Divorce Lawyer

We recognize that divorce is often a complex and heartbreaking subject for our clients. Maybe you are already engaged in the process, or perhaps you are

simply beginning to gather basic information. Since the legal complexities and emotional issues can understandably lead to confusion for anyone, it is

important that you seek professional legal advice to help guide you. Contact The Law Offices of Ryan B. Addison to schedule an initial consultation.

Thinking of separating?

Before you make the decision to separate in North Carolina, there are several important issues you should consider: where will you live? Can you support

yourself (and your children, if any) financially? What will you tell your children? Many people contemplating separation find it helpful to seek advice. A

competent legal advisor can help you to organize your thoughts, advise you on compiling copies of important records before moving out of the house, and

prepare you for any potential next steps.

Separated?

Getting separated in North Carolina does not require any special legal action. The law considers you to be separated once you and your spouse begin living

separately with the intent to live apart. North Carolina law requires you to be separated for one full year before you can legally file for divorce; however, you

can still file a lawsuit addressing major issues such as alimony/spousal support, child support/child custody, and equitable distribution prior to divorce. You

can also simply enter into a separation agreement.

Filing for divorce?

Once you have been separated for at least one year, you can file a lawsuit in district court asking for a divorce. When a North Carolina divorce complaint is

filed, it may include demands related to child custody/child support, alimony/spousal support, equitable distribution, and other matters related to the

divorce; or, it may reference a previously executed separation agreement. If you have been served with a divorce complaint, be aware that you have a very

limited amount of time to prepare. You have thirty (30) days from being served to file a response with the court. This response should include any

counterclaims (claims against your current spouse) because some claims, such as equitable distribution and alimony, are permanently cut off if you do not

assert them before finalization of the divorce.

Equitable Distribution Lawyer

North Carolina is an equitable distribution state. An equal, 50/50 division of all marital property is typically considered equitable; however, in some instances,

the court may consider factors that make an equal division unjust, such as the past efforts and future needs of each spouse. Marital property includes all

property acquired from the date of marriage to the date of separation (excluding property acquired via estate administration or by gift). The court will also

classify and distribute debts, which may be considered separate or marital. Some or all of these matters can be addressed in a separation agreement

thereby avoiding the costs and time of litigation. Contact The Law Offices of Ryan B. Addison to schedule a consult.

Alimony & Post-Separation Support Lawyer

Post-separation support is temporary support, given prior to divorce, which is usually paid until an award of alimony is granted or denied. Alimony is ongoing

financial support, after divorce, paid from one spouse to the other. Either type of support will require the court to find that one spouse is dependent and the

other is supporting. Unless this obligation and its duration are resolved by the parties in a separation agreement, it will be left to the discretion of the judge. In

certain instances of marital misconduct or marital torts, the law may either require or prohibit an award. There are also tax implications in these types of

cases. Contact The Law Offices of Ryan B. Addison for help in navigating this process.

Child Support Lawyer

The law requires both parents to share the financial responsibility of supporting their child(ren). The North Carolina Child Support Guidelines include three

separate worksheets to help determine a parent’s obligation. The worksheets vary based on the level of custody and visitation. The guidelines calculate the

support obligation based on each parent’s gross income. Extra expenses, such as childcare and health insurance, are also added into the equation. Child

support payments are typically paid until a child graduates from high school or reaches eighteen, whichever occurs later. Parents can enter into child

support obligations either voluntarily (negotiated, for example, in a separation agreement) or through a court-order (mandated, for example, following a

hearing). Because these matters can have a large impact on one’s future financial obligations, it is wise to seek the assistance of counsel. Contact us to

schedule a consultation with the Law Offices of Ryan B. Addison.

Lawyer for Visitation Rights and Child Custody

If you and your spouse are able to reach an agreement with respect to custody/visitation issues, that agreement should be put in writing; for example, as part

of a separation agreement. If you and your spouse are unable to agree (or if you and the parent of your child are not married), you can (and should) file a

lawsuit seeking child custody and/or visitation rights. Once a lawsuit is filed, the court will require the parties to attend mediation. Mediation is a process where

the parties, with the assistance of a court-appointed neutral third party, attempt to reach an agreement regarding child custody and any visitation issues. If an

agreement is reached, it will be put in writing and signed by the parties and a judge. If not, the case will proceed to trial and the outcome of that trial will be

reflected in a written court order.

Underlying all of this is the idea that children and the issues related to their upbringing are too valuable to leave to chance or ambiguity. There must be a

writing—either as a result of a separation agreement, a mediation, or a hearing that clearly establishes the rights and responsibilities of each parent. At the

Law Offices of Ryan B. Addison, we have guided many families in this area of the law, and can help yours beginning today. Contact us for help.

Termination of Parental Rights Lawyer

There are certain instances where the rights of a parent may be terminated. In such situations, you must typically provide evidence of substantial neglect or

abandonment, and the court must determine that termination is in the child’s best interest. Once a parent’s rights are terminated, any future child support

obligation of that parent is also terminated. Contact The Law Offices of Ryan B. Addison for help.

Guardianship Attorney

When a family member is no longer able to handle his or her own affairs and has not made appropriate plans by assigning a power of attorney,

guardianship may be in order. Guardianship is the most severe form of judicial intervention under civil law, excepting only involuntary commitment.

Because of the drastic nature of guardianship, our office takes very seriously the need for dedicated, caring advocacy in the establishment and

administration of guardianships.

The Law Offices of Ryan B. Addison represents clients on all sides of guardianship litigation matters. We can serve as counsel to the petitioner, counsel to

the respondent, or as guardian ad litem. If one of the below scenarios sounds familiar, contact The Law Offices of Ryan B. Addison for help:

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We can assist in determining when a person’s diminished capacity requires formal court guardianship and can counsel family

members about the legal issues involved. We then guide the family through the guardianship process, from start to finish.

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At times, we represent persons who are opposed to the proposed guardianship. In those situations, the guardianship process

becomes an adversarial proceeding, in which we will seek to prove to the court that guardianship is not appropriate.

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We represent family members who agree that guardianship is appropriate, but who do not agree with the proposed choice of a

guardian by the court. In those types of contested guardianship appointments, our firm advocates for our client’s ability to best

serve the incompetent person’s interests as the best choice as a guardian.

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After the guardianship has been established, we advise individual and corporate guardians concerning their powers and

responsibilities in administering the guardianship estate.

Adoption Lawyer

In North Carolina, our state statutes govern adoption procedures. These procedures can be complex and cumbersome, involving documentation, assessments,

and in some cases, a hearing. The assistance of an experienced attorney can help to ensure that the process proceeds smoothly. Contact us now to schedule a

consultation with the Law Offices of Ryan B. Addison.

Arbitration Attorney

This process is reserved for appeals of Small Claims verdicts and certain district court matters prior to a

judge hearing the case. The arbitrator sits as the judge and renders a decision at the close of the evidence.

Ryan is a certified arbitrator and can assist you with this stage of the litigation process. Contact The Law

Offices of Ryan B. Addison for help.

Name Change Attorney

Several legal options are available for obtaining a name change. Names may be changed by an Adoption Decree, through a name change petition filed with

the Special Proceedings Division, or through an application by a widow or divorced woman for the resumption of a maiden name, name of a prior deceased

husband, or name of a prior divorced husband if her children have that husband’s surname. Contact The Law Offices of Ryan B. Addison for help.

Alienation of Affection & Criminal Conversation Lawyer

The most common marital torts are Alienation of Affection and Criminal Conversation. If you believe your spouse has been unfaithful and you believe the

paramour caused your marriage to fail, you may have a “third party claim” against that person. In the case of Alienation of Affection, you must prove yours was

a happy marriage that was destroyed by the paramour and that his or her interference with your marriage was malicious. In the case of Criminal Conversation,

you must prove that the paramour had sexual intercourse with your spouse during the course of your marriage. This type of litigation can be quite challenging

and, therefore, you should seek the assistance of counsel. Contact The Law Offices of Ryan B. Addison for help.