Family Law Attorney in North Carolina for Your Case
About Miller Cushing Holladay
At Miller Cushing Holladay, we focus our practice exclusively on family law. Family legal disputes are sensitive subjects, and our North Carolina family law attorneys handle each case with the respect and discretion it deserves. When you become a client of Miller Cushing Holladay, you will be able to draw on the knowledge and experience of a team of Charlotte divorce lawyers with more than 80 years of collective experience, including Board Certified Specialists in Family Law.
As a client of Miller Cushing Holladay, you will work individually with a Charlotte family law attorney to determine what legal strategies work best for your unique situation. We have a team of attorneys who are ready to assist, whether you need help navigating a settlement outside of court or strong advocacy at trial. As part of that process, we are committed to clear communication with clients so that you are able to make timely and informed decisions in your case.
While we pride ourselves on working as a team, you can also rest assured knowing that the attorney you hire at the outset of your case is the attorney who will guide you throughout your case to achieve your individual goals. You will have a personal relationship with your attorney, which ensures that your specific needs are addressed as they lead you through the legal process and seek to obtain the best possible results for you and your loved ones.
Types of Family Law Cases We Handle
In addition to assisting clients with child custody, child support, spousal support, and property distribution that often result from a divorce, our team of divorce lawyers has extensive experience guiding spouses, parents, and other parties through the legal system for the following other North Carolina family law issues:
In North Carolina, you may have the right to file for annulment instead of seeking a divorce, such that your marriage is considered to have never occurred in the first place. This can be a powerful process, given that parties cannot file for a divorce for an entire year after they are separated. While grounds for annulment are often limited, our annulment lawyers can help guide you through the process and discuss your options.
A victim of domestic violence may seek an emergency protective Order followed by a longer-term restraining order. The type of Order parties are able to seek–either a Domestic Violence Protective Order or a No-Contact Order–depends on the relationship between the parties in the case. Our domestic violence attorneys are ready to provide you with legal help for your domestic violence case.
North Carolina law recognizes LGBTQ parental rights when it comes to child custody disputes as well as other areas of divorce. LGBTQ child custody cases often involve complex constitutional issues depending on each family’s circumstances. You can count on our LGBTQ family lawyers to assist with your LGBTQ family law case.
Drafting prenuptial agreements is an effective way to address property rights, alimony rights, and other important rights before marriage in the event parties later separate. There is no such thing as a one-size-fits-all premarital agreement, so it helps to first speak with an attorney about your specific goals before drafting. Our prenuptial agreement lawyers can assist whether you need an asset-protection prenup or otherwise.
Drafting postnuptial agreements can often be an effective way to address property ownership amongst spouses while still married or in anticipation of a divorce. Whether you need help drafting or enforcing postnuptial agreements, our postnuptial agreement lawyers can assist in the process.
Paternity testing laws often serve a critical role in child custody, child support, and other family law cases. Depending on the case, it may be that we need to initially establish paternity of a father prior to proceeding, or that we actually need to disestablish paternity that was improperly established. Our paternity lawyers are glad to assist you, whether you need to establish paternity, disestablish paternity, or otherwise.
While some cases may involve just one or two of the above issues, we often find that family legal matters involve numerous issues related to one another, which require a comprehensive approach. For example, alienation of affection and criminal conversation claims are almost always handled together, and both claims can also have a substantial impact on spousal support. Another common area of overlap occurs when addressing the impacts of a prenuptial agreement or postnuptial agreement when a marriage ends in divorce. Both forms of contracts will likely have a substantial impact on any divorce.
North Carolina law recognizes legal adoption by stepparents in certain situations. If a stepparent has been involved in their stepchild’s life for a certain amount of time and meets other legal requirements, they may petition for a stepparent adoption to adopt their stepchild. Some stepparent adoptions are consented to by both parents, although, when one parent will not consent, an action for termination of parental rights may be necessary as part of the stepparent adoption process. Whatever your case may be, we have experienced stepparent adoption lawyers who can assist in your case.
A cease and desist letter can be a helpful way to address unwanted contact or communication by another party without having to go to court. Cease and desist letters can address all sorts of inappropriate conduct, such as harassment, unwanted contact, or even a third party defaming your name or character. If you are having trouble with these sorts of issues, we have a team of cease lawyers who can help.
In North Carolina, a victim of unwanted contact, harassment, or certain other unlawful behavior may seek a No-Contact Order restraining another party from having any contact with them. Whether or not you will be able to file for a No-Contact Order or Domestic Violence Protective Order will depend largely upon your relationship to the party you are seeking to restrain from further contact. Suppose you need help ending unwanted contact or harassment and are thinking about filing for a No-Contact Order. In that case, we have a group of experienced family law attorneys who can assist with your case.
A North Carolina Domestic Violence Protective Order is a powerful tool for victims of domestic violence to protect themselves from further domestic violence. Parties that are related by certain familial and other close relationships, such as spouses, family members, former or current dating patterns, and former or current housemates, may seek a Domestic Violence Protective Order in North Carolina. If granted, a Domestic Violence Protective Order will not only prevent further contact with a protected party but can go even further, such as evicting a party from a home or even setting forth temporary custody of children. Our firm’s family law attorneys can assist you in your case, including filing for and then appearing in court to obtain a Domestic Violence Protective Order.
North Carolina is one of the few states remaining in the country that recognizes alienation of affection as a legal claim. An alienation of affection lawsuit is a lawsuit filed by one spouse against a third party who has alienated the filing party’s spouse from them, generally through an affair. Ultimately, the third party could be held liable, including being required to pay substantial sums to the filing spouse for engaging in an affair or other inappropriate conduct. At Miller Cushing Holladay, we have experienced alienation of affection lawyers who have successfully assisted with pursuing claims for alienation of affection as well as defending claims for alienation of affection.
Along with alienation of affection, North Carolina is one of a small number of states in the nation that still recognizes the claim of criminal conversation. Criminal conversation in North Carolina is generally defined as the act of a third party engaging in sexual relations with a married person. In such a situation, the married person’s spouse may sue the third party and seek monetary damages. Whether you need assistance pursuing or defending a claim for criminal conversation, we have a group of family law attorneys who have assisted clients through numerous criminal conversation cases.
In North Carolina, a parent may want to legitimize a child born out of wedlock as the child of a given father. There are multiple benefits of legitimizing your child aside from establishing legal fatherhood, including ensuring important estate rights for your child. Legitimation may also be necessary when a mother gives birth to the child of a man to whom she is not married. Whether you are a mother or father seeking to legitimize your child, our firm has legitimation attorneys who can help you through the legal process, which will involve filing a case for legitimation.
A parent’s parental rights may be terminated in North Carolina in certain limited, but important, circumstances to protect a child. The process of terminating parental rights can be initiated by a local Department of Social Services, but can also be instituted by private parties such as parents or grandparents. If you need assistance with a termination of parental rights case, it is important to speak with an attorney, given the exceedingly high standards involved to prove grounds such as abuse, neglect, dependency, or otherwise. At Miller Cushing Holladay, our termination of parental rights lawyers are capable and ready to assist in your case.
Both adults and minors may be entitled to a name change in North Carolina. Regardless of the party filing, the name change process involves filing a civil action to change your or your child’s name. While a civil action is required for all parties seeking a name change, the requirements do vary depending on whether the name change is being sought for an adult or a minor child. If you have questions about how to change your name or your child’s name in North Carolina, please contact us today to speak with one of our name change lawyers.
Given the interplay between different types of domestic claims, it is important to have a legal strategy that addresses the impacts of all claims together rather than each on its own. Our Charlotte divorce attorneys are adept at addressing these issues right at the outset of your case.
Understanding Family Law in North Carolina
While the practice of family law in North Carolina is often focused on major issues such as child custody, child support, equitable distribution (i.e., property division), and spousal support (i.e., post-separation support and alimony), which can arise as part of the divorce process when a marriage ends, North Carolina divorces also include other family law issues for both married and unmarried parties. Broadly speaking, North Carolina law also covers other important domestic relations such as domestic violence, the drafting and negotiation of contracts such as prenuptial agreements or premarital agreements, postnuptial agreements, and separation agreements, paternity, annulment, and other important areas.
An important consideration in every family law case is whether a matter will be handled either outside of or in court. Many cases can be resolved without the need for litigation through negotiation between attorneys and parties, but also through the use of mediation. If a case can be resolved out of court, it is important that the agreement be reduced to a binding and enforceable contract, which will vary depending on the type of case.
In the event court is necessary, North Carolina law outlines specific courses of action aggrieved parties may take in court to protect their rights, hold others responsible for any harm done to them, and to prevent further harm, when necessary. Depending on the type of family law claim, court cases can range from one hearing in a matter of weeks to complex litigation, which can take substantially longer. While a judge or arbitrator will make the ultimate decision, either by entry of a Court Order or arbitration award, there are many steps along the way, including discovery, the filing and defense of motions, and other important steps that will have a major impact on the final outcome.
Domestic Violence Laws in North Carolina
Domestic violence touches upon many aspects of domestic relations laws in North Carolina. An experienced domestic violence attorney can assist with issues ranging from assisting victims of abuse seeking restraining orders to addressing the interplay between domestic violence and other domestic claims, such as spousal support, child custody, and other aspects of a divorce.
Domestic Violence Protective Orders and No-Contact Orders
A victim of domestic violence in North Carolina may seek an emergency protective order followed by a longer-term restraining order. The type of order parties are able to seek will depend on the relationship between the party seeking a restraining order and the party defending such a claim, whereby certain parties may file for a Domestic Violence Protective Order, and other persons may need to file for a No-Contact Order instead.
In general, a victim of abuse in one of the following “personal relationships” may be entitled to a Domestic Violence Protective Order:
- Current or former spouses;
- Persons who live together or have lived together;
- Parents and children;
- Parents who have children in common, and
- Current or former dating partners or significant others.
If a victim is related to their abuser in one of the foregoing ways, they may be able to seek and obtain a Domestic Violence Protective Order. However, even when a victim is not related in one of these ways, they still have the option of obtaining a civil No-Contact Order to protect themselves and prevent further harm.
There are other important distinctions between a Domestic Violence Protective Order and No-Contact Orders, in both what it takes to obtain these sorts of restraining orders, but also the impact of said orders. For example, whereas a party seeking a Domestic Violence Protective Order must prove one of three categories of “domestic violence” as defined by Chapter 50B of the North Carolina General Statutes, a party seeking a No-Contact Order must instead prove “unlawful conduct” as set forth in Chapter 50C of the North Carolina General Statutes. While both terms include some overlap, there are also key distinctions between the two.
When it comes to the impacts of a Domestic Violence Protective Order and No-Contact Order, each can provide important protections such as restraining an abuser from further contact with a victim, including preventing a party from being in their presence, going to certain places, and engaging in further communication. However, Domestic Violence Protective Orders can go a step further, including evicting abusers from a home, requiring abusers to forfeit and not possess firearms, granting temporary custody, and even requiring attendance in an abuser treatment program.
In addition to the greater relief provided by a Domestic Violence Protective Order, these types of orders are also enforceable by law enforcement with violations punishable as a criminal act, as opposed to No-Contact Orders, which are enforceable by contempt of court. While either route can result in incarceration for a party that violates a restraining order, the assistance of law enforcement and ultimately the District Attorney’s office as part of the enforcement of a Domestic Violence Protective Order is a powerful enforcement tool.
No matter your situation, our team of seasoned lawyers can assist you with your restraining order case. Domestic violence cases often necessitate quick and decisive legal representation that our team of attorneys can assist you with at every step of the process.
Domestic Violence in Family Law Cases
Domestic violence laws in North Carolina involve many aspects of a family law case. Aside from the impacts of a Domestic Violence Protective Order, which could be as far-reaching as establishing temporary child custody or even evicting another spouse or parent from a shared home, the presence of domestic violence often plays a key role in other aspects of domestic cases and divorce in North Carolina.
Domestic Violence and Child Custody
The most important consideration of domestic violence in any divorce or domestic case in North Carolina is the consideration of domestic violence when it comes to determining child custody. North Carolina courts are tasked with determining what is in the best interest of children in child custody cases. A critical part of making that “best interest” determination is addressing the presence and impact of any domestic violence, whether it has been between one parent and another parent, a party in the child’s presence, or directed against a child. Regardless of the situation, it’s imperative that your attorney collects and presents all of the evidence necessary so that domestic violence can be recognized and dealt with in your child’s custody order.
Domestic Violence and Property Distribution
A Domestic Violence Protective Order can have a large impact on the outcome of a property distribution case for parties going through a divorce. For instance, such a restraining order could require the eviction of one spouse from a marital home, which could otherwise take many months through other means. In addition, a judge entering a Domestic Violence Protective Order also has the ability to assign possession of certain personal property, including vehicles and family pets. While the terms of a Domestic Violence Protective Order will not decide ultimate ownership of real and personal property, even the quick determination of possession of that property can be a valuable tool, rather than waiting the months it would otherwise take to address these issues in a typical divorce process.
Domestic Violence and Spousal Support
Another important interplay between domestic violence and family law cases is the area of spousal support. When determining whether to order alimony, how much to order, and for how long, Judges are required to include a list of factors, including marital misconduct perpetrated by one spouse against the other spouse. Domestic violence is one of the forms of marital misconduct that Judges consider when making that determination.
Experienced Domestic Violence Attorneys
At Miller Cushing Holladay, we have a team of seasoned domestic violence attorneys who have assisted clients through all stages of obtaining restraining orders, as well as addressing domestic violence in other areas of domestic law. We understand how difficult it can be to address domestic violence. We are committed to listening and supporting you through whatever legal process lies ahead.
Why You Need an Experienced North Carolina Family Law Lawyer
An experienced North Carolina family law lawyer is key to achieving the best possible results in your case. While there are many great attorneys that practice all types of law throughout North Carolina, it is crucial to find an attorney who has experience specifically in the area of North Carolina family law.
An attorney who practices primarily or solely in the area of North Carolina family law is an important part of any legal strategy, given that they can assist you not just with understanding specific North Carolina domestic relations laws, which apply in your case, but also the particular nuances in those laws that will form a measured legal approach. Any legal strategy should not paint with broad strokes but rather focus on the finer details of your case. A wealth of knowledge about the particular case law, statutes, and local rules that will impact your case helps address those finer details.
Experience also means that an attorney will be able to speak to what they have seen work—and not work in North Carolina courts, as well as provide a read for what to expect from your local judges. While no attorney has a crystal ball to determine exactly what comes next in your case, including exactly how a judge may rule or another party may react, experience—both individually and firmwide—provides a basis to at least make informed decisions based on prior results. At Miller Cushing Holladay, we proudly draw on 80 years of collective experience when addressing your case.
Another important but often overlooked component of experience is the ability to provide objective counsel. While your interests and goals are always our top priority, a bedrock of any attorney-client relationship is an honest dialogue between clients and their attorneys. Oftentimes, the best way for our team to protect your position and help you achieve your goals is to give feedback on the advantages and disadvantages of certain legal positions, as well as the strengths and weaknesses of your case. We believe this is the best way to serve you—to ensure you are making clear-eyed and well-informed decisions that will impact your life and loved ones.
Choosing the Right Family Law Attorney in North Carolina
Determining the right family law lawyer in North Carolina depends on multiple considerations. First and foremost, you need to feel comfortable with the attorney you hire. You are going to make some of the most important decisions in your life as a parent, as a spouse, or otherwise, and thus it is important that you have a comfortable relationship with that attorney from the outset of your case. At Miller Cushing Holladay, we will schedule an initial consultation for you with one of our attorneys, not only so you can meet with an attorney to learn your legal rights and options, but also so that you can make sure we are the right fit for your case.
An important part of the initial consultation is speaking with your attorney about the approach you believe, and they advise, your case will need. Whereas some cases may best be served by a collaborative approach that focuses on protecting your rights outside of court, other cases may require filing and aggressively pursuing legal claims in the courts to protect your interests. Either way, it is crucial that you and your attorney are on the same page from the outset.
Another crucial conversation that you should have with your attorney at every stage of the case is how the costs of taking any sort of legal action weigh against the benefits of doing so. Oftentimes, it may be that you have a legal avenue we can pursue, but the costs of doing so might outweigh the benefit of what you seek to gain. The choice is ultimately yours to make in any given situation, but it is important to have conversations with your attorney along the way about these sorts of considerations. At Miller Cushing Holladay, we pride ourselves on having these sorts of frank cost-benefit conversations with our clients, as we think it is part of having an open and well-informed relationship with them.
Schedule a Consultation
The first step to every attorney-client relationship is an initial consultation. During that initial consultation, you will have an opportunity to explain the details of your situation as well as your goals to the attorney. One of our attorneys will then explain your rights, discuss options for action, and walk you through the next steps to move things forward in your case.
Please call our office at 980-321-5590 when you are ready to schedule a consultation with one of our experienced Charlotte family law attorneys.
