Attorney Ryan B. Addison
Your family is going through a very rough transition, so you need a lawyer that understands your situation. Attorney Ryan B. Addison has the compassion and experience you’ve been searching for.
In fact, he has been practicing law for over 10 years and serves clients all throughout Davie and Rowan counties. So make sure you place your trust in a true professional that is also a certified mediator.
Are you considering a separation from your spouse? When you have plenty of questions and need real answers, you can always get great legal guidance here. Mr. Addison is a responsive and effective attorney that will help you move forward in the right direction.
Don’t despair; things are going to get better once you act:
- Contested divorce
- Uncontested divorce
- Child custody
- Property division
- Spousal support
- Separation agreements
- Child support
- Name changes
Make sure you have the legal protection that you need:
When you want a lawyer that will take the time to explain all of your options to you, you have to call on Attorney Ryan B. Addison. You won’t regret calling 704-603-4275 to schedule an appointment today!
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.
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. Call the Law Offices of Ryan B. Addison to schedule a consult.
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. Call the Law Offices of Ryan B. Addison now for direction in navigating this process.
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. Call us now to schedule a consultation with the Law Offices of Ryan B. Addison.
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. Call now for help.
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. Call the Law Offices of Ryan B. Addison to schedule an initial consultation.
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.
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.
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.
In North Carolina, a person who is the victim of domestic violence, the victim of threatened domestic violence, or who is stalked or harassed to the degree he or she suffers emotional distress, may file a complaint and motion for a domestic violence protective order. There must exist or have existed a relationship between the parties, such as being family members, current or former dating partners, parties with a child in common, or current or former spouses.
When the complaint and motion are filed, the alleged victim has an opportunity to seek an ex parte (one-sided) temporary protective order until a hearing is set so that the other side may have an opportunity to be heard. This is a civil action, although the violation of the protective order is a crime. In some instances, the court may temporarily award child custody, child support, and/or spousal support. The court may also grant possession of the residence and/or vehicle(s). Many complex issues are involved in these matters, and many potential pitfalls exist for the party under such an order, including jail time. In such a situation, it is wise to proceed with the assistance of counsel. Call the Law Offices of Ryan B. Addison now for help.
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. Call the Law Offices of Ryan B. Addison to schedule a consult.
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, call us for help:
- 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.
- 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.
- 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.
- After the guardianship has been established, we advise individual and corporate guardians concerning their powers and responsibilities in administering the guardianship estate.
This process involves the parties to a dispute coming together, usually following a court order, and working on a mutually acceptable solution with the assistance of a neutral third party—the mediator. Mediation is a mandatory process in disputes that involve custody, equitable distribution, and lawsuits initiated in Superior Court. As a certified mediator, you can trust Ryan for assistance with your mediation needs.
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.
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. Call the Law Offices of Ryan B. Addison for help.
A marital agreement is a contract between spouses or future spouses. It defines rights and responsibilities in the event that the marriage eventually results in a divorce. To be effective, the agreement must be in writing. Call the Law Offices of Ryan B. Addison for help.
Basic Requirements for a Prenup to Be Considered Valid
- The agreement must be completed before marriage.
- The agreement must be written, not oral.
- Both parties must enter into the agreement voluntarily.
- Both parties must provide full and fair disclosure of assets and debts.
- Both parties must sign the agreement in front of a witness and the agreement must be notarized.
- Each party should have his or her own prenuptial lawyer to prepare and review the agreement.
20 Reasons Why You Should Have a Prenup
- Make plans while you are most happy together.
- Address debt obligations.
- A divorce can lead to financial ruin.
- A prenup protects victims who are blindsided by divorce.
- It can protect a business.
- Settle potential alimony issues in a formal agreement.
- Get a better understanding of your spouse’s needs, goals, and concerns before marriage.
- A prenup can ensure the marriage is about the relationship, not the assets.
- A prenup can protect a financially weaker partner.
- You are remarrying.
- You want to protect a specific asset.
- You want to give up something for your spouse.
- Build a firm foundation for marriage.
- A prenup allows both spouses to leave a marriage that isn’t working.
- It can reduce pressure on the relationship.
- It protects both spouses from an unfair settlement.
- It takes the vengeance out of divorce.
- It avoids the drawn-out legal battle.
- It doesn’t need to be awkward or embarrassing.
- To prevent your partner from overturning your estate plan.
If you need help with setting up a pre-nuptial agreement then please get in touch Attorney Addison today!
These documents are frequently used to set out the respective rights and responsibilities of each spouse prior to the entry of a divorce. Experience demonstrates that pursuing this process is often less expensive and less combative than litigation when there are negotiations (give and take) that result in a completed separation agreement; clients save time, money and stress. The separation agreement is a contract that can cover anything and everything the parties agree to as long as it is not illegal. If the parties are unable to agree on some or all of the issues involved, they still have the option of going to court to resolve the remaining matters.
Like any contract, the separation agreement requires a meeting of the minds. You cannot be made, against your wishes, to enter into such an agreement. In fact, there are times when you should not enter into such an agreement; these include situations of domestic violence, substance abuse, or lack of full disclosure and fair dealing. By seeking an empathetic and experienced attorney, you are choosing to take control of your situation and you can be confident knowing that you have a competent guide to help you satisfy all legal formalities and ensure fair, reasonable negotiations. The Law Offices of Ryan B. Addison are ready, willing, and able to help. Call now for help.
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. Call the Law Offices of Ryan B. Addison to schedule a consult.