What we do:
W
e are a full service Divorce and Family Law Firm, : including, but not limited to, absolute divorce, child custody, child support, equitable distribution of property, spousal support issues of alimony and post separation support. Please see the basics of separation and divorce for more information on the law in each area.We handle enforcement issues for when your prior agreements with your spouse are violated. When a separation agreement is violated, a breach of contract action may exist. When a court order is violated, a contempt proceeding may be needed. We handle both of these issues and can advise you on other methods that may work to obtain the cooperation of your former spouse on following the order or agreement you already have.
Finally, we can assist you with claims for alienation of affection and criminal conversation. These are claims you may have against the person who has interrupted your marriage and caused the alienation of your spouse against you.
Why we do it:
We handle enforcement issues for when your prior agreements with your spouse are violated
We operate from the belief that there is light at the end of the dark tunnel you entered when the words separation or divorce first entered your life and we want to help you find the way there. Disputes with your spouse and/or disagreements regarding how to raise your children are some of the hardest things in the world to manage. We decided that we would have a client focused law practice with the goal of having a cost-effective, positive resolution for the clients that place their trust in us.
Here at Cape Fear Family Law our mission statement is:
Assisting and advising our clients with their legal, emotional, and financial decisions during the difficult transition of separation and divorce while maintaining cost effective fees that clients find value in.
How we do it:
There are generally three (3) ways to resolve the legal and financial issues that you have with your spouse:
1. Collaborative Law – this is a method where both parties retain collaborative attorneys, sign a pledge agreeing not to go to court, and then participate in meetings aimed at resolving all the issues the parties have in a win-win negotiation model. The parties discuss setting up two new households, parenting arrangement, and cash flow needs. The parties end the process with a separation agreement which details all of their understandings and agreements made during the collaborative meetings.
There are generally three (3) ways to resolve the legal and financial issues that you have with your spouse
Some of the many goals of collaborative law can be:
- avoiding, and agreeing not to enter into, costly litigation and lawsuits
- positively handle, minimize, and resolve conflict between parties that are separating and/or divorcing.
- helping parents to determine positive parenting
- reducing and minimizing the expenses surrounding divorce while ensuring that both parties have competent legal representation.
2. Traditional Non-Litigation – this method is the one that the majority of clients participate in and recognize. The parties both obtain information on their finances, calendars of how they envision their custodial schedules should work, and exchange information through their attorneys with the goal of finding resolutions. Each party’s attorney will then help the party to establish a range of options and strategies, initiate communication and later negotiation, and draft a separation agreement and all corresponding documents.
Mediated settlement conferences, otherwise known as “mediation,” is a standard process that most parties participate in when they engage an attorney and commence with the traditional non-litigation method of resolving their ongoing concerns. In this process, the parties jointly retain and share the expense of a neutral, trained mediator who can help the parties and their attorneys come to a resolution. Remember that participating in mediation with an attorney may be difficult simply because as offers change the landscape of the legal and financial decision, a mediator cannot advise you on the law and how accepting or rejecting the current offer proposed by your spouse may affect you and/or your children long term.
3. Arbitration & Litigation – these methods both generally start out the same way, with a complaint being filed with the court.
Arbitration is the process where the parties select and jointly pay for a neutral arbitrator. The parties can choose between binding or non-binding arbitration. Although the parties have to pay the costs of the arbitrator, this process generally saves them attorney fees as it moves to an arbitration date and therefore resolution quicker.
Litigation is where the parties are relying on a judge, who is an elected official that is employed by the State of North Carolina, to make a binding ruling on the parties’ legal issues that they cannot resolve amongst themselves. This process is generally the most expensive in terms of legal fees.
About Cape Fear Family Law
Part 1
About Cape Fear Family Law
Part 2
About Cape Fear Family Law
Part 3