Most people assume a family law legal practice is all about divorce and not much else. While divorce is a large area for attorneys who practice family law, it only scratches the surface of the ways in which an attorney working in this field helps families in North Carolina.
Lawmakers from North Carolina have spoken out about the controversial issue of marriage ban that a federal judge struck down in November. In 1996, legislature formerly banned marriage rights for same-sex couples and a constitutional amendment was approved by voters and filed in 2012, citing that marriage only pertained to men and women.
There are numerous reasons that an individual might use in seeking to divorce a spouse, but it is important to understand and comply with state requirements related to the proceeding. In order for a court to consider a divorce action, either the plaintiff or the defendant must have been a resident of the state for at least six months prior to the filing. If both spouses are residents of the state, the action may be brought in a court with jurisdiction over either of the locations involved.
An individual or institution that has custody of a minor child may bring appropriate action to seek support for that child. A child's mother and father are typically deemed liable for support unless the circumstances warrant otherwise. Additionally, parents of a minor child who is not emancipated may be deemed liable for support of a grandchild to some degree as well. If both parents of a child are minors who are not emancipated, then both sets of grandparents may be considered responsible for the support of that grandchild.
What a party involved in a legal dispute in North Carolina might think is fair may not always correlate to what the law considers fair and equitable. For example, in family law matters, the rights of a biological parent might take precedence over other rights claimed by people with more of a hand in raising the child. In one example recently cited, a mother who abandoned her baby daughter to the care of the child's grandmother but came back two years later to claim her stands a good chance of being awarded full custody of the toddler, because most laws favor the child's biological parents.
North Carolina couples who go through separations often run into mistakes during the process. According to experts, these errors fall into a few top categories, and the emotional connotations of divorces may make them worse for spouses who aren't careful.
A woman from Charlotte called the cops and had her son arrested for stealing. In a different type of family law issue, the Charlotte woman reported her son as the thief of her Pop-Tarts.
North Carolina residents might be interested to hear that the traditional roles that have ruled marriage and divorce have begun to shift throughout the years. Traditionally, alimony was designed to compensate the wife for giving up her earning power to support her husband's career and care for the home and family. It offered her economic stability in the aftermath of a failed marriage.