Family Law

Serving Families With Integrity & Compassion

At M Lynn Smith, PC, we strive to be meet all your family law needs. We recognize how complicated these cases can be and are determined to provide you with the best counsel to make the process less stressful for you. All cases are handled with sensitivity to our clients and in direct collaboration with you to ensure that your expectations are met throughout the process. Our goal is to overcome any challenges that may arise along the way and offer result-focused representation. Call us today to get started with your case evaluation! We accept clients from Onslow and Jones county.

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Divorce

Divorce is never an easy process to go through. However, with the right legal team behind you to provide counsel and support, you don’t have to be blindsided along the way. Our team is here to assist you every step of the way to guide you through legal proceedings and achieve the best results for you.

The State of North Carolina requires both parties to be physically separated for at least one year before filing for divorce. Once the divorce has been filed, you have a 45-90 day waiting period before finalization. If all contested issues such as child custody, alimony, or property settlements have been resolved during this period, the case will be closed.

Uncontested Divorce

An uncontested divorce takes place when both parties resolve all issues involved in their case. This is the most ideal in family law because it lowers costs and achieves more favorable results faster. Our role in this situation is to ensure that our clients are not making any rash decisions that could possibly turn into a bigger issue in the future.

Contested Divorce

If a couple disagrees or has a difference of opinions they cannot resolve, M Lynn Smith, PC, will make sure you are well informed of all your options on how to proceed against the opposite party. Additionally, our firm will handle your contested divorced and thoroughly prepare your case to ensure you’re well represented in court.

Alimony

Alimony is the court-ordered payment(s)that can be awarded to a spouse or ex-spouse in the case of a divorce or legal separation agreement. Typically, in these cases, alimony is meant to give financial support to the party with the lower-income and provide them with similar living experiences during the marriage. Our attorneys at M Lynn Smith, PC, have years of experience handling alimony cases. So you can rest assured knowing that we’re on top of the situation and will work out the best solution for you.

How Is Alimony Determined?

Alimony is often awarded on a case-by-case basis and is not automatically issued due to a divorce.

However, some determining factors include but are not limited to:

Length of the marriage
Age of each spouse
Earning capacity of the spouse with lesser income
Non-financial contributions to the marriage
Other factors

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Child Custody

At M Lynn Smith, PC, we know how important it is for you to find a parenting arrangement that promotes harmony and is in the best interest of you and your child. Our law firm is dedicated to finding a solution that meets your expectations. Whether or not that is done through a settlement or fought out in court, we will do whatever is necessary to protect your rights and ensure the safety of your child.

There are two main types of custody:

Joint Custody

Joint custody consists of two options for parents dealing with family law issues. Joint legal custody and joint physical custody. Joint legal custody refers to when both parties are able to make decisions on how their child is raised and cared for in regard to education, healthcare, etc. On the other hand, joint physical custody is focused on where the child will live.

Sole Custody

Sole custody is often misunderstood by parents who believe that sole custody will place a certain party in charge of visitation, possession, and overall access to the child. Custody is solely based on the child’s best interest is determined by North Carolina’s family law. Additionally, in most cases, the state's default view is that it is in the child’s best interest to have both parents playing an active role in their life. However, there are certain exceptions to this, such as:

Incarceration
Physical or emotional abuse
Substance abuse

Child Support

In North Carolina, both parents must provide child support in the case of a divorce. However, in most situations, the non-custodial parent is the one who is actually making payments. Although the custodial parent is required to pay support as well, the law assumed that this party is already spending the required amount directly on the child while in their care. Additionally, in most circumstances, child support will continue to be paid until the child’s 18th birthday.