It’s very important for both parents to be careful about doing anything that makes the child feel like he or she is taking sides For parents going through a divorce, the prospect of having their children testify in court is often frightening or stressful. Understandably, they worry about their kids — especially very young children — experiencing trauma or fear in an intimidating courtroom setting. Although children aren’t required to testify in custody or divorce proceedings, it’s sometimes helpful for the case if they do. If you’re worried about how your child will handle testifying in court, it’s important to discuss your concerns with your North Carolina divorce lawyer. Your attorney can help you explore your options and make arrangements for the experience to be less stressful for you and your child. Having a Child Testify Away from the Courtroom Raleigh North Carolina divorce lawyer Lori Vitale explains: “In some states, the law sets a minimum age for children to have … [Read more...]
The Next Generation of Family Law
source: https://www.bestlawyers.com/article/the-next-generation-of-family-law/1035 For 16 years, Lori Vitale practiced family law first as an associate, and then as a partner at a well-established Raleigh law firm. But in 2011 she struck out on her own, starting a law firm that focused exclusively in the area. That firm, Vitale Family Law, has since been ranked Tier 1 in Raleigh for family law by U.S. News – Best Lawyers “Best Law Firms” 2017, a remarkable achievement for a firm that opened its doors just five years ago. “At my previous firm I had a number of very knowledgeable mentors, so when it came to starting my own firm, I wanted to emulate what I had learned from them,” Vitale says. “I’m very proud of how far we’ve come in such a short amount of time, and the root of that growth has really been the strong mentoring I received early on in my career.” Indeed, Vitale has long been recognized as an authority in her field. Since 2001, she has been board certified as a family … [Read more...]
Johnny Depp Agrees to Pay Amber Heard $7 Million. North Carolina Divorce Lawyer Discusses Divorce Settlements
After some apparent feet-dragging, Pirates of the Caribbean actor Johnny Depp has agreed to pay his ex-wife Amber Heard the $7 million settlement the couple agreed to in their divorce. One report says Depp initially balked at giving the money directly to Heard, but has since agreed to pay her rather than a third party. The couple, who were married for 15 months, have agreed to settle their divorce privately after Heard alleged that Depp had been physically and verbally violent toward her numerous times, including striking her in the face with a mobile phone. In her motion for a domestic violence restraining order, Heard included photos showing her with a bruised face and cut lip. Heard has stated that she will donate the entire $7 million settlement to charities that help victims of domestic violence. Although most divorce cases do not unfold in the public eye in such a manner, the case has drawn attention to the important issue of domestic violence, particularly how polarizing … [Read more...]
Raleigh/ Durham NC Divorce Lawyer Answers: Do I Have to Get a Divorce to End My Same-Sex Marriage?
It’s important to closely examine what type of legal arrangement you entered into Prior to the U.S. Supreme Court’s ruling in Obergefell v. Hodges, the status of same-sex marriage in the United States was like a patchwork quilt. Some states allowed it, others did not, and a handful of states permitted something in-between, such as a domestic partnership or declaration of mutual commitment. As of 2015, however, same-sex marriage is recognized by all 50 states due to the Court’s ruling that the Fourteenth Amendment requires all states to recognize valid marriages performed in other states regardless of the gender of the parties. As a result, some same-sex couples have asked if they are required to obtain a divorce if they wish to end their marriage. The answer, explains North Carolina divorce lawyer Lori Vitale, is, “Yes, however, same-sex couples should first determine what type of legal union they have before filing for divorce. If you entered into some type of domestic … [Read more...]
Who Pays Credit Card Debt in a Divorce? North Carolina Divorce Lawyers Educates
If you and your spouse have decided to end your marriage, you may be wondering how credit card debt is divided in a divorce. An experienced Raleigh divorce lawyer can help you explore your options says Raleigh Vitale Family Law, Whether you have a little or a lot, you want to make sure you get a fair result. An experienced North Carolina divorce lawyer can help you explore your options. Got Debt? You’re Not Alone If you and your spouse have a lot of credit card debt, rest assured you are not alone. The average American household has over $15,000 in credit card debt. When you’re facing a divorce, having a debt cloud looming over your head can make it seem like you will never be able to put your bills behind you. Fortunately, there are ways to ensure you’re not stuck paying your spouse’s credit card debts. There are also ways to reduce your overall financial obligations. If you and your spouse have significant debts, it’s important to work with a knowledgeable divorce … [Read more...]
Raleigh Child Custody Attorney Vitale Family Law Explains Parental Kidnapping
Raleigh Child Custody Lawyer Explains - What to Do If Your Ex Takes Your Children Out of State Unfortunately, not all divorces end well. Sometimes, hostilities between the spouses are inevitable, even if one party wants more than anything to have an amicable, peaceful relationship. An uncooperative ex can be a challenge, especially if you have children together. North Carolina law favors children having as much contact as possible with both parents. For example, your child may spend several weeks in the summer with the other parent, or may accompany your ex on lengthy vacations out of state to see extended family members. However, what happens when a parent removes a child from the state without notice or permission? Fortunately, these cases are comparatively rare, but they can be a source of great stress and anxiety for the other parent. If your ex has removed your child from the state without permission, call a North Carolina child custody lawyer right away. You must … [Read more...]
Does child support work differently in legal separations?
When a marriage comes to an end, couples in North Carolina have one of two options: they may choose to stay legally separated or they can choose to get divorced. Either way, the couple will need to go through a separation period, which can create particular legal challenges, especially for parents. One of the biggest issues created by separation periods is a child support obligation. When divorce is imminent, most couples will wait until divorce proceedings begin, then allow a judge to make a determination about who should pay and how much. But during legal separations, things work a little differently. The first thing to note is that separating spouses in North Carolina do not need to sign any paperwork indicating that they intend on living separately from one another. Unless the couple signs a separation agreement, the state does not know if a child's financial situation has changed or that the child is in need of child support payments. North Carolina parents, during legal … [Read more...]
Dissipation of assets: what is it and is it a concern?
If you're currently going through a bitter divorce, chances are good that you want to make things difficult on your soon-to-be ex-spouse. For you, the opportunity to resolve your disputes amicably has passed. And if things have broken down to a state of complete disrepair, you might even push to get as much as possible during property division, leaving your ex with little to nothing if you can help it. Feeling this way is a common reaction, particularly when divorce negotiations go sour or in bitter divorces in general. But while you might feel the urge to "stick it" to your ex-spouse, you might want to reconsider doing anything too drastic. That's because doing so in North Carolina could have serious consequences for the malicious spouse. We've all heard a story about a person taking the 50/50 rule too far, such as actually cutting a piece of marital property is half to signify the equal split of assets. But while some may find this display of irony humorous, the same reaction may … [Read more...]
When can a parent request modification of a support order?
Typically in North Carolina, noncustodial parents are required to make child support payments to custodial parents as part of a court order. As we have explained before on our blog, these payments are supposed to provide the child with financial support that enhances their wellbeing.But sometimes these support obligations can become too much for noncustodial parents who are struggling financially. They may find it difficult to make payments on a routine basis or may have to make tough decisions about their own needs versus the needs of their child. In situations such as this, a noncustodial parent might ask the question we've posed above: When can a parent request modification of a support order?According to the North Carolina Office of Child Support Enforcement, parents who have child support obligations may request modification of their court order when their circumstances have significantly changed to the point where the child is being affected. Though this may seem broad and a … [Read more...]
Headed for divorce? Don’t start dating too soon in North Carolina
If you're experiencing marital problems and think your marriage could end in divorce, you're not alone. Many couples have been where you are right now and may have even asked the same questions you are considering at this very moment.Like other couples in North Carolina, you have questions about how to start the dissolution of your marriage and what the law will require you and your spouse to do when the time comes. But like so many before you, you probably don't have the legal background necessary to answer these questions on your own, forcing you instead to turn to a skilled family law attorney who likely has your answers. One question that might be on your mind concerns the prospect of dating, particularly in situations where couples know their marriage is ending. In today's post, we'd like to take a look at North Carolina law, which may provide you with some answers.As so many of our frequent readers here in Raleigh know, North Carolina is a no-fault state. This means couples do … [Read more...]
