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Cary Family Law Lawyer, North Carolina


Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements

Wiley  Nickel Lawyer

Wiley Nickel

VERIFIED
Criminal, Misdemeanor, DUI-DWI, Family Law, Divorce
Call 800-985-2120 For A Free Consultation Today!

Wiley lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History.... (more)

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Paula K. McGrann Lawyer

Paula K. McGrann

VERIFIED
Divorce & Family Law, Child Support, Custody & Visitation, Family Law

At the McGrann Law Firm, in Raleigh, we represent individuals throughout Wake County, North Carolina, including Raleigh, Cary, Wake Forest, Apex, Garn... (more)

Scott Montgomery

Family Law, Divorce, Farms, Child Support
Status:  In Good Standing           

Lynn A. Montgomery

Adoption, Family Law
Status:  In Good Standing           
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Nicholas J. Dombalis

Collaborative Law, Criminal, Domestic Violence & Neglect, Family Law
Status:  In Good Standing           

Bobby D. Mills

Divorce & Family Law, Adoption, Family Law
Status:  In Good Standing           

Michael J. Denning

Contract, Criminal, Estate Planning, Family Law
Status:  In Good Standing           

Sydney J. Batch

Estate Planning, Family Law, Litigation, Real Estate
Status:  In Good Standing           

Laurel E. Solomon

Alimony & Spousal Support, Child Support, Collaborative Law, Collection
Status:  In Good Standing           

Heather J. Williams

Family Law, Divorce, Farms, Child Support
Status:  In Good Standing           

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LEGAL TERMS

DESERTION

The voluntary abandonment of one spouse by the other, without the abandoned spouse's consent. Commonly, desertion occurs when a spouse leaves the marital home f... (more...)
The voluntary abandonment of one spouse by the other, without the abandoned spouse's consent. Commonly, desertion occurs when a spouse leaves the marital home for a specified length of time. Desertion is a grounds for divorce in states with fault divorce.

CHILD

(1) A son or daughter of any age, sometimes including biological offspring, unborn children, adopted children, stepchildren, foster children and children born o... (more...)
(1) A son or daughter of any age, sometimes including biological offspring, unborn children, adopted children, stepchildren, foster children and children born outside of marriage. (2) A person under an age specified by law, often 14 or 16. For example, state law may require a person to be over the age of 14 to make a valid will, or may define the crime of statutory rape as sex with a person under the age of 16. In this sense, a child can be distinguished from a minor, who is a person under the age of 18 in most states. A person below the specified legal age who is married is often considered an adult rather than a child. See also emancipation.

BEST INTERESTS (OF THE CHILD)

The test that courts use when deciding who will take care of a child. For instance, an adoption is allowed only when a court declares it to be in the best inter... (more...)
The test that courts use when deciding who will take care of a child. For instance, an adoption is allowed only when a court declares it to be in the best interests of the child. Similarly, when asked to decide on custody issues in a divorce case, the judge will base his or her decision on the child's best interests. And the same test is used when judges decide whether a child should be removed from a parent's home because of neglect or abuse. Factors considered by the court in deciding the best interests of a child include: age and sex of the child mental and physical health of the child mental and physical health of the parents lifestyle and other social factors of the parents emotional ties between the parents and the child ability of the parents to provide the child with food, shelter, clothing and medical care established living pattern for the child concerning school, home, community and religious institution quality of schooling, and the child's preference.

ISSUE

A term generally meaning all your children and their children down through the generations, including grandchildren, great-grandchildren, and so on. Also called... (more...)
A term generally meaning all your children and their children down through the generations, including grandchildren, great-grandchildren, and so on. Also called 'lineal descendants.'

CRUELTY

Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practi... (more...)
Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practical matter, courts will accept minor wrongs or disagreements as sufficient evidence of cruelty to justify the divorce.

PROVOCATION

The act of inciting another person to do a particular thing. In a fault divorce, provocation may constitute a defense to the divorce, preventing it from going t... (more...)
The act of inciting another person to do a particular thing. In a fault divorce, provocation may constitute a defense to the divorce, preventing it from going through. For example, if a wife suing for divorce claims that her husband abandoned her, the husband might defend the suit on the grounds that she provoked the abandonment by driving him out of the house.

LEGAL CUSTODY

The right and obligation to make decisions about a child's upbringing, including schooling and medical care. Many states typically have both parents share legal... (more...)
The right and obligation to make decisions about a child's upbringing, including schooling and medical care. Many states typically have both parents share legal custody of a child. Compare physical custody.

CASE

A term that most often refers to a lawsuit -- for example, 'I filed my small claims case.' 'Case' also refers to a written decision by a judge -- or for an appe... (more...)
A term that most often refers to a lawsuit -- for example, 'I filed my small claims case.' 'Case' also refers to a written decision by a judge -- or for an appellate case, a panel of judges. For example, the U.S. Supreme Court's decision legalizing abortion is commonly referred to as the Roe v. Wade case. Finally, the term also describes the evidence a party submits in support of her position -- for example, 'I have made my case' or ''My case-in-chief' has been completed.'

NEXT FRIEND

A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children a... (more...)
A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children are often represented in court by their parents as 'next friends.'

SAMPLE LEGAL CASES

Mason v. Dwinnell

... Thus, the trial court properly concluded in its 1 June 2006 order that Mason "has standing to pursue custody of the minor child." See also 3 Suzanne Reynolds, Lee's North Carolina Family Law § 13.4.c.ii, at 13-21 (5th ed. 2002) ("The plain language of the North Carolina statute ...

Craddock v. Craddock

... (Emphasis supplied). The legislative policy and goals of this statute was articulated in Lee's North Carolina Family Law treatise: The ... 2 Suzanne Reynolds, Lee's North Carolina Family Law § 9.85, at 493-94 (5th ed.1999). In ...

Hall v. Hall

... No. COA07-624. Court of Appeals of North Carolina. February 5, 2008. Wake Family Law Group, by Julianne Booth Rothert and Marc W. Sokol, Raleigh, for plaintiff-appellee. Kristoff Law Offices, PA, by Sharon H. Kristoff, Clayton, for defendant-appellant. HUNTER, Judge. ...