North Carolina Separation Agreements — Wake County Family Law Attorney

North Carolina does not require separation agreements for the husband and wife to be considered separated. Generally, however, the best way of outlining each spouse’s obligations is through a properly drafted separation agreement. Separation agreements can outline spousal support, alimony, child support, child custody, and child visitation, and can greatly reduce the expense generally associated […]

Wake County Collaborative Divorce Lawyer — Raleigh Family Law Attorneys

A large focus area for the attorneys at Maginnis Law, PLLC is the collaborative practice of family law. Everyone has heard horror stories of divorce, child custody, alimony, and/or equitable distribution that quickly turns into an ugly expensive mess. The goal of the collaborative process is to avoid many of pitfalls in the divorce and/or […]

North Carolina Domestic Violence Protection Order/Restraining Order Update

In North Carolina “domestic violence” has a specific definition and only certain acts are prohibited. You must have a “personal relationship” to be charged with domestic violence. What constitutes a “personal relationship” is defined by statute and is very specific. To find out whether you have a domestic violence case as defined by North Carolina […]

Basics of Equitable Distribution — Apex Family Law Divorce Attorney

At its most basic, equitable distribution is the court’s process for dividing property in a divorce. It is used when spouses are unable to divide their property themselves. The trial court has a lot of discretion in deciding on distribution matters, which can lead to troublesome results.  To discuss the issues involved in dividing up […]

Legal Separation Under North Carolina Law — Wake County Divorce Attorney

The term “separation” has a particular legal meaning when related to marriages and divorces. Marital separation occurs when a husband and wife interrupt marital relations without an actual dissolution of the marriage. Without a valid premarital agreement or separation agreement, the obligations and rights that arise from the marriage remain unchanged. Only a divorce, written separation […]

Cary Domestic Violence Attorney — North Carolina Chapter 50B Family Law Lawyer

Before Chapter 50B of the North Carolina General Statutes was enacted, the only remedies for domestic violence victims were through criminal statutes. There was growing concern that these criminal laws did not provide adequate protection for victims. Chapter 50B, entitled “Domestic Violence” created strong civil penalties to parties charged with domestic violence.  The statute prohibits, […]

Wake County Child Support Attorney – Raleigh Family Law Lawyer

Child support disputes are some of the most common issues in family law cases, regardless of whether the parents are going through divorce or never married. Child support payments in North Carolina are based upon custody categories and an income-sharing method derived from the gross income of both parents. Child support actions may be joined […]

Apex Child Custody Attorney – Wake County Joint Custody Lawyer

Maginnis Howard no longer practices family law. We currently work personal injury cases, consumer cases relating to credit or harassing phone calls, and wage and hour/employment cases. North Carolina recognizes two primary types of custody: legal custody and physical custody. Legal custody gives a parent the right to make major decisions regarding the needs of […]