Marriage, children, and the family in general are often sources of strength, growth, and happiness for people.  Unfortunately, it does not always work.  When expectations are not met people become frustrated, feelings are hurt, and lives become uncertain.  The complexities of North Carolina family law can add further anxiety.  Alan M. Roughton approaches each domestic relations case understanding that his clients are not coming to him at a joyful time in their lives.  He seeks cost effective solutions to difficult problems so that his clients can move on with their lives with their dignity and finances intact. 

There are numerous areas of family law, but the most common are: 1) Absolute Divorce, 2) Child Custody, 3) Child Support, 4) Equitable Distribution, 5) Alimony and Post-Separation Support, and 6) Domestic Violence.  All of these can be handled in court; only absolute divorce and domestic violence must be handled in court-the other issues can be handled by reaching a separation agreement.  Alan M.Roughton can provide effective representation in all of these issues.

Absolute Divorce is the end of a marriage.  You can file for absolute divorce if either you or your spouse has been a North Carolina resident for at least six months and you have been separated for more than one year.  You can also request that you be allowed to resume use of your maiden name.  If you do not assert claims for equitable distribution, alimony, or post-separation support before your divorce judgment is entered, you will waive those claims so discussing your situation with an attorney is important before moving forward.

In North Carolina,the best interests of the child is the test used to determine child custody.  This is an admittedly vague standard and your discuss your case with an attorney.  There are many considerations.  The most important ones include: 1) Who has been the child's primary caregiver? 2) Which parent is better able to foster a relationship between the child and the other parent? 3) What are the parents' current living arrangements?  Courts are also required by North Carolina law to consider any acts of domestic violence.

Child support guidelines based on income and the amount of time a child spends with each parent usually determine the amount of child support in a particular case.  You can find a child support calculator here.  Issues related to determining income often arise in child support cases.

Equitable distribution is the mechanism by which marital property is divided between the spouses.  This involves identifying all of the marital property, defining certain property as either marital or separate, and dividing the marital assets and debts equitably between the spouses.  This process can be complicated by many factors, such as post-separation appreciation or dimunition in value of certain assets.  You may need effective representation to protect your finances and help you move on with your life.  You should contact Alan M. Roughton to discuss your property situation.

When spouses separate, the duty to provide financial support does not necessarily end.  Post-separation support and alimony are the legal principles by which a dependent spouse obtains from the supporting spouse the financial support to meet her reasonable needs.  Many factors are considered in determining who is a dependent and who is a supporting spouse, determining what reasonable needs are, and whether an award is fair after considering fault, such as adultery, which is a bar to receiving alimony unless the supporting spouse also engaged in sexual misconduct.  Issues of post-separation support and alimony are complex and take into account numerous factors.  Contact Alan M. Roughton to discuss your situation and take steps to protect your financial future.

Domestic Violence poses challenges to law enforcement, lawyers, judges, and especially to the people involved.  Chapter 50-B provides a powerful civil remedy to victims of domestic violence through a Domestic Violence Protective Order.  A court can order an abuser not to commit further acts of abuse, not to have any contact with the petitioner, not to come to the petitioner's residence, workplace, or school, and the court can also make an award of temporary custody.  Domestic Violence Protective Order cases are serious and should not be taken lightly.  If you need help with your domestic violence case, contact Alan M. Roughton.

Conversely, facing allegations of domestic violence is serious as well.  Your rights are in danger whether you are facing a civil or criminal case.  Before consenting to an order or pleading guilty to a criminal charge, contact Alan M. Roughton to discuss your case and explore possible defenses. 

These are short descriptions of the major issues that arise in family law and every case is unique.  Contact Alan M. Roughton to schedule a consultation about your situation.

The Law Office of Alan M. Roughton, PLLC
P.O. Box 454
155 N. Market St.,Suite 219
Washington, NC 27889
(252) 940-1300
Fax: (252) 946-5800
alanr@amr-law.com

Alan M. Roughton represents clients with domestic relations cases in Beaufort, Pitt, Martin, Washington, Tyrrell, and Hyde Counties, including the towns of Washington, Greenville, Williamston, Plymouth, Columbia, Swan Quarter, Belhaven, Bath, Chocowinity, Aurora, Grimesland, Ayden, Grifton, Farmville, Winterville, and Bethel, among others.