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Family Law


The decision to end a marriage is one of the most profound and distressing choices a person can make. Entering into that decision without competent, experienced legal counsel can be equally devastating. You have rights and responsibilities with respect to your spouse and your children that must be addressed during a time when your emotional self is at its most vulnerable. Choices related to child custody and visitation, child support, parental decision making responsibilities, spousal support, the right to continue to reside in your marital home, and the division of your assets and debts are serious issues that will affect you for the rest of your life. Decisions made early on in your separation will have a long lasting effect on the eventual outcome of your case. Even in situations where you and your estranged spouse are getting along and attempting to work together, not knowing your rights can affect you and your children for years in the future.

That is where the attorneys of Hodges & Coxe can help. At Hodges & Coxe, we understand that separation and divorce completely changes your life. We can help remove the apprehension and uncertainty and assist you in making that change a positive one. We know the rights, responsibilities and necessary protections that must be sought under the law. The right lawyer can make a real difference in the outcome of your case. By educating you and guiding you through complex legal decisions, our lawyers allow you the peace of mind to focus your energies on rebuilding your life. Since we do not ever charge you for a consultation, the choice of whether to seek our advice is simple. Deciding to end your marriage is one of the most difficult decisions you will ever face, choosing a law firm to get you through it doesn't have to be. Contact us today at (910) 772-1678.

Absolute Divorce and Date of Separation and Separation Agreements

Absolute Divorce and Date of Separation and Separation Agreements: Top »

How do I get divorced in North Carolina?

You can obtain an absolute divorce from your spouse upon the filing of a lawsuit and establishing: 1) that you are a North Carolina resident (you have lived in this state for at least six consecutive months prior to filing) and, 2) that you and your spouse have been separated continuously for one year. Like most U.S. States, North Carolina is a "no fault" divorce state. This means that, in order to obtain an absolute divorce, neither spouse has to allege or prove any type of "marital fault" (for example, adultery, domestic violence or other cruel and abusive behavior, economic misconduct/marital fraud, habitual drunkenness or addiction, abandonment, etc) has occurred. It is not even necessary that you and your spouse have formed an agreement to separate. So long as you have made the decision that you no longer wish to live together with him or her as a spouse, you inform them of your decision to separate, and you take steps to live separately and apart, you have satisfied the requirements of North Carolina law. In many instances, we can work with you to obtain an absolute divorce without your ever having to step foot in a courtroom.

It is important to remember that there are many marital issues that are not solved by merely obtaining an absolute divorce. In fact, certain claims, such as those for spousal support or for the division of a marital estate, must be handled prior to getting an absolute divorce. Once the Court grants your divorce, you have waived your rights to seek a judicial determination of important marital rights. It is crucial to discuss what, if any, claims you may have with an experienced attorney prior to seeking a divorce. At Hodges & Coxe, we understand which rights are implicated in your decision to divorce your spouse and can assist you in making sure valuable claims aren't lost in the process. Contact us today for a consultation at (910) 772-1678.

What is my date of separation?

You do not need a separation agreement or other piece of paper in order to consider your self "legally" separated. Your date of separation may be considered the date upon which you have informed your spouse of your desire to end the marital relationship and have acted on that intentionÑthat you have taken steps to live "separately and apart." Usually this means that at least one spouse must depart the marital residence. In North Carolina there really is no such thing as "legal" separation. This is a frequently misunderstood area of the law and an example of why divorce planning without the assistance of experienced legal counsel can result in costly mistakes. If you are in the position of wanting to separate but neither you nor your spouse is willing to leave the marital home, help is available. Divorce planning is an important part of our practice. We can assist you in making crucial decisions which will protect you and your children prior to informing your spouse that you wish to end your relationship. Proper planning can make all the difference. Contact us today for a consultation at (910) 772-1678.

Do I need a separation agreement in order to get divorced?

Many separated couples who are able to amicably resolve their issues may consider a separation agreement. Separation and Property Settlement Agreements are a unique form of marital contract through which you and your spouse may negotiate issues of property division, support and custody, often aimed at preventing you from having to go to court. Once signed by both parties, these Agreements remain in full force and effect throughout your separation and are usually incorporated into a later divorce judgment, at which time they become an enforceable order of the Court. Separation Agreements are enforceable against a non-performing spouse both during your period of separation and following your divorce. Once incorporated into your divorce judgment, provisions of a Separation Agreement related to support, custody and visitation remain modifiable according to the same rules and requirements which govern all court orders.

Separation Agreements are an attractive option for many people who wish to amicably resolve issues which arise as a result of their marital separation. Separation and Property Settlement Agreements are often much less costly in terms of both your financial and emotional investment, and they provide spouses with a great deal of control over the outcome of their particular case. Separation Agreements can be custom-tailored to your unique situation, taking into account each family's personal needs and priorities. When compared with lengthy litigation in which a judge decides the outcome of your case, such control is extremely attractive. For these reasons and many others, executing a Separation and Property Settlement Agreement may save you a great deal of time, money and emotional turmoil as compared to traditional matrimonial litigation. However, even where you believe that you and your spouse can agree to settle the issues between you, the importance of obtaining experienced legal counsel to assist you cannot be overstated.

Successfully reaching a settlement in the face of the breakup of a marriage is a daunting task, even for the most seasoned negotiator. At Hodges and Coxe, we have the knowledge and experience to help you identify the issues of most importance to you, as well as those issues upon which your spouse is likely to focus. Once we have discussed your individual priorities and objectives, we employ our many years of training and negotiation experience to achieve a favorable settlement for you. Make a consultation today to discuss drafting your Separation Agreement, or to review a contract that has been presented to you. Never sign anything until you have spoken with an attorney and been advised of your rights. We are here to protect you and your family. Contact us today for a consultation at (910) 772-1678.

Child Custody

Child Custody:Top »

North Carolina child custody law governs rights and responsibilities for the care of unemancipated minors, who have not yet reached the age of 18, or who have reached the age of majority but who suffer from certain types of mental or physical disabilities. Disputes over physical custody and visitation, as well as legal custody (the right to access medical and educational records and to make or participate in the making of decisions on behalf of the minor child) are often one of the most fiercely contested areas of family law. Custody encompasses all facts and evidence which can be shown to affect the best interest, health and welfare of your minor child. There is no longer any preference for mothers of fathers under North Carolina law, the so-called "tender years" presumptions. The Court, in deciding between parents, must take into consideration the whole picture and will award custody based upon what the judge believes to be in the best interests of the child. This is necessarily a fact-driven analysis which is undertaken on a case-by-case basis. The Court may order, after considering all the evidence presented, award sole custody to one parent, shared custody between the parents, or primary physical custody to one parent and secondary custody, or "visitation" for the other. In cases involving more than one child, split custody arrangements (where each child resides with a particular parent) are a possibility but a very rare occurrence.

In part because child custody determinations are so heavily dependent upon the facts in evidence, having competent legal counsel there to represent you is crucial to obtaining your desired result. You may have evidence that your spouse is not properly suited to care for your minor child, or that a particular custodial arrangement would or wouldn't be in the child's best interest. All this evidence is meaningless, however, if you do not know how to get it before the Court. At Hodges and Coxe, we understand that your children are your number one priority. We work diligently and tirelessly to represent your custodial rights and to protect your children and serve their best interest. Contact us today for a free consultation at (910) 772-1678.

Custody Modification

Custody Modification:Top »

Although custody is always modifiable upon a showing of a substantial change in circumstances affecting the welfare of your minor child, such changes can often be expensive to undertake and difficult to achieve, so it is of utmost importance to seek legal counsel prior to your initial custody determination to discuss your rights and expectations regarding your minor children. There are also issues related to third party visitation, such as grandparent visitation, which are strictly proscribed in this State and therefore crucial topics to discuss with your attorney prior to signing a Custody or Settlement Agreement or filing a suit. At Hodges & Coxe, we never charge you a consultation fee, making your decision to speak to us about your particular custody case an easy one. Contact us to set up an appointment at (910) 772-1678.

Child Support

Child Support:Top »

In North Carolina, child support and child custody are mutually exclusive claims, meaning that a parent or guardian cannot condition one upon the execution of the other. For example, you have no right to withhold custody or visitation from your estranged spouse or partner because he or she has failed to make adequate or timely child support payments. Conversely, you cannot demand custody or visitation because you have provided support. Child support is, by law, required to be paid by a non-custodial parent or guardian for the benefit of the minor child, therefore the claim, although it may be advanced by a custodial parent or guardian on behalf of a child, is a right unrelated to the right of custody itself.

North Carolina child support laws take into consideration the gross monthly income, from all sources, of the child's parents or legal guardians. The legislature has provided us with Guidelines by which we assess the appropriate amount of support based upon the custodial arrangement and the number of children, and further taking into account the parents' incomes and various adjustments available under the law. Competent legal advice is crucial to you and your children in the determination, enforcement or modification of a child support award. Many variables may affect the child support obligation including the payment of health insurance premiums on behalf of the child, private school tuition, obligations to support other children, special medical, educational or other extraordinary needs of the child. There are also important tax considerations to take into account, primarily the right to claim the minor child as an exemption for income tax purposes. As parents, you and your partner have a great many rights and responsibilities with regard to the support of your minor children. At Hodges & Coxe, we understand and can implement the North Carolina Child Support Guidelines and applicable State and Federal laws to protect you and your children in this time of uncertainty and stress. We have prosecuted and defended child support claims in New Hanover, Pender, Brunswick and Onslow counties. Contact us today for a consultation at (910) 772-1678.

Equitable Distribution

Equitable Distribution:Top »

The division of marital and divisible assets and debts in North Carolina is handled in a process known as "equitable distribution." The Courts undertake a step-by-step analysis during which marital property is identified, valued and distributed equitably. While there is a presumption that such distribution is equal as between spouses, this is not the guaranteed result. Equitable distribution is often affected by the many factors set out for consideration in our general statutes. Factors which may affect distribution include the age and physical and mental health of the spouses, the income, property, and liabilities of each spouse at the time the division of property is to become effective, any support obligations a spouse may have arising out of prior marriages, expectations a spouse may have in a pension, retirement or deferred compensation benefit that is not marital property, the need of a parent with custody of a child of the marriage to occupy or own the marital residence and to use or own its household effects, efforts by a spouse to support or assist in educating or developing the other spouse's career or profession, tax consequences to each spouse, and many others. Absent from the list of distributive factors the court may consider is marital misconduct which is not financial in nature.

"Marital" property may include real, personal and intangible property that is acquired during the marriage and prior to the date of separation by either of the spouses. It is not necessarily important or consequential who purchased the asset, who maintained it during the marriage or how it was titled. The same is true of debts and financial obligations which arose during the marriage. Divisible property includes passive appreciation or diminution in value of assets between the date of separation of the parties and the date of distribution of the marital estate by the Court.

Property may be divided in this State by agreement between you and your spouse pursuant to a Separation and Property Settlement Agreement. You have the right in North Carolina, unlike in many other states, to divide your property and your debts however you and your spouse see fit. There is no requirement of equal distribution, and you may negotiate and offset distributions of individual assets and debts according to your individual needs and desires. If the division of your marital estate, meaning your total portfolio of assets and debts, is contested, you will need to seek the assistance of the Court. Proper planning can often mean the difference in preserving valuable assets and assigning responsibility for the payment of debts in order to protect your credit during separation. At Hodges and Coxe, we have the experience and knowledge to counsel you on how best to prevent the unnecessary disappearance, conversion or waste of your valuable assets and to secure access to and use of your property prior to distribution. Contact us today for a free consultation and to discuss your rights at (910) 772-1678.

Alimony and Post-Separation Agreements

Alimony and Post Separation Support (Spousal Support)Top »

Alimony and Post Separation Support are forms of spousal support, money that is paid in either a lump sum or on a continuing basis from one spouse to another to assist with their support and maintenance following separation. Spousal support is paid by a "Supporting Spouse" to a "Dependent Spouse." Dependency is generally considered to exist when one spouse makes less than the other and is incapable, on his or her own, of meeting his or her reasonable needs and expenses following separation. Needs and expenses are considered in light of the parties' standard of living prior to separation, so the mere fact that a dependent spouse can get by temporarily or on a substandard existence does not mean that he or she is not entitled to assistance in the form of spousal support.

Immediately following separation, the Court's primary focus is on leveling the playing field between spouses engaged in litigation, and in ensuring that one spouse is not made destitute or dependent upon the State by virtue of his or her meager income or lack of access to the liquid assets of the marital estate. Therefore, post separation support is largely concerned with the financial status of the parties and incidents of fault or "marital misconduct" are not generally considered.

Alimony considers the financial portfolios of both the dependent and supporting spouse, but also considers such factors as: 1) the marital misconduct of either of the spouses; 2) the relative earnings and earning capacities of the spouses; 3) the ages, physical, mental and emotional conditions of the spouses; 4) the amount and sources of earned and unearned income of both spouses, including earnings, dividends, and benefits such as medical, retirement, insurance, and social security benefits; 5) the duration of the marriage; 6) the contribution by one spouse to the training, education or increased earning power of the other spouse; 7) the extent to which the earning power, expenses or financial obligations of a spouse will be affected by reason of serving as the custodian of a minor child; 8) the standard of living of the spouses established during the marriage; 9) the relative education of the spouses and the time necessary to acquire sufficient education or training to enable a dependent spouse to find suitable employment to meet his or her reasonable needs; 10) the relative assets and liabilities of the spouses and relative debt of the spouses, including legal obligations of support; 12) the contributions of a spouse as a homemaker; 13) the relative needs of the spouses; 14) the tax ramifications of an alimony award to the spouses; 15) any other factor relating to the economic circumstances of the spouses that the Court determines to be just and proper; and 16) the fact that income received by either party was previously considered by the court in determining the value of a marital or divisible asset in an equitable distribution of the parties' marital estate.

Determination of a spouse's right to receive post separation support or alimony can be complex. Whether you proceed with litigation or are resolving your marital issues by way of a Separation or other consent Agreement, it is important to know your rights and to speak with experienced legal counsel. At Hodges and Coxe, we have the experience and knowledge to counsel you on how to maintain a detailed, clear history of your income and expenses, as well as the ability to identify and to outline your access to various forms of liquid marital assets. We also know the questions to ask and the avenues to pursue in determining an accurate picture of your spouse's financial portfolio. Contact us today for a free consultation and to discuss your rights at (910) 772-1678.