Family

How We Can Help

This area of law can be one of the most difficult to navigate for one reason: emotions. Separation, divorce, child custody, property division, and more. These areas touch on the most personal aspects of our lives, with ripple effects that impact family members. Honest and open communication between the client and the attorney is important in every case but perhaps felt the strongest in family law.

At Burney & Jones, we create a safe and calm space for our clients to work through the legal aspect of their case and the emotions that come with it. We will do what we can to help negotiate terms that you find to be fair. In the event negotiations are unsuccessful, we will zealously advocate for you and your rights. It is important to understand your legal rights and to make a plan of action to protect those rights.

Wilmington NC Riverwalk
Custody
Child Support
Absolute Divorce
Divorce From Bed & Board
Post Separation Support
Equitable Distribution
Domestic Violence Protective Orders
Civil No Contact Order

Custody

Custody cases are arguably some of the most important cases we handle at Burney & Jones. Your kids are your priority, and we strive to make their best interests ours. Always. Navigating a custody battle is not only time-consuming, but it is exceptionally emotionally draining. You need an attorney who cares about you and your family and will fight to achieve the best outcome possible. Having someone who has experience in the courtroom with the other players (attorneys and judges) is key.

During a consultation, we will discuss your current custody needs and also what your long-term custody goals are. We will provide education about the law in North Carolina, an assessment of your specific case, and any options you have for moving forward. We will help you understand the process and will help navigate you through it.

Some custodial claims include:

  • Temporary Custody
  • Permanent Custody
  • Emergency, Ex Parte Custody
  • Legal Custody
  • Physical Custody (visitation rights)
  • Grandparent Visitation
When dealing with custody-related claims, it is imperative that you have an attorney you feel comfortable with and that you trust. We will then do everything we can to advocate for your children.

Child Support

At Burney & Jones, we are able to assist with any child support claim–whether you are in need or support, or whether you will be the one paying. We also handle cases in Child Support Court (IVD) with the Child Support Agency. At Burney & Jones we have knowledge and experience with the North Carolina Child Support Guidelines, income withholding, Centralized Collections, and issues with arrears and/or contempt.

We will help you navigate the process and understand how support is likely to be calculated and then obtained/paid. We will also assist in document collection and analysis to ensure that the ordered amount is accurate amount. If an order was previously entered, we will gladly assess your current financial circumstances to determine whether a modification may be warranted.

Absolute Divorce

Filing for divorce can be very emotional. For some, it’s a relief that one chapter is ending, and another one can now begin. For others, it can be extremely sad and depressing. Whatever your reason for a divorce, we are here to help. An absolute divorce requires separation for a year and a day. Once granted, it will sever the marital bonds and will allow either party to legally remarry, should they choose. When filing for divorce, it is important to have an attorney to guide you through the process. There are some claims incident to a separation/divorce that if not pleaded beforehand, will be lost. The statute is also very technical about service and timing, which is something we can take care of for you. It is also not uncommon for us to handle divorces without the client ever going to court.

Divorce From Bed and Board

Divorce from Bed and Board is a fault-based divorce in North Carolina, that creates a legal separation between two spouses. A Divorce from Bed and Board is commonly used to settle the rights of separating spouses. Ground include:
  • Abandonment of the family
  • Malicious turning out of doors
  • Cruel and barbarous treatment
  • Indignities that render a spouse’s condition intolerable or overly burdensome
  • Excessive drug or alcohol use
  • Adultery
When determining whether you should file Divorce From Bed and Board, it is best to seek legal counsel, so that you fully understand your rights and the family court process. At Burney & Jones, we will consult with you to understand your specific facts and will provide an assessment/plan as to how you can move forward. Navigating a separation or divorce is tricky enough–let us help you through it!

Post Separation Support (PSS)/Alimony

Post Separation Support is temporary support that a supporting spouse may be ordered to pay to a dependent spouse, while separated. The dependent spouse must be able to show that his/her resources are not adequate to meet his/her reasonable needs and that the other spouse has the financial means to pay support. The court will also look at the party’s needs in comparison to the standard of living they were accustomed to during the marriage. This determination is made on a case-by-case basis. PSS hearings are usually done quickly and with financial affidavits.

Alimony is generally supported of a longer duration. In North Carolina there is no specific formula for determining an alimony award. Instead, there are factors that a judge may consider when determining the amount to be paid and how long it is to be paid. After reviewing the factors, the court must determine that the alimony award is equitable.

Because there is no set worksheet or standard for PSS and alimony, and because of its complex nature, you will want to have an experienced attorney on your side to help you navigate through the process and advocate for you.

Equitable Distribution (ED)

Equitable Distribution refers to the division of your assets and debts. In North Carolina the presumption is that property be split 50/50. However, one party may ask for an unequal distribution, and try to obtain more than his/her 50% share. Additionally, sometimes you cannot split the baby. At Burney & Jones, we will guide you through the process of identifying, classifying, valuing, and distributing your property. We will also look into creative solutions to assist with keeping certain assets intact or to distribute property in an advantageous way.

In the event you and your spouse cannot amicably agree to how your property is to be divided, the court requires financial mediation. It is important to have an attorney with mediation experience to obtain a good mediator and to advocate your position effectively.

Domestic Violence Protective Orders (DVPO) (50B)

If you are a victim in need of a DVPO and/or an Ex Parte Order, we are here to help. During our consultations, we discuss your specific circumstances, the law in North Carolina, and the likelihood of an order being granted. If you have not already filed, we will gladly help you with the Complaint and Ex Parte paperwork and how to navigate the filing process. If you have already filed, we will immediately go into trial preparation.

If you have a Complaint for Domestic Violence filed against you, it is really important to timely seek legal counsel. Once served, you may face criminal charges and incarceration if the order is violated. It’s therefore imperative to understand your legal rights immediately. We will also assess the strengths and weaknesses of your case so that you can properly be advised on how to move forward.

DVPOs may impact whether you are removed from your home, where you may/may not go, who your pet is to live with, and temporary custody of your children. Give us a call so that we can help protect your rights.

Civil No Contact Order (50C)

Civil No Contact Orders are put in place where there is nonconsensual sexual conduct or stalking with a party to whom you are not related. There is a possibility for an emergency order to be granted before a hearing is held. While there may be some similarities in the process and procedure between a 50B and a 50C, the enforceability and punishment options are drastically different. It is important to hire an attorney who understands these nuances and who can properly advocate for your rights and needs.

Areas of Service

DWI

Criminal

Traffic

Juvenile

Contact Us

(910) 762-7771

BurneyJonesLaw@gmail.com

Fax: (910) 763-3714

110 N 5th Ave, Wilmington, NC 28401

Monday - Thursday | 8:30 AM - 5:00 PM
Friday | 8:30 AM - 2:00 PM

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