Family Law Attorneys
Serving Winston-Salem, Thomasville, Lexington, Mount Airy, King, and Everywhere In Between
If you’re bracing yourself for a divorce or custody case, you want an experienced and dependable family law attorney on your side.
Our Firm has served clients and their families throughout the Triad Area of North Carolina for over 30 years.
Schedule your consult today to explore options and learn how we protect families every step of the way.
Visit our office in Winston-Salem for our superior family legal services!
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Family Law Attorneys in North Carolina
There’s no better feeling than finding a family law attorney that you can trust with your family’s future. At Dummit Fradin, we take this responsibility very seriously. Our experienced family lawyers will work with you from day one to create a customized plan of action with your goals in mind. We’ll stay by your side through the entire process so you’ll never feel lost or alone.
Contact us today to schedule a consultation with a family law attorney near you.
There’s no better feeling than finding a family law attorney that you can trust with your family’s future. At Dummit Fradin, we take this responsibility very seriously.
Now with a dedicated Family Law Office in Winston-Salem, NC.
Meet Our Family Law Attorneys
What does a family lawyer do?
A family law attorney, or a family lawyer, can help you with a variety of family law issues in the courtroom. A few of the top family law issues include child support, child custody, adoption, property division, alimony, and more.
Our lawyers are dedicated to helping you understand how family laws affect you and walk you through any process step-by-step.
Below, you can learn more about our family services.
What Our Clients Say
I would like to thank [my attorney] and her team very much for helping me with my case. I really appreciate her candor, honesty, patience, and hard work with my situation. She is a great lawyer also a good negotiator and a deal maker. I am very pleased with the outcome and her handling of my case. Proudly Thank you Dummit Fradin, Attorneys at Law For having [her] in your office. I will gladly recommend her to anyone [who] needs her services. Can’t thank you all enough.
Our attorney was very professional and easy to work with. They explained everything where I could understand it and I went away feeling like I was being represented very well. The paralegal was extremely helpful with the follow-up also. Everyone, including the receptionist, was very friendly and pleasant to work with. I would highly recommend these people to anyone requiring this type [of] service.
We went to Dummit Fradin for a custody case. Our attorney made us feel great about our case. They went above and beyond to get us what we were asking for. Our attorney was so amazing and stood by us the entire way. They made everything clear. We can’t thank Dummit Fradin enough for the results that we got. We would highly recommend them to anyone and everyone.
Divorce in Winston-Salem, Lexington, King, and Everywhere In Between
In the state of North Carolina a couple is only eligible for divorce after a year and one-day of separation has passed. This means that the parties have been physically separated and at least one of the parties intends to end the marital relationship permanently. One of the parties must also reside in the state of North Carolina for at least six months prior to filing for divorce.
Importantly, North Carolina is a “no-fault” divorce state, meaning that factors such as infidelity or abandonment are not considered for the purpose of actually securing a divorce.
A divorce, in and of itself, does not allow the court to consider other issues like:
These are separate matters that you’ll need to discuss with your family law attorney.
Understanding Legal Separation
Many couples commonly misunderstand the concept of “separation” and frequently seek clarification on the term “legal separation.” The initiation of physical separation, indicating that the involved parties no longer share the same residence and at least one party has the intention of terminating the marital relationship, marks the commencement of the one-year statutory separation period. No official documentation is necessary to confirm the separation of a husband and wife.
Yet, in many cases, a separation agreement can be used to resolve most of the marital issues that result from a separation without the necessity of litigation. These include child custody and visitation, spousal support, and property distribution.
The Benefits of a Separation Agreement
Separation agreements can be done in preparation for a couple’s separation or after the parties are living separately and apart.
Separation agreements have many advantages, as they avoid litigation and having a judge make the decisions. They put the power into the hands of the couple, who can reach an agreement on the terms of their separation and make the major decisions for their families and property. Separation agreements are enforceable by the courts through breach of contract claims. This can occur in various forms, including a claim for damages or specific performance for the other party to comply with the terms of the agreement.
Once a couple has been legally separated for at least one year and a day, they are entitled, under N.C.G.S. § 50-6, to a divorce. A separation agreement can be incorporated into the divorce decree upon request of one of the parties in the divorce complaint. Once a divorce decree is entered incorporating a separation agreement, it then becomes part of the court order and is enforceable as such by the courts.
Understanding Legal Separation
Many couples commonly misunderstand the concept of “separation” and frequently seek clarification on the term “legal separation.” The initiation of physical separation, indicating that the involved parties no longer share the same residence and at least one party has the intention of terminating the marital relationship, marks the commencement of the one-year statutory separation period. No official documentation is necessary to confirm the separation of a husband and wife.
Yet, in many cases, a separation agreement can be used to resolve most of the marital issues that are a result of a separation without the necessity of litigation. These include child custody and visitation, spousal support, and property distribution.
The Benefits of a Separation Agreement
Separation agreements can be done in preparation of a couples’ separation or after the parties are living separate and apart.
Separation agreements have many advantages, as they avoid litigation and having a judge make the decisions. They put the power into the hands of the couple, who can reach an agreement on the terms of their separation and make the major decisions for their families and property. Separation agreements are enforceable by the courts through breach of contract claims. This can occur in various forms, including a claim for damages or specific performance for the other party to comply with the terms of the agreement.
Once a couple has been legally separated for at least one year and a day, they are entitled, under N.C.G.S. § 50-6, to a divorce. A separation agreement can be incorporated into the divorce decree upon request of one of the parties in the divorce complaint. Once a divorce decree is entered incorporating a separation agreement, it then becomes part of the court order and is enforceable as such by the courts.
Equitable Distribution
When a couple decides to get divorced, they need to divide their property, assets, and debts from one household into two. It’s best if the two people can reach an agreement on what to do with their property. If you cannot agree, the court will divide up your property with your spouse. In these cases, all the assets of the marriage must be properly accounted for and valued. Your divorce attorney will walk you through this process and protect your interests.
Under North Carolina Law, there is a strong presumption that dividing the marital assets equally (50/50) is equitable. But, in many situations, there is a reason for the court to divide them unequally to make the situation equitable. You can do this with a voluntary agreement or through a claim for Equitable Distribution.
Alimony & Spousal Support
Alimony is money paid from the supporting spouse to the dependent spouse after a divorce. The money is meant to ease the transition and to help the dependent spouse keep the standard of living they enjoyed during the marriage. The amount and duration of alimony depend on a variety of factors. There is no “set formula” for alimony, but rather calculations that are generally accepted by the court to be reasonable amounts.
Equitable Distribution
When a couple decides to get divorced, they need to divide their property, assets, and debts from one household into two. It’s best if the two people can reach an agreement of what to do with their property. If you cannot come to an agreement the court will divide up your property with your spouse. In these cases, it is critical that all the assets of the marriage be properly accounted for and valued. You divorce attorney will walk you through this process and protect your interests.
Under North Carolina Law there is a strong presumption that dividing the marital assets equally (50/50) is equitable. But, in many situations, there is a reason for the court to divide them unequally to make the situation equitable. You can do this with a voluntary agreement or through a claim for Equitable Distribution.
Alimony & Spousal Support
Alimony is money paid from the supporting spouse to the dependent spouse after a divorce. The money is meant to ease the transition and to help the dependent spouse keep the standard of living they enjoyed during the marriage. The amount and duration of alimony depends on a variety of factors. There is no “set formula” for alimony, but rather calculations that are generally accepted by the court to be reasonable amounts.
Child Custody
Child Support
In North Carolina, both parents have a duty to support their children. Child support is based on the North Carolina Child Support Guidelines (“the Guidelines”), which create a presumed reasonable amount of monthly child support. The Guidelines are intended to provide adequate awards of child support that are fair to the child and both parents. The Guidelines take into account a variety of factors to determine each parent’s obligation, including:
- The number of overnights with each parent;
- The relative gross income of each parent.
- Whether either parent has a prior child support obligation;
- Whether either parent has other minor children living in the home;
- Which parent provides health insurance for the minor child?
- Which parent provides work-related childcare for the minor child?
- Extraordinary expenses of the minor child.
The Guidelines will ultimately dictate each parent’s child support obligations. But, it is often a complex process to determine the parents’ incomes and which factors apply. It is important to have a family law attorney review your income and deductions to ensure that you are either receiving or paying the correct amount under the Guidelines.
Note that in North Carolina, child custody and child support are entirely dependent upon one another. Neither parent has the right to withhold support or visitation from the other parent. Some parents refuse to allow visitation if the supporting parent has not made timely child support payments. Other parents refuse to pay child support if they are unable to see the child. In these situations, the aggrieved party must seek help from the Court.
If child support can be resolved amicably, it is beneficial to both the parents and the minor child and avoids the expense of litigation.
Child Custody
Child Support
In North Carolina, both parents have a duty to support their children. Child support is based on the North Carolina Child Support Guidelines (“the Guidelines”), which create a presumed reasonable amount of monthly child support. The Guidelines are intended to provide adequate awards of child support that are fair to the child and both parents. The Guidelines take into account a variety of factors to determine each parent’s obligation, including:
- The number of overnights with each parent;
- The relative gross income of each parent;
- Whether either parent has a prior child support obligation;
- Whether either parent has other minor children living in the home;
- Which parent provides health insurance for the minor child;
- Which parent provides work-related childcare for the minor child;
- Extraordinary expenses of the minor child.
The Guidelines will ultimately dictate each parents’ child support obligations. But, it is often a complex process to determine the parent’s incomes and which factors apply. It is important to have a family law attorney review your income and deductions to ensure that you are either receiving or paying the correct amount under the Guidelines.
Note that in North Carolina, child custody and child support are entirely dependent upon one another. Neither parent has the right to withhold support or visitation from the other parent. Some parents refuse to allow visitation if the supporting parent has not made timely child support payments. Other parents refuse to pay child support if they are unable to see the child. In these situations, the aggrieved party must seek help from the Court.
If child support can be resolved amicably, it is beneficial to both the parents and the minor child and avoids the expense of litigation.
Father’s Rights
There is no presumption as to which parent is more fit. Both parents are deemed to be fit and capable of caring for their children. Child custody is determined based on the best interests of the children. Both parents are allowed to present to the court why they would be a fit parent. Factors the court considers include the safety of the children and acts of domestic violence. However, a judge may consider any factor that he or she deems relevant to the best interest of the child.
At Dummit Fradin, we have a long history of fighting for equal rights for our clients, including men in child custody and child support cases. That means we will seek a fair arrangement allowing for joint legal and physical custody for fathers. While it may seem like you have an uphill battle, trust in our family lawyers to fight for you.
Grandparent Rights (Third-Party Custody)
While grandparent rights and third-party custody are rapidly evolving areas of family law matters, grandparent rights are currently quite limited. State law presumes that a child’s biological parents are the fit and proper persons to care for the minor child. However, in many cases, this is not the case, and grandparents and other family members step in to raise the children.
Grandparent (third party) rights are governed by N.C.G.S. 50-13.1, which provides that;
“any parent, relative, or other person, agency, organization, or institution claiming the right to custody of a minor child (who has not as yet attained the age of eighteen years) may institute an action or proceeding for the custody of such child.”
For a grandparent or third party to be awarded custody of a child, they must show that the biological parents are either unfit or have otherwise acted inconsistently with their constitutionally protected rights as parents.
Alternatively, if there is an ongoing child custody dispute between the parents, grandparents may request to intervene in that lawsuit and ask for custody or visitation. This option is only available where the mother and father have already started a lawsuit. In each of these cases, it is important to hire an attorney who can communicate the needs and desires of your particular situation.
Grandparent Rights (Third-Party Custody)
While grandparent rights and third party custody are rapidly evolving areas of family law matters, grandparent rights are currently quite limited. State law presumes that a child’s biological parents are the fit and proper persons to care for the minor child. However, in many cases, this is not the case and grandparents and other family members step in to raise the children.
Grandparent (third party) rights are governed by N.C.G.S. 50-13.1, which provides that;
“any parent, relative, or other person, agency, organization, or institution claiming the right to custody of a minor child (who has not as yet attained the age of eighteen years) may institute an action or proceeding for the custody of such child.”
In order for a grandparent or third party to be awarded custody of a child, they must show that the biological parents are either unfit and/or have acted inconsistent with their constitutionally protected rights as parents.
Alternatively, if there is an ongoing child custody dispute between the parents, grandparents may request to intervene in that lawsuit and ask for custody or visitation. This option is only available where the mother and father have already started a lawsuit. In each of these cases, it is important to hire an attorney who can communicate the needs and desires of your particular situation.
Father’s Rights
There is no presumption as to which parent is more fit. Both parents are deemed to be fit and capable of caring for their children. Child custody is determined based on the best interests of the children. Both parents are afforded the opportunity to present to the court why they would be a fit parent. Factors the court considers include the safety of the children and acts of domestic violence. However, a judge may consider any factor that he or she deems relevant to the best interest of the child.
At Dummit Fradin, we have a long history of fighting for equal rights for our clients, including men in child custody and child support cases. That means we will seek a fair arrangement allowing for joint legal and physical custody for fathers. While it may seem like you have an uphill battle, trust in our family lawyers to fight for you.
