It is normal for people going through divorce to experience a wide range of emotions, including feeling hurt, anxious, worried, depressed, and angry. When a party is entrenched in anger to the extent that it affects their ability to use good judgment, it can create a hurdle in resolving a case in an efficient manner.
Read MoreMediation is the most common alternative dispute resolution (ADR) process used in family law cases. While it requires a cooperative approach, mediation provides the parties involved the opportunity, flexibility and control to jointly make decisions they believe are the best solutions to their conflicts.
Read MoreThe Court of Appeals published its opinion earlier this year on a case Jim Siemens argued before the Court in Raleigh in October. Jim was successful in defending the visitation arrangement in a custody modification order entered in Buncombe County.
Read MoreWhen preparing for a hearing or trial in family court, knowing what to expect and being familiar with the court process can make your day in court less stressful. We are here to guide you through that process.
Read MoreNorth Carolina’s Family Court Advisory Commission released a helpful resource providing general guidance to parents with existing child custody and/or visitation orders in place during the COVID-19 pandemic.
Read MoreEvery case is different, and we are here to talk to you about the facts and circumstances of your case, and creative ways to deal with child custody disputes during a pandemic. While not a substitute for our legal advice, here are a few articles we have found interesting and potentially helpful.
Read MoreSiemens Family Law Group Clients and Friends: We want you to know that we intend to continue to conduct business as usual during this crisis using the best practices known to us, and in a way which will keep you, our staff, and our community safe.
Read MoreJudges evaluate marital standard of living to determine whether the alimony or child support a party is seeking is reasonable and necessary. The expenses incurred by a dependent spouse seeking support should correlate with expenses incurred during the marriage for similar purposes.
Read MoreThe assets and debts you receive through the equitable distribution process can lay the foundation for your post-divorce lifestyle and future financial security. There are many factors a judge in North Carolina may consider when distributing a marital estate between parties.
Read MoreNorth Carolina uses a concept known as “equitable distribution” to divide property between divorcing spouses. There are four types of property that must be identified and classified as part of the equitable distribution process: marital property, separate property, mixed property and divisible property.
Read MoreWhen preparing a financial affidavit, the best policy is to be honest and realistic. We recommend that you review and verify all financial documents that pertain to your current income and expenses, as well as drawing parallels to the marital standard of living.
Read MoreIn all legal actions that include claims for child support, post-separation support, and/or alimony, the local family court rules for Buncombe County require each party to complete and file with the court a “financial affidavit” (local Form 4).
Read MoreWhen spouses separate, it is sometimes necessary for one spouse to provide financial support to the other spouse. North Carolina recognizes two forms of spousal support: one is post-separation support, and the other is alimony.
Read MoreI still benefit from having a look at the law each time I handle a case. How does North Carolina law guide District Court Judges to make child custody decisions? How the sentences play out in application differs across the State. In Buncombe County, joint and equal legal and physical custody is awarded frequently.
Read MoreThe NC Court of Appeals published its opinion this week on a case Jim argued before a special session of the Court in October. Jim was successful in defending equitable distribution, alimony and child support orders entered in Buncombe County last year.
Read MoreBuncombe County is currently one of 13 judicial districts in North Carolina that has a dedicated Family Court system within its District Court division. The primary advantages to filing a legal action in a Family Court district is that the case is assigned to one judge…
Read MoreGoing through a divorce that involves claims for child custody, child support, spousal support, and/or division of marital property and debts involves making difficult decisions that can impact your life for years to come.
Read MoreI used this article, Social Science and Parenting Plans for Young Children: A Consensus Report, successfully for a father in a recent child custody case.
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