Wake Forest Family Law Attorney
At Tolin & Tolin, PLLC, we understand how devastating the end of your marriage can be for you and your family. You are likely visiting our website because you or someone you care for is experiencing difficult personal life circumstances brought about by a possible divorce or separation. You have come to the right place. A Wake Forest family law attorney can work to provide stability and certainty during this process while handling all legal challenges.
If you’re seeking divorce, our goals are to help you achieve the dissolution of your marriage with respect and integrity; to have every legal aspect resolved with the best possible outcome. We will be with you at every step of the way from the day you begin your relationship with us to the day your case is concluded. We are always sincere and straightforward, focused on helping our clients and their families get their lives back on track.
Attorney Jay Tolin treats clients the way he would want to be treated. Jay and his legal team hold dear the traditional values of hard work, honesty, and treating everyone equally. We never take the easy way out—we present options, recommendations, and advice in a straightforward manner, enabling our clients to make the decision that is best for them. Take a moment to look at the aspects of divorce and family law we can help you address.
Alimony, which is also referred to as spousal support or spousal maintenance, is financial support paid from one spouse to the other financially dependent spouse following a divorce. Alimony in North Carolina is often confused with spousal support between the period of separation and the actual divorce, which is called post-separation support. In North Carolina, there is a distinction between what is required to obtain alimony and post-separation support, and an attorney at Tolin & Tolin, PLLC can clearly explain these issues in greater depth. Alimony may be a solution to allow the financially dependent spouse time for education, time to become self-sufficient, or time to become more competitive in the job market.
Families seeking to adopt a child need to understand the legal ramifications of adoption and how to conduct the process properly. Also, after you and your spouse have legally adopted a child, then you both have legal rights to custody of the child protected by the court if you should separate. Your adopted child becomes just like a biological child through the adoption process and is treated as such under the law. We are sensitive to the nuances of adoption and knowledgeable regarding the process.
Asset Division or Equitable Distribution
When parties getting a divorce cannot agree on asset division, then they can seek the court’s assistance to divide their property through a process called equitable distribution. The court will determine which assets and debts are marital, assign a monetary value to the assets and debts based upon the evidence, and will then divide the marital assets and debts. Generally, the courts will seek an equal division of the assets and debts; however, there are a number of factors that the court must consider to determine whether the division is fair, which is why it is referred to as equitable distribution. At Tolin & Tolin, PLLC, we can help explain the asset division process, seeking a distribution that is good for you and your future.
Often a major issue in a divorce is the well-being of affected children. Parents sometimes make rash decisions about the custody of their children when faced with the emotional challenges involved in divorce. It is better for the child when child custody and divorce issues are resolved amicably and succinctly. Child custody can be one of the more contentious aspects of divorce. At Tolin & Tolin, PLLC, we can help you and your child’s other parent reach an agreement that is good for all those involved.
Child support is financial assistance from children’s parents to ensure their needs are met and maintained despite the divorce. North Carolina law provides specific guidelines to calculate the support that is to be paid for the benefit of the children. Both parents are responsible for the well-being of their children regardless of which parent has custody. There is a small amount of wiggle room when considering child support. If you have extenuating circumstances that prevent you from paying the estimated formula amount, the Tolin & Tolin, PLLC attorneys can ensure the judge understands. If you are seeking child support and your child has extra needs, we will also convey this information to the judge.
If you have been the victim of or threatened with abuse, we can help you obtain a Domestic Violence Protective Order (also known as DVPO or 50-B). This is a legal solution to protect you from further domestic violence. A domestic violence protective order is a restraining order designed to keep a dangerous, violent person away from you. If a judge grants a domestic violence protective order for you, then the person who has been threatening or harming you must cease doing so or face criminal charges. You may also be interested in pursuing criminal charges against the offender. We can give you the opportunity to fight back legally and gain control of the situation. When a person becomes violent, it is crucial to seek legal protection from the courts immediately. North Carolina has laws to protect spouses, people in dating relationships, former household members, and certain family members from domestic violence and threats of domestic violence. At Tolin & Tolin, PLLC, we have compassion for your domestic violence situation and know the very best way to handle it to ensure everyone involved remains safe.
Mediation offers couples the opportunity to address the settlement of the issues in their cases in a private setting and to retain control of the decisions made in the divorce. In mediation, couples meet with a neutral third party, called a mediator, who assists in the resolution of the issues facing the divorcing spouses. Mediation is court-ordered in most custody and equitable distribution cases.
In North Carolina, legal separation occurs on the date that spouses move into separate residences. The law requires that couples must live separately and apart for 12 months to be eligible to file for divorce. It is important to get legal advice prior to separating since many people are concerned that their spouse will claim they abandoned the marriage. The Tolin & Tolin, PLLC lawyers can ensure you make the right choices, whether your separation is simply time apart to work things out, or in preparation for your North Carolina divorce.
During the 12-month separation period, many divorcing spouses enter into a contract called a separation agreement. The purpose of a separation agreement is to formalize the parties’ separation. However, it will often include rights and obligations regarding child support, spousal support, child custody arrangements, asset division, and other matters facing spouses in the divorce. While you and your spouse can make these separation agreements on your own, it is not advisable. Often, what starts out as a relatively friendly separation can quickly turn into a contentious mess. It is better if you have an experienced Wake Forest family law attorney to ensure your separation agreement protects your rights and your future.
Spousal support, which is also referred to as alimony or post-separation support, is financial support paid from one spouse to the other financially dependent spouse during the period of separation or following a divorce. Alimony in North Carolina is often confused with spousal support between the period of separation and the actual divorce, which is called post-separation support. Whichever type of spousal support you are seeking, a Wake Forest family law attorney at Tolin & Tolin, PLLC can help you obtain a fair amount of spousal support.
Child Support and Child Custody Modifications
When circumstances change with either you or your former spouse, these can be the basis for child custody or child support modifications. Substantial changes in circumstances upon which support and custody agreements or orders have been based are grounds for support and custody modifications. If you are anticipating a change or are experiencing a change where you believe that changes in your child custody and child support agreements need to be modified, it is important that you speak with a family law attorney at Tolin & Tolin, PLLC as soon as possible.
In North Carolina, fathers are legally obligated to support their biological children regardless of whether they were married to the child’s mother at the time of the child’s birth. Fathers who were not married to the child’s mother also have the legal right to be involved in their child’s life, whether living with their child’s mother or not. Sometimes, fathers have questions about whether they are a child’s biological father.
A prenuptial or premarital agreement is entered into when an engaged couple sets out what will happen to their property in case of death or divorce. This type of agreement is made by a couple who has become engaged and becomes effective and enforceable only upon their marriage.
Non-custodial parents may seek the right of visitation with their child or children. If you would like a court order for scheduled visitation with your children, you may negotiate the terms with the child’s other parent or you can allow the court to determine an arrangement.
What Will a Family Law Attorney Do for Me?
Family law issues are usually extremely emotional as families deal with radical changes to their lives due to divorce, child custody arrangements, separation, domestic violence, spousal support, and more. Family law attorneys specialize in these issues, acting as mediators when family disagreements develop. Family law attorneys also represent litigants in family court.
Divorce and all the issues that come with it are handled by family law attorneys. Couples may let emotions get in the way of settling their divorce in a calm, rational, manner. The best family law attorneys are stellar negotiators, as well as strong litigators when necessary. Under the umbrella of divorce, family law attorneys deal with child custody, child support, spousal support, premarital agreements, paternity issues, asset division, mediation, separation agreements, and adoption.
A family law attorney from Tolin & Tolin, PLLC can help parents reach an amicable agreement that is in the best interests of the child when considering child custody. We can help you determine how marital assets should be divided under North Carolina’s equitable division laws. If spousal support is a consideration, we will help you prove your case, whether you are the paying spouse or the receiving spouse. We are empathetic to what you are going through while using our experience and knowledge to achieve the best outcome on your behalf.
If you are experiencing a paternity issue, an adoption issue, or are considering a prenuptial or post-nuptial agreement, we can answer your questions and explain how the law works. Tolin & Tolin, PLLC attorneys will help you and your family handle disputes that might otherwise be crowded by emotions. We have what it takes to help you handle and solve any legal issue affecting your family.
How to Choose the Right Wake Forest Family Law Attorney
Choosing the right Wake Forest family law attorney is an extremely important, albeit sometimes difficult, decision. The right family law attorney can make a significant difference in the outcome of your family law issue. Since most family law issues are emotional, you want an attorney who is compassionate and empathetic. You further want an attorney who takes your issue seriously, listening carefully to what you need.
You want and need a lawyer you trust—after all, you will be telling your family law attorney some very private things. You need a family law attorney who is equally comfortable negotiating an issue as he or she is litigating the issue. Of course, it is usually better to work these issues out, but sometimes that is simply not possible, and you will end up in court. Your family law attorney should be as comfortable in court as in negotiations.
Many people who need a family law attorney start by asking friends, family members, or co-workers whether they have used a family law attorney, and, if so, how their issue turned out. Your lawyer will be your partner throughout your case, so you need to be comfortable confiding sensitive information to him or her. Once you have a list of a few family law attorneys, speak to each one, asking them questions about their experience with cases like you. Take note of how they explain things to you and whether they answer your questions in an easy-to-understand manner.
Do not be embarrassed to ask about price—how and what they charge. Most attorneys are comfortable discussing fees and costs upfront and will understand your need to budget these services. Ask how you will communicate with the lawyer or others in the firm, and whether they will regularly update you. Make sure you know who will be handling your case, whether it is the lawyer you talk to or whether it will be handed off to a paralegal or other legal person in the firm. Carefully compare each family law attorney you talk to prior to making your decision.
A Wake Forest family law attorney from Tolin & Tolin, PLLC can help you through these difficult, complex family matters. We understand that you have choices, and we hope you will choose our firm. While we are not the biggest law firm, we believe that bigger does not always mean better, that older does not necessarily mean wiser, or more experienced, and that louder does not necessarily mean more easily heard or understood. At Tolin & Tolin, PLLC, we really listen to you. We are approachable, compassionate, attentive, and offer highly individualized attention to each and every client. We look forward to meeting with you and hope you will contact us for all your family law needs. Tolin & Tolin, PLLC—Exceptional Client Experience. Outstanding Results.