If You are a
Considering Separation or divorce
We know this is a stressful period in your life, so we will talk to you about expectations, the process, and will work to make this as smooth as possible.
If you want to know
about premarital (& other) agreements
Our team is ready and able to address premarital and postnuptial agreements.
At SeiferFlatow, we have the knowledge and confidence necessary to handle the complex personal and legal issues that affect your family life. With aggressive, yet compassionate advocacy, our Family Law practice focuses on the individual needs of our clients and providing them with the knowledge, tools, and understanding needed to navigate the complicated issues that may arise during the legal process.
Serving Mecklenburg County and clients throughout the region (including Gaston, Lincoln, Cabarrus, Catawba, Burke, McDowell, Union, and Iredell Counties), SeiferFlatow’s attorneys solve problems and pursue the best possible results for our clients. Family Law is personal. It is your life, your home, your finances, your children, and your future.
When choosing your attorney, you need the right person who understands the personal and legal challenges that you face. Trust the attorneys at SeiferFlatow to provide you with the counsel and confidence to make the decisions necessary to move forward in your life and achieve your family goals.
We at SeiferFlatow handle all aspects of Family Law including:
- Child Custody,
- Child Support,
- Equitable Distribution,
- Premarital and Post-marital Agreements,
- Separation and Property Settlement Agreements,
- and Alienation of Affection and Contempt matters.
Child Custody involves two main categories: Legal Custody and Physical Custody. Legal Custody gives one or both parents the right to make legal decisions for the child. These decisions involve education, health care, religion, and the child’s general welfare. Physical Custody relates to where the child resides.
Your kids’ well-being during the divorce process is likely atop the list of your concerns. A number of factors come into play when it comes to child custody. If you are considering separation or divorce, it is best to consult with a professional you can trust. Your children’s well-being and your ability to care for their needs is incredibly important.
North Carolina requires that prior to divorce, spouses live separate and apart for a period of 12 months. The couples must actually live separate and apart; it is insufficient to live in separate parts of the house or separate bedrooms.
Even couples living in separate households who maintain the appearance of being married do not meet the separation requirement. Examples of maintaining the appearance of being married include:
- appearances in public places,
- shared meals,
- shared travel,
- access to one another’s living spaces,
- as well as other factors.
On the other hand, post separation support is money paid from one spouse to another from the time of separation until either the date specified in the post separation support order, or an order awarding or denying alimony. In order to be awarded post separation support, the party asking for it must show:
(1) the parties were lawfully married;
(2) the party seeking post separation support is dependent upon his or her spouse for support;
(3) the party from whom post separation support is sought is a supporting spouse;
(4) the party seeking post separation support cannot meet his or her financial needs; and
(5) the supporting spouse has the ability to pay post separation support.
Equitable Distribution (or ED for short) is the process the court uses to divide assets at the end of a marriage. In an action for ED, the Court must first classify property as either marital, separate, or divisible.
Once the Court divides the property into one of the above categories, the court will typically divide the marital and divisible property equally unless they find that an unequal distribution is necessary. The separate property will stay in the possession of whatever party owns it.
A premarital agreement (more commonly known as a prenuptial agreement, or “pre-nup”) is a contract that two parties enter into before they marry. This contract lays out what the couple will do with various assets and rights in the event of a divorce or death of a spouse. When people think about a premarital agreement they tend to think about issues of trust between the spouses and ensuing divorce, but premarital agreements are also made to help organize affairs if one spouse were to die.
The one thing that North Carolina law clearly states cannot be contained in a premarital agreement is anything that adversely affects a child’s interests.
About Jamie Filliben
As a trained trial attorney, Jamie is no stranger to the courtroom, and zealously defends his clients as they face some of the most challenging decisions and obstacles of their lives. He knows each case is unique and presents its own special challenges. Jamie’s solution-oriented approach makes those special challenges easier to face.