Jim Siemens and Siemens Family Law Group are recognized again in the 2022 editions of North Carolina Super Lawyers, Business North Carolina’s Legal Elite, and U.S. News Best Lawyers and Best Law Firms.
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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.
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Mediation 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.
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We are optimistic that more issues will begin to be addressed in court again starting in June, but those court sessions will look different than what we are accustomed to, and many issues may be addressed online through teleconference rather than in the courtroom.
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When 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.
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North 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.
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We are here to do our part when you are faced with challenges in your life related to separation and divorce. COVID-19 doesn’t change our mission of justice through zealous advocacy. You can have our best advice, consultation and services from the safety of your home.
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Siemens Family Law Group is excited to welcome Ellen Rose to the Firm! Ellen is a family law attorney and certified family financial mediator with a special interest in custody cases, mediation, and collaborative law. Ellen brings over 20 years of experience in family law to her practice.
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Judges 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.
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The 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.
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North 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.
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How does a judge determine the amount and duration of an alimony award? One of the goals of alimony is to ensure that a dependent spouse has adequate resources to meet his or her needs in accordance with the standard of living established by the parties during their marriage.
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When 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.
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I 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.
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North Carolina courts recognize two forms of child custody: “physical custody” and “legal custody.” Physical custody refers to the right of a parent (or guardian) to have actual physical custody of the child. Legal custody refers generally to the right of a parent (or guardian) to make important decisions on behalf of a child, such as those pertaining to the child’s health, education, discipline, and religious or spiritual training.
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Discovery is a legal term used to describe various processes that may be used to investigate and discover facts relevant to your case. After a lawsuit has been filed, your attorney can use discovery to obtain information and documentation to support or defend claims and investigate allegations asserted by either party.
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Once you have made formal arrangements to retain a divorce attorney, usually indicated by signing a fee agreement and paying any required retainers, your attorney will begin work on your legal matters.
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Going 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.
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