Family Law: Alienation of Affections & Criminal Conversation
Representing clients in suits for alienation of affection and criminal conversation
North Carolina is one of only a few states that recognize alienation of affections and criminal conversation as torts. At Scott Law Offices in Kernersville, our attorneys provide aggressive, effective representation for plaintiffs and
defendants in these cases.
If your marriage has been destroyed by adultery, and you wish to bring a claim against the third party, or if a claim of alienation of affections or criminal conversation has been brought against you and you would like to discuss defense representation, please contact our Kernersville office to arrange a consultation with a lawyer with experience in similar cases.
Family Law
At Scott Law Offices, our family law attorneys provide clients with sound advice, vigorous advocacy, guidance
and support, allowing the clients to face the future with confidence.
With increased use of ADR measures such as mediation, arbitration, and other methods, fewer family law cases are being litigated than before; many cases are settled before anyone sees the inside of the courthouse. Our attorneys are skilled trial lawyers, however, and for those matters that cannot be resolved outside of court, we represent our clients throughout the entire process.
Our family law practice
Our family law practice covers a broad range of topics, including the following:
• Divorce (dissolution of marriage)
• Custody, visitation
• Child support
• Complex equitable distribution
• spousal support, (post-separation support and alimony), property settlement agreements
• Premarital (ante-nuptial) agreements, post-marital agreements, separation agreements, and property settlement agreements
• Alienation of affections and criminal conversation (claims and defenses,'
• Paternity
• Domestic violence
• Mediation and arbitration appeals to the N.C. Court of Appeals and N.C. Supreme Court
Selecting a family law attorney
If you are preparing for divorce, are involved in a custody dispute or have another family law issue, the result of your proceeding will have a long-term, significant impact on your financial and emotional well-being. You will have to discuss extremely sensitive matters with your lawyer, and the process itself, whether differences are resolved through mediation or at trial, will be emotionally exhausting.
We invite you to call us at 336-993-5000 or e-mail our office to arrange a meeting with one of our attorneys, in which your lawyer will evaluate your goals and resources and advise you on how to proceed. Because circumstances vary greatly, we do not quote fees over the telephone.
Domestic Violence
Resolving Problems With Domestic Violence in North CarolinaIf you need advice about your best alternatives for responding to domestic violence charges, contact Scott Law
Offices in Kernersville. We offer free consultations and help people find ways to overcome charges ranging from spousal abuse to stalking or harassment.
Call 336-993-5000 for Advice About Your Domestic Violence Defense Options
North Carolina has two separate laws addressing different aspects of domestic violence. Chapter 50B of the state statutes covers assault and threats against current or former spouses, cohabitants, roommates or people in past or present substantial dating relationships. Chapter 50C doesn't rely on the existence of a relationship between the alleged victim and perpetrator; it covers stalking and harassment whether or not the people involved even know each other. Both sections allow the person in need of protection to apply to a court for a protective order (Chapter 50B) or nocontact order (Chapter 50C) without notice to the person alleged to have been causing the problems. Both laws allow that person to appear before the court later to tell his or her side of the story.
Dealing With a No -Contact Order
If you have had a protective or no-contact order entered against you under either statute, there are many reasons why you should seek the advice of an attorney to help you get the most out of your right to a hearing. Here's how you can expect to benefit from counsel:
• Examine the facts alleged against you to see whether the order can be vacated at a hearing in the near future
• Understand the consequences of the order in place so you can avoid violations
• Modify the terms of the order so that you can get visitation with your children, access to your personal
possessions, or deal with other inconvenient consequences of a protective order
• Deal with the impact of a protective order on your rights in a pending divorce or child custody dispute
Because the Scott Law Offices concentrates on both criminal defense and family law, our lawyers are especially well situated to advise you about both the criminal and civil aspects of a domestic violence protective order or no-contact order.
For a free consultation about the best ways to approach problems with family violence or harassment charges, contact Scott Law Offices in Kernersville.
Divorce
Kernersville / Forsyth County Divorce Lawyer
Do you need a divorce? What about the children? Will you be able to survive financially after divorce?
Divorce involves serious emotional and financial risks and can be one of life's most traumatic experiences. Marriage is a
powerful legal, financial and social institution, and marriage dissolution must be handled carefully. It is important, if you are considering a separation or if you are already separated from your spouse, that you consult with a lawyer as soon as possible regarding your rights and obligations. By taking certain measures early in the process, your attorney may be able to help you achieve a more favorable outcome. If you have not already discussed terms of separation or divorce with your spouse, it is best to wait to do so until you have legal counsel.
Our firm, Scott Law Offices, has been a leader in North Carolina family law for many years. If you would like to
speak with one of our divorce lawyers, please contact our Kernersville office. Issues to consider may include the following:
• Post-separation support agreement
• Property settlement agreement
• Your rights if your spouse has threatened you
• Equitable distribution and alimony
• Custody, visitation and child support
• Alienation of affections and criminal conversation
• Costs and attorney fees related to divorce
• Mediation versus a divorce trial
At that conference, your attorney will discuss a number of factors, including the length of your marriage, the date of separation, issues involving children, your and your spouse's employment and income, and separate and marital property. After a careful analysis of your situation and your goals, the lawyer will give you advice on how to proceed. Because circumstances vary greatly, we do not quote fees over the telephone.
Custody, Visitation & Child Support
Child Custody — Your Rights as a Parent
When determining child custody and visitation a family court judge, a stranger to those affected, makes decisions that govern parent-child relationships. If you are getting a divorce or are, as a single parent, involved in child custody proceedings, it is important to have an experienced lawyer protect your parental rights.
Custody, visitation and child support — mediation or trial?
At Scott Law Offices, attorneys in our family law practice, provide our clients with sound counsel and powerful advocacy during child custody, visitation and child support proceedings. Whenever possible, our lawyers help our clients resolve some or all points of difference through family mediation or other alternative methods of dispute, working out parenting plans that conserve family resources and allow our clients to provide the guidance their children need. Although the court favors a custody agreement worked out by the parents, we will not jeopardize our client's rights for the sake of the process. If necessary, we are always prepared to go to trial to contest some or all of the points regarding custody and child support.
North Carolina parental relocation and interstate custody
We represent parents living out of state with matters under the jurisdiction of a North Carolina family court. If you are involved in an interstate or out of state divorce, child custody or child support proceeding, and would like to speak with one of our attorneys about your rights under North Carolina law, please contact our Kernersville office.
Consultation and attorneys' fees in custody suits
If you cannot afford a lawyer, you may request that the other party pay your attorney fees. When an action involving custody or post-decree modification of child support, custody or visitation is brought in good faith, the court may award attorneys' fees as part of the decree.
We invite you to call us at 336-993-5000 or e-mail our office to arrange a meeting with one of our attorneys, in which your lawyer will evaluate your goals and resources and advise you on how to proceed. Because circumstances vary greatly, we do not quote fees over the telephone.
Complex Equitable Distribution & Alimony
Alimony, Property Division and Your Economic Future
The economic impact of divorce on your life cannot be overstated. A family income that has until now supported one household must support two. The court will decide whether you can remain in your home, and will divide your personal property, marital assets and marital debt between you and your spouse. If the proceedings include a petition for alimony, the court record may include intimate details of your personal life.
The advocacy of a skilled and committed lawyer is essential during equitable distribution of marital assets and debts, and determination of post-separation support and alimony. Attorneys at our firm, Scott Law Offices, are leaders in
North Carolina family law. We provide our clients with representation designed to help them achieve their goals and to protect their long-term interests. If you would like to speak with a member of our family law practice about divorce and your financial future, please contact our Kernersville office.
Equitable distribution and alimony in North Carolina
In North Carolina, division of marital property is handled by a district court judge. There are three phases to the process: identification of assets as separate and marital, valuation of those assets, and finally, equitable distribution. Our attorneys have handled complex divorces involving as much as million in assets, as well proceedings for those with modest estates. The law on equitable distribution is short. It states that the division should be equal unless, after consideration of 13 factors, the judge feels another division is fair. It is extremely important that the case presented to the judge on your behalf be strong and clear. If your assets include shares in a professional association or business, our lawyers will work with forensic accountants to see that you are treated fairly during the process.
We will explain how you can reduce your legal expenses by doing some of the legwork, assembling records, performing basic research and getting documents in place. It is our goal to provide advice that has maximum value.
Alimony and post-separation spousal support
The court will consider not only the economic needs of each spouse when making a decision about alimony, but events leading to your divorce. At your initial conference, your lawyer will discuss the point at which you began to have marital problems and guide you through any sensitive discussions that follow. Alimony is determined independently of custody/ visitation and child support, and the decree will reflect the needs of the dependent spouse and the resources of the paying spouse as well as any fault. Alimony might be ordered until the death of one party, but more commonly is designed to help the dependent spouse develop skills and reenter the workplace. Alimony is subject to post-decree modification.
Divorce settlements versus trials
Whenever possible, our lawyers will help our clients resolve questions of alimony and division of assets through mediation or other alternative dispute resolution processes, avoiding the expense and publicity associated with a trial. Yet they are also skilled litigators, fully prepared to advocate for our clients at any stage of court proceeding.
Property and Debt Division
Sound Advice About Dividing Marital Assets and DebtsDivorcing spouses often run into confusion and conflict on issues relating to the division of marital assets and
liabilities. At the Scott Law Offices, our lawyers can evaluate your situation and help you anticipate, avoid and resolve any property division problems that might come up in your North Carolina divorce. For further information, contact our office in Kernersville and discuss your options with an attorney who can answer your questions.
Call 336-993-5000 for Advice About Property and Debt Division in Divorce
Our ability to advise you about the division of assets and liabilities covers the full range of situations from low-value marital estates consisting mainly of household goods and consumer debts to complex family holdings of business assets, investment or retirement accounts, vested pensions or other valuable property.
Whether your marital estate is large or small, North Carolina law takes the equitable distribution approach to
property division issues. In other words, the court is more interested in a fair division of assets and debts rather
than a strictly equal one. We can give you a good idea of the circumstances in your divorce case that will bear
most directly on equitable distribution issues.
Our law firm protects our clients' interests on such asset and debt division problems as these:
• Proper characterization of each asset as marital property subject to division or separate property that each
spouse can keep
• Equitable division of marital debts: credit cards, student loans, home mortgage, medical bills, family business
liabilities
• Valuation of family business assets or other investment property
• Characterization and division of 401(k) accounts, defined benefit pensions, IRAs and other retirement assets
• Identification and location of undisclosed marital assets
• Recovery of marital assets that were improperly transferred before or during the divorce
• Recovery of payments from marital assets on the other spouse's separate debts
To learn more about our experience with simple and complicated marital property division problems in North Carolina divorce, contact Scott Law Offices in Kernersville.
Child Custody
Sound Advice in Contested Child Custody CasesAt the Scott Law Offices, our lawyers advise people about the best ways to resolve disputes over child custody and visitation in divorce and paternity cases. We also work with people who need assistance with the modification or enforcement of child custody or child support orders. To learn how our practical approach to the resolution of parentchild issues can benefit you, contact our office in Kernersville.
We Can Help You Keep the Best Interests of Your Children in Focus
North Carolina courts are required to resolve disputes over custody or visitation according to the best interests of the child or children involved. When both parents present conflicting claims as to what that means or when they can't agree on primary physical custody or parenting time, it's up to the court to decide what's in the child's best interests. These decisions are highly sensitive to the facts of a given case, and it's hard to predict how a judge who doesn't know your family will resolve the issue.
Our objective in parent-child cases in family court is to give you a solid understanding of the main factors that a judge will consider in determining your child's best interests, and to help you define your own goals with those factors in mind. Because state policy presumes that a stable and fulfilling relationship with both parents is in each child's best interests, you should be prepared to recognize and respect that interest in all but the most extreme cases, such as when the other parent's fitness comes into legitimate question.
In our experience, family court judges often resolve close cases in favor of the parent they see as the more reasonable of the two. Our attorneys work closely with each client to address your concerns and work toward your goals. Once you understand the legal process, you'll be in a better position to protect your interests and the security of your family relationships during and after the divorce. We make sure that the strengths of our clients as parents are presented to the court in clear terms.
Alienation of Affections
A lawsuit for alienation of affections must prove three facts: there was a marriage based on genuine love and affection, a good marriage, and that it has been alienated and destroyed, and show that the wrongful behavior of defendant was the controlling cause (not exclusive cause) of separation. If the answer to these questions is yes, the question becomes how much the plaintiff can recover in compensation for the emotional anxiety, distress, as well as loss of aid, support and companionship. If the suit is not successful, the plaintiff will incur legal fees of the defendant. Because the jury can consider the entire projected income of the guilty spouse, these cases can involve significant dollar amounts.
Criminal conversation
Criminal conversation is synonymous with adultery. In a criminal conversation claim, the innocent party's attorney must prove that a legal marriage existed and adultery (an act of sexual intercourse outside of marriage) took place between the guilty spouse and the third party. The married couple may have been separated at the time of the adultery, and the claim can be brought even if the innocent spouse was at one time adulterous. A jury can award punitive and compensatory damages. The jury will consider the assets, net worth and income of the guilty party when determining the amount of punitive damages.
Claims for alienation of affections and criminal conversation, although commonly considered part of family law, are not tried in family court, but in the superior court. Our attorneys are highly skilled trial lawyers, with extensive experience in all types of civil litigation. We are well prepared to handle these difficult cases.
We invite you to call us at 336-993-5000 or e-mail our office to arrange a meeting with one of our attorneys. During the conference, your lawyer will evaluate your situation and advise you on how to proceed. Because circumstances vary greatly, we do not quote fees over the telephone.