Friday July 25, 2008


The Dummit Law Firm
213 West Sixth Street
Winston-Salem, NC 27101
Telephone 336.777.8081
Facsimile 336.777.0160


Family Law

Below are some of the many services we provide to our clients, depending on their individual needs:

  • Divorce -Absolute Divorce, Divorce from Bed and Board and Annulment
  • Matters Involving Children, such as Adoption, Child Custody and Support and Paternity
  • Legal Agreements, such as Premarital, Separation, Parenting and Partnership Agreements
  • Spousal Support, including Alimony and Post-Separation Support
  • Equitable Distribution of Property
  • Other Civil Matters, such as Alienation of Affection, Criminal Conversation, Domestic Violence
Divorce
divorce In North Carolina, absolute divorces are obtained based on one year's separation. When you and your spouse have lived separate continuously for one year, without ever resuming the marital relationship, either one of you may obtain an absolute divorce. Attempts at reconciliation characterized by isolated instances of sexual intercourse will not definitively end the period of continuous separation. However, these instances may add to the totality of circumstances sufficient to cause a court to find you have voluntarily renewed the marital relationship. If a court finds this, the twelve month clock will begin anew.

The entry of an absolute divorce terminates your rights to alimony, post separation support and equitable distribution of property unless you have filed such a claim before an entry of absolute divorce. This must be contemplated an addressed from the beginning.

Domestic Violence
The North Carolina General Assembly has enacted the Domestic Violence Act, Chapter 50B, to deal with the growing problem of domestic violence. This statute protects myriad possible victims of domestic violence: 1) present or former spouses; 2) present or former household members; 2) persons of the opposite sex who are dating each other or had dated each other; 3) a person who is living with a person of the opposite sex as if married; 4) children and their parents or grandparents; and 5) persons acting in the role of a child's parent.

Under this statute, any act which attempts to cause or intentionally causes bodily injury is domestic violence. An act which places someone in fear of "imminent serious bodily injury" by threatening force is also domestic violence. Acts constituting rape or sexual offense are acts of domestic violence as well.

Many times the victim coordinators working for the District Attorney's office assist in filing a complaint alleging specific facts of domestic violence in order to obtain a protective court order. The complaint forms are available the Clerk of Superior Court at any county's courthouse. Based upon the complaint, the court has discretion to issue an ex parte protective order. Ex parte is a legal term meaning that the court entered the order based on a hearing in which one of the parties was not present. The court has the power and discretion to give a person possession of their home, vehicles, personal property and/or household possessions rather than allow their spouse to have these things pending a full hearing. The court may also order the person you to stay away from your residence, your work or your children's schools.

Child Custody
Both parents have a duty to support any children. North Carolina has adopted certain child support guidelines that apply in all situations. These are based upon the income of both parents, the type of custodial arrangement that exists and other factors such as day care and health insurance costs. The Administrative Office of the Courts has forms for determining the amount of support.

Children benefit if matters of custody, visitation and support can be determined peaceably. When that is not possible, any person seeking custody may petition the court to make the determination. These issues are not concluded until the child reaches a majority. An agreement or court order may be changed if the circumstances dictate. For custody and visitation, majority occurs when the child reaches his or her 18th birthday. For child support, it may continue until the child graduates from high school or reaches his or her 20th birthday, whichever occurs first. If agreed to by the parents, it is not all that uncommon to make allowances for financial assistance for children who will attend college.

Our firm is also experienced in handling matters concerning child support, division of marital property, separation, and pre-nuptial agreements.





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