Estate Planning Services Tailored To Meet Your Needs
  1. Surrendering Firearms in Domestic Violence Cases

    Victims of domestic violence often ask me if the abuser can keep firearms after committing domestic violence. My response always begins with a recitation of the following statutes. 50B-3.1 (a) Required Surrender of Firearms. – Upon issuance of an emergency or ex parte order pursuant to this Chapter, the court...
  2. NC Child Support Guidelines

    Child Support in North Carolina is based on the North Carolina child support guidelines. These guidelines can be found online at www.ncchildsupport.com, where you can use an on-line calculator to determine the amount of child support owed. Child support is calculated based upon each parent’s income. It may be paid...
  3. Violation of Court Orders

    Violation of a court order is serious business. This is especially true in family law matters involving child custody, child support, and alimony because violating parties can be sent to jail. When one party violates a court order, the other party can file a Motion for Order to Show Cause asking a judge to force the violating party to appear...
  4. Defenses Against Divorce from Bed and Board

    There are two ways to defend against a claim for divorce from bed and board. First, you can offer evidence to dispute the allegations. Second, you can raise one of the four following defenses: 1. Collusion, 2. Connivance, 3. Condonation, or 4. Recrimination. Let’s take a closer look at each. Collusion is rarely used as a defense...
  5. Divorce From Bed and Board

    There are two types of divorces in North Carolina: (1) absolute divorce and (2) divorce from bed and board. Absolute divorce is the official ending of the marriage, completely ending the marital rights and duties between the parties. To obtain an absolute divorce, the parties need only show that they have lived separate and...
  6. Litigating Child Custody Cases, Part 2

    In Part 1 of Litigating the Child Custody Case we discussed the fact that child custody cases are numerous in the North Carolina court system and include some of the most difficult decisions that judges have to make. This article will discuss some of the preparation needed to make a...
  7. Litigating Child Custody Cases, Part 1

    North Carolina court dockets are full with child custody cases. This should come as no surprise, since marriage usually results in children and nearly half of all marriages end in divorce. Divorces involving children can be highly contentious and extremely challenging for all involved, including the parties, the lawyers, the...
  8. Alimony Award Must Be Equitable

    The amount and duration of alimony to be awarded in any given case is determined by basic principles of fairness and justice. Specifically, North Carolina courts must consider the following sixteen factors: Marital misconduct by either spouse prior to the date of separation; Relative earnings and earning capacities of each...
  9. Who is entitled to Alimony?

    Only a dependent spouse is entitled to receive alimony. To be considered a dependent spouse there must be a showing of substantial dependence upon the other spouse for his or her maintenance and support. Substantially dependence means that a spouse will be unable to meet his or her needs in...
  10. Effects of Absolute Divorce

    An absolute divorce ends a marriage and extinguishes all of the rights and obligations between spouses except those rights and obligations that are preserved by: an agreement, such as a separation agreement; a pending claim filed with the court; or a court order. Upon divorce, all property owned under the...
  11. Collaborative Divorce in North Carolina

    In 2003, the North Carolina General Statutes were amended to include Collaborative Law Proceedings. This new statute created a legal alternative for couples facing divorce. Instead of battling in a public courtroom to resolve their marital disputes, couples could now use the private and non-adversarial collaborative law process to reach...
  12. What is Collaborative Law?

    Collaborative law is a process of resolving civil legal disputes with minimal court involvement. It is governed by North Carolina statute, and it is a popular alternative to adversarial litigation in divorce cases. A typical situation involves a husband and wife who are separated and seeking a divorce. They sign...
  13. What are marital assets?

    You might think your marital assets are pretty cut and dry. Usually, this is not the case. Marital property is primarily houses, furniture and automobiles, but marital assets can also include intangible items, like retirement and investment accounts, business and professional practices, and military benefits. In most cases, any property...
  14. The Cooperative Divorce

    We’ve all heard – and feared – the horror stories surrounding the contentious divorce. It is an unfortunate fact that lawyers are blamed on much of the contention existing among spouses embroiled in divorce. In a perfect world, this would never be the case. The reality is that divorce does...
  15. What Unified Family Courts Mean to North Carolina

    In North Carolina, more than two million cases are filed each year. According to the 2010-2011 annual report, the court system has nearly 6,500 employees, and requires an annual budget of more than $450 million. Obviously, court efficiency is of great concern to any state. Not only does Unified Family...
  16. What Unified Family Court Means to Your Family

    Unified Family Court judges do not rotate or combine their caseloads with other types of civil and criminal cases. They only hear family cases. Because family court judicial appointments are static and not rotating in nature, your family will benefit from having the same judge attend all matters in your...
  17. North Carolina’s Unified Family Court

    North Carolina Unified Family Court is a therapeutic court with judges who specialize in the specific and significant issues involving families and juveniles. Unified Family Courts recognize the special stressors inherent to unique family situations result in enhanced complexity of family law cases causing them to crowd our district court...

Call the Law Office of John P. Fernandez if you have questions or need legal representation in a family law matter. John Fernandez is licensed to practice law in North Carolina. The laws of North Carolina may differ from other states and no information contained herein should be considered legal advice.

About John Fernandez

John P. Fernandez | Child Custody and Divorce Lawyer | Raleigh, NCAttorney John Fernandez works with North Carolina individuals and families who need advice or representation in estate planning and administration matters. John provides an in-depth analysis of each client’s needs and works toward reducing estate taxes, avoiding probate and ensuring that health care decisions are handled appropriately. John helps individuals with modest and large estates achieve their goals.

Connect

John P. Fernandez
Attorney at Law
9555 US Highway 15-501 North
Chapel Hill, NC 27517
(919) 601-5028

Estate Planning Services Tailored To Meet Your Needs

Copyright © 2018 John Fernandez Law. All rights reserved.   Disclaimers