and clients saves a great deal of time and money.

Experience and Commitment to Care

As it turns out, North Carolina’s divorce rate is higher than the national average with approximately 45 percent of marriages ending in divorce, according to the National Center for Health Statistics. In fact, almost 10 percent of the residents of Wake County are divorced.

What all this means is that a Raleigh divorce lawyer is a common thing, so the question is how to sift the good from the bad. The good lawyer will listen carefully to your case and help you figure out how to move forward. What about the children? What is marital property? Will I have to pay alimony, or can I receive alimony? All of these questions are ones an experienced lawyer will have heard before. Experienced lawyers know the law and know how to help.

Additionally, being committed to care means taking clients seriously and understanding that divorce is not easy. It places an enormous burden on parents and children alike, and it can drain time, energy, and resources like nothing else. Care means being ready to fight for your client’s best interest and working hard to ensure a fair outcome.

Who do you choose?

All of that being said, which lawyer (out of the many) do you pick? Daphne Edwards has been practicing law in North Carolina for over 20 years and has won both cases and respect for her hard work.

She ranks high with her clients and her peers because she has the experience and the commitment to care that make a good lawyer. If you need help with your divorce and want a lawyer that will work for the best possible outcome, contact her team today. Lawyers are everywhere, so look for the firm that has carved out a reputation for excellence. Daphne Edwards Divorce and Family Law, PC is ready to serve.

For more information please visit our site .

Things I Should Consider Before I File For Divorce

Fri, 18 Jan 2019 05:00:00 GMT

No two divorces are the same. They are very emotional, trying times, and can create a lot of damage at just the mention of the word even if only intended as a threat. A Raleigh divorce lawyer will be able to help you navigate the process, but there is much to consider when taking this path. Before making a final decision on the matter, there are some things to consider.

The Motivation

There is a chance that your mental state is compromised . A new crush, a mid-life crisis, clinical depression — there are a large number of things that can enter your life which will be momentary, but will feel intense enough that it may persuade you to consider a decision with long-term consequences. Tending to any internal issue may settle any feelings of terminating such an important relationship. As previously mentioned, merely bringing up the desire to divorce can end a relationship even if the initial motivation is no longer there. There is no “undo” in telling a partner that you wish to end the relationship.

Determine Custody Goals and Consider Your Living Situation Are children involved. If so, custody is most likely at the forefront of your mind. Extreme circumstances barred, you and your spouse will share custody. It’s a good idea to review the scheduling of your work, your children’s school, and extracurricular activities and other recurring obligations. It is also a good idea to review the schedule of a spouse so that the interest of the kids can be outlined ahead of time, as separating will affect the children long before the divorce is final.

Will you continue to reside in the same residence as your spouse during the divorce (yes, this is a legitimate option), or will you be living apart? Even if you intend to live in the home with your spouse, do you have a contingency plan should this not be a viable option? Do you have additional support, or will everything be up to you?

You Are Not Single – You Are Married

Even if the marriage is emotionally dead, dating while married is considered adultery. In extreme cases, money spent on a paramour can be viewed as dissipation of marital estate, which would result in your spouse recouping all of your expenditures. Also, if the basis of your divorce reasoning is that your spouse is unfaithful, you risk losing any sympathy from the court should the court view this as just another extramarital affair. This could result in a loss of court-ordered spousal support that you may otherwise be entitled to receive.

If you are contemplating whether divorce is a good solution for your situation, you’ll wish to speak with a Raleigh divorce lawyer who is skilled in this matter. Contact Daphne Edwards for a confidential consultation to learn the options best for you.

For more information please visit our site .

What’s Considered Domestic Violence?

Thu, 03 Jan 2019 05:00:00 GMT

You may be considering getting help from a Raleigh Domestic Violence Lawyer if you believe that you are being abused by your partner . You may ask yourself, what is considered domestic violence ?

At its root, domestic violence is a pattern of behavior used to secure and maintain power over an individual within a relationship. This includes using physical harm, intimidation, or force for any reason. The purpose may be to make their partner act in a certain way or prevent them from doing something.

It can also concern acts of emotional abuse, where fear, constant criticism, shaming and blaming, belittling or verbal abuse, threatening or punishing, gaslighting (which denies the victim their right to their own unique perspectives), or isolating their partner from outside friends or family are used to break down their victim psychologically, often causing lasting mental and emotional harm.

According to the National Statistics on Domestic Violence, there is an average of 20 people per minute in the United States who are physically abused by an intimate partner, which adds up to be more than 10 million women and men nationwide who suffer from domestic violence yearly.

A violent partner may be using your children as collateral or leverage in the relationship, manipulating finances that leave you without control over your financial life, blaming you for their violent or aggressive behavior, or utilizing coercion to manipulate you into doing things you do not want to do. This may also include unwanted sexual acts, which even within an intimate relationship are considered rape or sexual assault if you don’t give your consent to participate in such acts.

If you or your children are being hurt physically by your partner, don’t hesitate to get to a safe place, seek local services and take legal action if needed. Domestic violence may also leave you with dwindling financial resources as a partner takes more control.

1 out of 4 women and 1 of 9 men experience a severe act of physical or sexual violence, and/or stalking from an intimate partner. The result of these experiences may be long-term struggles with mental or emotional health including post-traumatic stress disorder, depression, or anxiety.

Finding a Raleigh Domestic Violence Lawyer may also become a priority as you realize that domestic violence can affect your family as well. The patterns of fear and violence may leave a lasting imprint on children, where home and family life is seen as unsafe and frightening.

Studies show that children or young adults living with domestic violence going on in the home may experience emotional distress, ongoing and lasting struggles with depression or anxiety, physical disturbances, low self-esteem, problems with future relationships, difficulties at school, or bullying behavior.

Daphne Edwards Divorce and Family Law are here to help you sort out your future and get your life back. Whether is your decision to file for divorce, make a custody claim, or reclaiming your financial life and assets, they will be here for you.

For more information please visit our site .

Termination Of Alimony: Cohabitation

Sun, 07 Dec 2014 05:00:00 GMT

What acts cause alimony to end? Generally, the obligation to pay alimony by the supporting spouse terminates if the dependent spouse remarries or cohabitates with another person or upon the death of either the supporting spouse or dependent spouse. See N.C.G.S. § 50-16.9(b). If there is a remarriage, the rule is clear in that alimony payments end automatically on the date of remarriage and the obligor does not have to file a motion to stop payments. With cohabitation, there is no bright line rule. The court considers many factors to determine whether there is cohabitation and the obligor may not unilaterally stop alimony payments, but must file a motion for termination and obtain a court order to terminate alimony payments.

Cohabitation is defined as two adults “dwelling together continuously and habitually” in a private heterosexual or homosexual relationship in which they assume the marital rights, duties, and obligations typically manifested by married couples. Id. Thus, there are two elements to establish cohabitation:

The parties have been dwelling together continuously and habitually.
The parties have assumed the marital rights, duties, and obligations of married people.

See Suzanne Reynolds, Lee’s North Carolina Family Law § 9.85, at 493 (5th ed. 1999).

“Continuous and habitual” means the relationship between the dependent spouse and the third party is exclusive, monogamous, and of some duration and regularity. Id. at 495. “Assuming the marital rights, duties, and obligations” is determined by parties’ “household routine, social life, financial matters, and sex life.” Id. at 497. Factors considered include

Whether the parties have joint accounts
Whether the third party pays some of the dependent spouse’s bills
Whether the third party keeps personal belongings in the dwelling
Whether the third party still keeps a separate residence
Whether the third party helps the dependent spouse with child care
Whether the parties take vacations and spend holidays together.

There are a few cases which address cohabitation. In Oakley v. Oakley, 165 N.C. App. 859 (2004), the court held that the appellant failed to establish cohabitation where he only showed a sexual relationship and occasional dates and trips. On the other hand, in Rehm v. Rehm, 104 N.C. App. 490 (1991), the court found sufficient evidence of cohabitation where:

The wife had a sexual relationship with a man for eleven months
The man stayed with her up to five nights a week
The man had clothes at her home
They took trips together with her child
He kissed her goodbye in the mornings.

In two cases, the court reversed summary judgments. In Craddock v. Craddock, 188 N.C. App. 806 (2008), the wife and third party owned separate residences and did not share finances, but they had maintained a monogamous relationship for five years, and took trips and spent holidays together. The court found that there was a genuine issue of material fact and remanded.

In Bird v. Bird, 363 N.C. 774 (2010), the supporting spouse had a romantic relationship with a man who stayed at her home, once for 11 consecutive days, walked her dog, let handymen in and out of the house, parked in her garage, carried groceries in the home, and dined together with her children. There was also evidence that the man had exchanged cars with the wife and took trips with her and his separate residence appeared neglected. Because the wife and man asserted that there was no cohabitation, that he had never moved into her home, and that they did not share finances, the Court held that there was a genuine issue of fact regarding cohabitation.

For more information please visit our site or contact attorney Daphne Edwards .

D. Edwards Law Blog

Legal vs. Physical Custody in NC | Raleigh & Wake County

What Is Legal Custody?

What Is Physical Custody?

How Courts Award Legal and Physical Custody

Common Custody Arrangements

How Decision-Making Works in Practice

Understanding Custody for Your Family

Ready to Talk About Custody?

Joint vs. Sole Custody in NC | Raleigh & Wake County

What Is Joint Custody?

What Is Sole Custody?

How Judges Evaluate Custody in North Carolina

Parental Cooperation and Conflict

Safety and Stability

The Child’s Best Interests

Mediation and Custody Agreements

Which Custody Type Is Best?

Request a Case Evaluation

How Divorce Works in North Carolina

How Divorce Works in North Carolina

The One-Year Separation Requirement

Separation Agreements: Resolving Issues Early

Filing for Absolute Divorce in Wake County

Equitable Distribution of Property

Child Custody and Parenting Issues

Child Support and Spousal Support

When Is Court Involvement Required?

Moving Forward with Confidence

Schedule a Confidential Consultation

Child custody challenges when a parent plans to relocate

Child custody challenges when a parent plans to relocate

Understanding custody and relocation rules

Factors courts consider when evaluating relocation

How relocation affects your custody arrangement

Steps you can take to protect your custody rights

Working with an experienced Raleigh family law attorney

What are the key benefits of divorce mediation?

How mediation works

Common benefits of a peaceful resolution

Who can receive alimony in North Carolina?

Guidelines for receiving alimony

Factors influencing the amount and duration of alimony

Daphne Edwards Selected To Business North Carolina’S 2016 Legal Elite

Daphne Edwards Attains Martindale Hubbell’S AV Preeminent Peer Review Rating

How Is Property Valued For Purposes Of Equitable Distribution?

The Value Of Emotional Support During Divorce

Is My Separate Property Included In The Marital Estate For Purposes Of Equitable Distribution?

Six Reasons To Postpone Dating After Separation

Do I Need A Business Valuation If I Am Getting Divorced?

Should I Change Divorce Attorneys?

Circumstances In Which The Child Support Guidelines Do Not Apply.

Should I Try To Settle Or Go To Court And Let A Judge Decide?

Failure To Pay Child Support: Collection And Enforcement Remedies.

How Social Media Can Affect Your Divorce Case – And 9 Tips To Help You Avoid Pitfalls

Can I Make The Other Party Pay My Attorney’s Fees?

Is an interested party who has acted in good faith; and

Has insufficient resources to pay the expenses of the legal action.

Is a dependent spouse who is entitled to post-separation support or alimony; and

Is unable to defray the expenses of the legal action.

Modification Of Child Support: How Can I Get My Child Support Changed?

What Are Grounds To Appeal A Trial Judge’s Decision?

Child Support And Child Custody For A Disabled Child

Are Accounts Titled In The Name Of Our Minor Child Considered Marital Assets?

Equitable Distribution And The Marital Home: Should The Home Be Distributed To One Of The Parties Or Sold?

Imputing Income For Purposes Of Child Support: When Child Support Is Not Based On Your Actual Income

Why Does My Attorney Need So Many Documents From Me?

Factors That May Impact Awarding One Parent Primary Child Custody

The child’s relationship with each parent – whether the child has a stronger bond with one or the other parent;

Each parent’s respective ability to provide the child with a safe, secure, and stable home environment;

The age, health, and lifestyle of each parent;

A parent’s involvement in preparing meals for the child;

A parent’s involvement in taking the child to medical and dental appointments;

A parent’s involvement in attending the child’s school and extracurricular activities;

A parent’s involvement in helping the child with homework;

The extent to which a parent nurtures the child’s interest with family and friends;

The child’s relationship with any stepsiblings or half siblings in either household;

Educational and extracurricular opportunities that either parent may be able to provide to the child.

Is Student Loan Debt Considered Marital Debt?

Public School Or Private School: Which Parent Has Authority To Decide?