An Overview of Family Law in North Carolina
A well-established body of law in every jurisdiction, family law refers to a wide and diverse range of legal matters that encompass all aspects and issues of family life. In North Carolina, for example, family law matters are generally considered as issues that involve the marriage and family relationship or the parent and child relationship. Here in North Carolina, the body of family law is generally considered to be one that deals with issues such as marital dissolution and divorce, child custody and child support. The family law areas of practice also include issues of domestic relations , domestic violence, abuse and neglect of children, property distribution, adoption, guardianship, alimony and post-separation support, and equitable distribution among the various issues. In North Carolina, as well as in many other states, there is a preference for courts and judges to divide marital and divisible property equitably among spouses at the time of the divorce. The courts also have a preference for the custodial parent to receive child support payments from the non-custodial parent as well.
The Value of a Free Legal Consultation
When faced with a family law problem, you may find yourself unsure about what steps you should take next. As family law is a constantly changing area of the law, the ramifications of each decision you make can have long-lasting effects on your and your family’s future. A free consultation gives individuals the opportunity to address general legal questions and, subsequently, develop a plan of action without any commitment. Consultation services are available for all areas of family law, including separation and divorce, post-separation support, alimony, equitable distribution, post-separation support enforcement, child custody and visitation, child support, adoption, guardianship, and spousal support. A capable lawyer will listen to your story, review any documents you may have, ask clarifying questions, explain your legal options, and provide a general estimate of how much it may cost to retain their services for your case. While you are not under any obligation to retain your attorney after this consultation, the information provided could be invaluable in preparing and ensuring that you have a successful representation if you choose to hire an attorney at a later time.
Who is a Free Consultation for?
The next obvious question is, "Who can benefit from a free consultation?" The resident of Raleigh discussed in the previous paragraph may use a free consultation to settle his case because he will not be challenged by his wife. But who else can benefit from a free consultation? A lot of people.
Contemplate any of the following situations:
When these people contemplate divorce they have all the typical fears: They question whether they can afford counsel; their spouse will tell the children terrible things about them; and of course, they want to know what will happen to their assets. In cases like this, the family law consultation can work wonders during stressful times as it brings a sense of calm and understanding to the parties.
What Happens in a Family Law Consultation?
A typical consultation for family law in North Carolina will start, if you are a new client, by being welcomed to our office and by meeting at the reception area. Once the attorney is ready for you, you will come into a conference room or office that has been set up for your consultation, or, it may be that our office has shifted to a video consultation through programs like Zoom or Skype.
The next logical step is for you to discuss with an attorney your case and what your specific situation is. Many times, we will immediately begin by listening and then asking questions, whether that is about a case that has already been filed or something you are beginning to consider.
Most cases in family law have some or all of the following issues;
An attorney can rarely if ever give you an answer immediately without knowing further details of all aspects of the case. I wish it were different! The most important thing is to have the questions, being open to ask any question, and any concerns or fears you wish to discuss. It is proper and appropriate for you to ask the attorney questions about experience, background, questions of what their immediate thoughts might be, how does the attorney see your options, and what they might do next . There are just a finite number of options for any client, but there are many scenarios that each client may find themselves in. The attorney will give you general scenarios of what might happen.
Specific issues could include the following;
As the questions are being answered, it is really important to understand several things about how a case can go over time. On some cases, the answer is straightforward with a range of time that can be expected for a case to be handled. In other cases, especially if the other party is not cooperating, there could be many variables about the case that may take very different time based on how cooperative each of the parties may be.
There are several thoughts I want to convey in this short space regarding how long a case may take;
Once you have had time to listen to the attorney about how a case may be proceed, it is appropriate for you to ask questions about costs, retainer fees, payment plans, hourly rates versus flat fees, and any other concerns about how the cost of a case may be managed.
How to Select the Right Family Law Attorney
Finding the right family law attorney is a critical step in the legal process. It’s essential to choose someone who won’t just meet your immediate needs but will provide guidance and support throughout what can be a long journey. First and foremost, you want to select an attorney with the expertise and specialization that aligns with both your unique situation and your personal objectives. The level of litigation experience – both settlement and trial work – is one of the most important aspects to identify. The North Carolina State Bar makes it easy to check a lawyer’s credentials, whether or not they are currently licensed to practice law in North Carolina, and are in good standing to practice law.
Past client reviews are also a key part of the process. Your attorney-client relationship is a vital element of working toward your goals. Check reviews on reputable sites before you contact an attorney. Before your initial meeting, complete some research into the attorney’s background including any published works, bar association memberships, legal community involvement, etc. The attorney should also have an active presence on social media, manage a blog, and maintain an up-to-date and professional website. There should be multiple avenues to contact their office for consultation, including phone, email, and messages through the website.
Finally, the attorney’s network of support is another significant component of the equation. A family law firm may have staff members specially trained and dedicated to handle some of the more technical and quantitative issues that arise in these types of cases.
Making the Most of Your Consultation
Maximizing the Benefits of Your Consultation: Some Strategies for Preparing for a Free Consultation
While it is true to form that many clients are merely trying to "pick our brain" in an initial consultation, we do our best to make the time beneficial for both parties. So to take us up on the offer of a free consultation and get the most bang for your buck, there are a few strategies you can employ. First of all, you would come into the consultation with some sort of question or problem, otherwise you wouldn’t be seeking our assistance. Secondly, go ahead and jot down some questions and your statement of the problem before you come in. While no one will stop you at the door and confiscate your notes, it is a good way to come in prepared. With only an hour available, there is a lot of ground to cover in the limited time period. You have the right to control the flow of information and what is most important to you. After all, it is your life’s story we are hearing, and most of the time there is more than just one story for every client. So, first take a little time and sit back, and write down what your immediate concerns are. Keep this in a safe place so that you can have future reference to it as well. Lawyers are not best at keeping the histories of our clients organized! We rely on our staff and systems that we have in place to shower them with the love they deserve .
Secondly, make it a point to come into your consultation with not just a few business cards, but a whole handful of them. This may seem silly, but it is a great way to meet other client’s needs who are seeking help in our firm.
Thirdly, be prepared to take lots of notes. Although we really only charge for the services we provide, and do not charge specifically for the time spent during our free consultations, be prepared that your lawyer will probably take up to 40 minutes with you if possible, sometimes more if the discussion is warranted, and the next appointment will require you to pay for future services. You don’t want to go into that appointment unprepared, or you will feel it is a waste of money and time. We advise you to take notes during the appointment. But if you are like some clients, and writing down notes while we talk makes your head swim, ask the lawyer if you can tape record it, or take notes from the visit later on. My firm allows for note taking or audio recording, but each law firm has different policies in place. If you cannot take notes or audio for some reason, your lawyer can tape that original conversation for future use. While you may think that you will remember information a week or two later, trust me that you forget a lot of the information we gave you. So, take a lot of notes during the visit.