Current District Court Judges in Cumberland County

• All ten of Cumberland County’s District Court Judges, who are elected on a county-wide basis, are Democrats.
• Seven out of ten of our District Court Judges are women.
• Our District Court Judges, listed below, are elected to four-year terms:
  • Cheri Siler-Mack (term ends in 2026)
  • Rosalyn Hood (term ends in 2026)
  • Frances McDuffie (term ends in 2026)
  • Tracey Henderson (term ends in 2026)
  • David Hasty (term ends in 2026)
  • Cullen Jordan (term ends in 2028)
  • Lou Olivera (term ends in 2028)
  • Toni King (term ends in 2026)
  • Caitlin Evans (term ends in 2026)
  • Tiffany Whitfield (term ends in 2028)

District Court Judges hear misdemeanor criminal matters, traffic tickets, domestic and divorce cases, juvenile cases, and civil matters where the amount in controversy is less than $25,000, among other matters.

Current Superior Court Judges in Cumberland County

• District 12A – Stephen Stokes – Democrat (term ends in 2026)
• District 12B – Gale Adams – Democrat (term ends in 2028)
• District 12C – James “Jim” Ammons, Jr. – Unaffiliated (term ends in 2026)
• District 12C – George “Robby” Hicks – Republican (Term ends in 2030).

Superior Court Judges have “exclusive, original jurisdiction over all criminal actions not assigned to the district court.” They also hear civil matters with an amount in controversy exceeding $25,000, as well as other complex matters.

District Attorney and Other Offices

• Billy West, our long time District Attorney, whose office represents the State of North Carolina in criminal matters, is a Democrat.
• Andra Brewington, our Register of Deeds, is a Democrat.
• Lisa Scales, our Clerk of Superior Court, is a Democrat.
• Ennis Wright, our County Sheriff, is a Democrat. Sheriff Wright recently announced his retirement.

The Richardson Firm: Built to Serve Fayetteville’s Legal Needs

Attorneys Matt and Billy Richardson decided to stay in their hometown of Fayetteville, North Carolina, and they built a law firm to serve the needs of their community. They believe that every individual should have a right to a great attorney. If you have a legal problem in Fayetteville, they will do their best to help you.

In addition to founding the firm, Billy Richardson served multiple terms in the North Carolina House of Representatives.

Specifically, Matt and Billy Richardson and Patrick Anstead represent the citizens of Fayetteville and Southeastern, North Carolina in civil matters, including:

• Personal Injury
• Medical Malpractice
• Auto Accidents
• Wrongful Death
• Eminent Domain and Property Law
• Insurance Disputes
• Civil Rights Violations
  

Family Law and Divorce in Fayetteville

The Richardson Firm has maintained a family law and divorce practice in Fayetteville for several years, helping spouses and family members navigate the complex and intimidating system that governs domestic relations in the State of North Carolina.

In 2023, Attorney Melinda Flinn joined our law firm as a domestic attorney. Melinda has been practicing family law in Cumberland County for over twenty years, and she has gained a reputation as a steady and courageous advocate. She routinely appears in front of many of the District Court Judges who hear domestic cases. Specifically, she serves the residents of Fayetteville and Cumberland County in the following areas:

• Child custody and visitation
• Child support
• Alimony
• Equitable Distribution (Property and debt division)
• Divorce
• Annulment
• Separation agreements
• Contempt
• Termination of parental rights
• Adoption
• Collaborative Law
  • Melinda has trained and participated in the Collaborative Law aspect of family law as an alternative to litigation.

Fort Bragg Traffic Tickets and DWI

Residents of Fayetteville and Fort Bragg who are charged with a traffic offense on federal land will be ordered to appear to answer the charges in federal court. While there are numerous attorneys practicing traffic law in Fayetteville, there are few who are licensed to practice in Federal Court. Seeing this need, Attorney Patrick Anstead has developed a robust defense practice. Patrick routinely appears in federal court on behalf of military and non-military residents who receive traffic tickets and DUI/DWI charges on Fort Bragg.

Keep in mind, our firm can also assist you in county court for routine traffic offenses that occur outside of Fort Bragg. If you get a traffic ticket in Cumberland County, give us a call. We can often help.

Criminal Charges in Fayetteville

Attorney Patrick Anstead routinely represents individuals charged with traffic, misdemeanor, and felony offenses in District and Superior Court. If you are charged with a criminal offense, a conviction could have a lasting and detrimental impact on your future. Do not go unrepresented. Get an attorney with the experience and the knowledge of Fayetteville’s court system.

The Richardson Firm: Local Attorneys for Local Problems

If you live in Fayetteville or Cumberland County, and you’re in need of an attorney, call us at 910-488-5050. If we are not able to assist with your specific issue, we can use our knowledge of the Fayetteville area to get you pointed in the right direction.

If you have questions about getting a divorce, call and schedule a consultation. In the meantime, know that you need to fulfill the following obligations:

Basic Requirements for a North Carolina Divorce

Any legally married spouse can file for divorce one year and one day after the parties separate, regardless of where the marriage occurred.

These two requirements must be met:

• One spouse must be a legal resident of North Carolina, and they must have resided in the state for at least 6 months before filing.
• Both spouses must have lived separate and apart for at least one continuous year, and at least one spouse must have planned on leaving the marriage throughout that time.

The separation requirement is vital. While you do not have to file any paperwork to begin a separation, you or your spouse must move out of the marital residence and have the intent to leave the marriage. The separation requirement in North Carolina is for one continuous year.

These are the only requirements to file for a divorce in North Carolina. The spouse who files for divorce does not need to prove the other spouse was at fault in order to get an absolute divorce.

The court system in Fayetteville and Cumberland County is about to undergo a massive change. Paper files and court documents will soon be a thing of the past. Computers will take their place. On October 14, the entire court system in Cumberland County will go digital.

This change has pros and cons for the average citizen:

The Portal: Greater Access for the Public

Instead of making a trip to the Cumberland County Courthouse and waiting in line for help, the citizens of Cumberland County will be able to access and view legal filings online. The new PORTAL system will allow anyone to search public court documents and make payments, as long as they have an internet connection.

Efile: File Court Documents from Anywhere

All court filings in Cumberland County will be electronic. To file a document into a court file, everyone will use the new Efile system.

The Problem: New Systems Take Time

It is not easy to overhaul a system that has run on paper documents for decades. In addition, some courtrooms in Cumberland County, especially those dealing with domestic, criminal and traffic cases, process hundreds of cases daily. New computers have been installed in these Fayetteville courtrooms to assist with the change, but there will be a learning curve for the Assistant District Attorneys and the clerks as they get up to speed. You can expect to see increased wait times in Cumberland County courtrooms for the next several months.

The Solution: Our Local Law Firm

Attorneys Patrick Anstead and Melinda Flinn make appearances in courtrooms in Cumberland County on a weekly basis. They have been trained in the new eCourts software and will ensure your case receives the priority it deserves. If you have a divorce, traffic, or criminal case in Cumberland County in the next several months, hiring one of our attorneys could save you a great deal of time.

The North Carolina Court of Appeals recently issued a decision in the case of Sinclair v. Sinclair. Two divorced parents had a child support order issued in Virginia. The mother, serving in the military, was living in Japan. The father moved to North Carolina and sought to have the Virginia child support order modified. The North Carolina judge agreed and ordered the mother to pay more money each month. The mother appealed.

NC Court Strikes Down Child Support Modification

The N.C. Court of Appeals ruled that the trial judge did not follow special laws pertaining to child support orders from other states. In particular, the court ruled that the judge had no jurisdiction (the power to rule on the matter):

Subject matter jurisdiction for modification of an out-of-state child support order may be established under either North Carolina General Statute Section 52C-6-611 or 52C-6-613. North Carolina does not have jurisdiction to modify the Virginia Order under North Carolina General Statute Section 52C-6-613 because, in part, this applies only if both parents reside in North Carolina; however, Mother resides in Japan. See N.C. Gen. Stat. § 52C-6-613 (“(a) If all of the parties who are individuals reside in this State . . . .” (emphasis added)).

North Carolina General Statute Section 52C-6-611 provides for jurisdiction to modify an out-of-state child support order if Section 52C-6-613 does not apply:

(a) If G.S. 52C-6-613 does not apply, upon petition, a tribunal of this State may modify a child support order
issued in another state which is registered in this State if, after notice and hearing, the tribunal finds that:

(1) The following requirements are met:

a. Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;
b. A petitioner who is a nonresident of this State seeks modification; and
c. The respondent is subject to the personal jurisdiction of the tribunal of this State; or

(2) This State is the residence of the child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of this State and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this State to modify the support order and assume continuing, exclusive jurisdiction.
N.C. Gen Stat. § 52C-6-611 (2021) (emphasis added).

Because the parents did not file consent in Virginia for a North Carolina judge to modify the Virginia Order, the North Carolina judge’s decision granting the father more money was vacated. This means it has no legal effect. The father is forced to start all over if he wants to obtain more in child support from the mother.

Divorce and Child Support in Cumberland County

The parents above wasted a great deal of time and legal expense because they did not follow the particular North Carolina laws regarding child support orders from other states. Their plight demonstrates value of an experienced and competent domestic attorney.

If you are facing a divorce, custody, or child support issue in Fayetteville, Fort Liberty, or Cumberland County, call today to speak with our domestic attorney: Melinda Flinn. She’ll be happy to help tailor a solution to meet your specific needs, and she’ll help you avoid pitfalls like the one above.

Our court system in Cumberland County is a reflection of our community. Our bench is one of the most diverse in the state. 6 out of 10 of our District Court judges are women. The vast majority of our judges are registered Democrats. Superior Court Judge, Robby Hicks, is the lone Republican on the bench.

Here is a list of Cumberland County’s current, elected judges:

CURRENT CUMBERLAND COUNTY DISTRICT COURT JUDGES

Cheri Siler-Mack – Democrat (Term Ends: 2026)
Rosalyn Hood – Democrat (Term Ends: 2026)
Frances McDuffie – Democrat (Term Ends: 2026)
Stephen Stokes – Democrat (Term Ends: 2026)
David Hasty – Democrat (Term Ends: 2026)
Cullen Jordan – Democrat (Term Ends: 2024)
Lou Olivera – Democrat (Term Ends: 2024)
Toni S. King – Democrat (Term Ends: 2026)
Caitlin Evans – Democrat (Term Ends: 2026)
Tiffany Whitfield – Democrat (Term Ends: 2024)

CURRENT CUMBERLAND COUNTY SUPERIOR COURT JUDGES

Our Superior Court District (District 12) has four judges.

DISTRICT 12A – Claire Hill – Democrat – (Term Ends: 2026)
DISTRICT 12B – Gale Adams – Democrat – (Term Ends: 2028)
DISTRICT 12C – James Floyd “Jim” Ammons, Jr. – Unaffiliated – (Term Ends: 2026)
DISTRICT 12C – George (Robby) Hicks – Republican – (Term Ends: 2030)

Fayetteville and Fort Liberty: A Unique Legal Community

Unlike other southern towns of our size, Fayetteville has a transient population of military members and their families. Many of these individuals come when they are stationed at Fort Liberty and leave when their term of service has ended.

Fayetteville also has its share of large industry. Kelly Springfield (a Goodyear tire factory) has been around for decades and employed thousands of people, including my grandfather.

The Democratic Party has gained a stronghold on local politics. Our Mayor and a majority of our City Council are Democrats. However, like most southern towns, there is a wealthy element of blue-blood types that keep the country clubs in business. This pocket of Fayetteville is increasingly conservative.

This complexity presents a unique problem for an attorney looking to practice in Fayetteville. You can find a niche and specialize, or you can grow and attempt to serve everyone. At The Richardson Firm, we chose the latter.

The Richardson Firm: A Law Firm Built to Serve Fayetteville

Attorneys Matt and Billy Richardson have spent their entire legal careers in Fayetteville. They are active in their community, both professionally and politically. Billy Richardson served multiple terms in the North Carolina House of Representatives. In his spare time, Matt Richardson blogs about Fayetteville and North Carolina politics on his website: crosscreekdivide.com.

Matt and Billy Richardson have constructed a law firm to serve the needs of regular people in Fayetteville. They believe that every person should have a right to a good attorney, no matter their circumstances. Specifically, Matt and Billy Richardson represent the citizens of Fayetteville and Southeastern, North Carolina in civil matters, including:

• Personal Injury
• Medical Malpractice
• Auto Accidents
• Wrongful Death
• Eminent Domain and Property Law
• Insurance Disputes
  

Military Law

Attorney Kris Poppe joined The Richardson Firm as a partner in 2016 after nearly 35 years of military service, including over 20 years as an Army Judge Advocate.

Kris is able to assist with the specific legal needs of service members at Fort Liberty and other North Carolina bases, while also representing both military and non-military residents who have been charged with serious criminal offenses. Kris can assist in the following areas:

• Criminal Defense
  • Homicide
  • White Collar
  • Sexual Assault
  • Drug Offenses
• Federal Court Charges
• Court-Marital Defense
• Military Courts of Appeals
• Administrative Separation
• Officer Elimination
• Inspector General Investigations
• Board for Correction of Military Records
• Memorandum of Reprimands
• Non-Judicial Punishment Proceedings

Family Law and Divorce

The Richardson Firm has maintained a family law and divorce practice for several years. In 2023, Attorney Melinda Flinn joined the firm. Melinda has been practicing family law in Cumberland County for over twenty years, and she has gained a reputation as a steady and courageous advocate. She serves the residents of Fayetteville in the following areas:

• Child custody and visitation
• Child support
• Alimony
• Equitable Distribution (Property and debt division)
• Divorce
• Annulment
• Separation agreements
• Contempt
• Termination of parental rights
• Adoption
• Collaborative Law
  • Melinda has trained and participated in the Collaborative Law aspect of family law as an alternative to litigation.

Fort Liberty Traffic Tickets and DWI

Residents of Fayetteville and Fort Liberty who are charged with a traffic offense will be ordered to appear to answer the charges in federal court. While there are numerous attorneys practicing traffic law in Fayetteville, there are few who are licensed to practice in Federal Court. Seeing this need, Attorney Patrick Anstead has developed a robust defense practice. Patrick routinely appears in federal court on behalf of military and non-military residents who receive traffic tickets and DUI/DWI charges on Fort Liberty.

The Richardson Firm: Dialed Into Fayetteville’s Needs

If you live in Fayetteville or Cumberland County, and you’re in need of an attorney, give us a call at 910-488-5050. If we are not able to assist with your specific issue, we can use the contacts we have developed over the years to get you pointed in the right direction.

Even though marriage vows include the phrase, ‘until death do us part,’ statistics show less than one half of marriages actually last that long. In North Carolina and across the nation, divorce has become very commonplace. Traditional courtroom litigation is always an option for couples choosing to divorce, but before the the a custody, child support, equitable distribution or alimony case goes to trial, the parties must go through the mediation process. Mediation is often a wonderful option that allows the parties to solve the matters on their own terms and move forward. In particular, mediation has proven to be exceptionally successful in child custody matters.

The experienced attorneys at The Richardson Firm will help guide you through the mediation process to make it easier and less stressful for you and your family.

HOW DOES MEDIATION WORK?

After taking part in an orientation program, the parents will attend the actual mediation. There is no cost for custody mediation and only the mediator and the parents may attend the mediation. If one parent lives out of town, the program may be facilitated by video.

If an agreement is reached during the mediation, the parties have an opportunity to review the proposed agreement with their attorneys before the order is signed by a judge.

If no agreement is reached, the parents may try mediation again or the case may proceed to trial. Once an agreement is signed by a judge, it becomes a custody order.

ADVANTAGES OF MEDIATION

There are many advantages to using mediation instead of going to through with traditional courtroom litigation, such as:

• The mediation process tends to be more affordable because it allows the parties to avoid the costs of a custody trial;
• It offers parties the ability to customize their settlement based upon their personal knowledge and needs instead of relying on a third party judge to determine the terms and conditions of the custody order;
• Generally, the mediation process provides the ability to achieve a quicker resolution versus trial, and many couples can reach an agreement in one mediation session; and
• Mediation sessions take place in a relaxed and non-confrontational atmosphere.

HOW CAN MY ATTORNEY HELP

Having an experienced North Carolina family law attorney is vital in helping you prepare for mediation. The Richardson Firm’s family law attorney can help prepare you by discussing possible strategies, realistic goals, and all of the relevant state laws that apply to custody orders. You do not have to face this task alone. The Richardson Firm is here to help and guide you.

CONTACT OUR EXPERIENCED FAMILY LAW ATTORNEYS AND LET US PROTECT YOUR ASSETS AND PROTECT YOUR FAMILY

Custody mediation is the chance to work with the other party on a pathway forward by finding common ground and agreeing on a custody order that protects the child, your rights as a parent and helps you avoid the expense of protracted litigation, but first, you should have an attorney who can advise you and help you navigate this process.

The Richardson Firm’s attorneys and staff know how difficult the end of a relationship or marriage can be. Our firm has over a century of combined legal experience and a veteran staff ready to help you. Whether it is child custody, child support, equitable distribution, post-separation support, alimony or divorce, we are here to help you. After the initial litigation has ended, we will remain available to help with any modification, enforcement or contempt issues that arise.

Call us at 910-488-5050 to schedule a consultation with one of our attorneys.

The experienced attorneys at The Richardson Firm will help guide the divorce process to make it easier and less stressful for you and your family.

NO-FAULT DIVORCE

Like many states, North Carolina offers no-fault divorce for those couples who have decided to end their marriage. No-fault divorce is ideal and makes the divorce process easier and less stressful than a fault divorce. It means just that – no-fault; neither party is at fault for the divorce and therefore, neither party has to prove any wrongdoing. However, there are some circumstances where it may be necessary to prove grounds for divorce and, in that case, you may want to consult with a qualified divorce attorney as soon as possible.

ABSOLUTE DIVORCE

Sometimes called a “Simple Divorce,” an absolute divorce is where the person filing only wants to be divorced and is not requesting anything else, such as property division or spousal support.

In North Carolina, you must be separated and live apart for at least a year before you can proceed with a divorce. During this time you cannot live under the same roof.

CHILD CUSTODY, CHILD SUPPORT, EQUITABLE DISTRIBUTION (Division of Property, Assets and Debts), ALIMONY AND POST SEPARATION SUPPORT

You do not need to wait until filing for divorce to file for custody, child support, equitable distribution (the process by which North Carolina courts divide and apportion the marital property, assets and debts), alimony and post separation support (temporary alimony pending the final award / determination of alimony). You can file for custody before you separate, and you can – and should – file for child support, equitable distribution, alimony and/or post separation support as soon as your separate.

FILING FOR DIVORCE

If you want to completely end your marriage, you will want to seek an absolute divorce. Either party can file the initial paperwork to terminate the marriage.

You must file the paperwork with the clerk of the county in which you or your spouse reside. You must serve the other party with paperwork, by (1) certified mail with restricted delivery and return receipt requested or (2) via personal service through a sheriff’s deputy. An experienced divorce attorney will handle the filing of paperwork and ensure that the other party is served. Because of the technical requirements and difficulties involved, an attorney will be best suited to ensure the rules are followed. If the rules are not followed specifically, the court can – and likely will – deny your divorce.

HOW TO FILE

To file for divorce, you must file the following documents:

Complaint: The complaint declares the facts of your particular case and any requests for property division, spousal/child support, and any supporting information. It is important to work with an experienced divorce attorney to draft this document as there is no standard complaint form in North Carolina.

Summons: In a civil case like divorce, the summons is the official court document that informs the other spouse that a case has been initiated. It also informs the other spouse of their rights, as well as any time limits.

After a complaint and summons have been created, the spouse who has initiated and filed the divorce case must have these documents served to the other spouse. Serving documents does involve paying a fee to have the police department or other office to serve the other spouse with these documents.

General Forms: Domestic Civil Action Cover Sheet and an affidavit pursuant to the Servicemembers Civil Relief Act (SCRA), telling the court whether or not your spouse is in the military. Th SECRA affidavit intended to protect the legal rights of active-duty service members, and there are specific requirements involved with the completion of this document that non-attorneys may miss.

Finally, you must pay the court filing fee. If you are unable to do so, you can apply to file as an indigent using a state form.

CONTACT OUR EXPERIENCED FAMILY LAW ATTORNEYS AND LET US PROTECT YOUR ASSETS AND PROTECT YOUR FAMILY

In North Carolina, the courts can be unforgiving in situations where your information and documents are not properly in order. As it is the general procedure for filing for divorce, it does not take into account your unique situation, and your possible need for alimony and/or child support. Contact The Richardson Firm today for advice targeted to your unique situation.

The Richardson Firm’s attorneys and staff know how difficult the end of a relationship or marriage can be. Our firm has over a century of combined legal experience and a veteran staff ready to help you. Whether it is child custody, child support, equitable distribution, post-separation support, alimony, or divorce, we are here to help you. After the initial litigation has ended, we will remain available to help with any modification, enforcement or contempt issues that arise.

Call us at 910-488-5050 to schedule a consultation with one of our attorneys.

The idea of alimony may seem simple, but alimony is actually often a complex and contentious issue during a divorce. It is common for people to come into a divorce with mistaken or outdated ideas regarding alimony.

The attorneys at The Richardson Firm can help you understand several ways in which a family lawyer can assist you.

WHAT IS ALIMONY

When one spouse can’t support themselves after a divorce, that spouse can seek alimony, also known as spousal support, from the other spouse to help them stay financially secure as they transition out of the marriage. The meaning behind alimony is that both spouses have become accustomed to a certain lifestyle in marriage, and neither spouse should have to immediately face a drastic change in their financial means because of a divorce.

WHY IS ALIMONY AWARDED

Often, in a marriage, one spouse chooses to pass up income and career development opportunities for the good of the family. When the couple separates, the spouse who made the sacrifice has no way to support themselves and maintain the same lifestyle they have become used to.

Meanwhile, the spouse with more income benefited from the sacrifices made by the other spouse throughout the marriage. The higher-earning spouse typically wouldn’t have been able to be as successful if the other spouse hadn’t devoted time to taking care of children or otherwise supporting the house and family.

Therefore, alimony allows both spouses to leave a marriage on equal footing while they figure out a way forward. The duration that alimony lasts usually depends on the length of the marriage.

WHICH SPOUSE IS AWARDED ALIMONY IN NC

It is often believed that alimony always means a husband making payments to a wife; however, that is an outdated thought. In North Carolina, alimony laws do not favor one gender over another. Additionally, alimony is a factor in same-sex divorces.

Either spouse can receive alimony if they meet one of two criteria:

• The spouse can’t meet their own reasonable financial needs without the other spouse’s income or assets.
• The spouse can’t maintain the standard of living they enjoyed during the marriage without the other spouse’s income or assets.

The judge in the case will decide which spouse, if either, meets the criteria and is eligible for alimony. In alimony cases, the spouse who receives alimony is called the dependent spouse and the spouse who pays alimony is called the supporting spouse.

FACTORS IN THE AMOUNT OF ALIMONY

Once alimony is awarded, payments can take the form of installments or a single lump-sum payment. In many cases, alimony payments have a set end date. However, the judge doesn’t have to set an end date if they don’t feel it’s appropriate.

North Carolina judges take into consideration many things when they factor how much alimony a spouse might be eligible for and how long alimony should last:

• Earning capabilities of both spouses
• Length of the marriage
• The standard of living or lifestyle during the marriage
• Assets and property acquired during the marriage
• Each spouse’s disabilities or other unique needs
• Each spouse’s age and physical and mental health
• Marital misconduct, such as:
• Adultery
• Abandonment (physical or emotional)
• Any other economic factor that would influence a person’s ability to support themselves

As each relationship and divorce is unique, it is extremely difficult to generalize how alimony will look in practice. If you’re facing a divorce and need to make a claim for alimony or find yourself on the other side to defend yourself against an unreasonable alimony claim – it’s in your best interest to speak with an experienced lawyer like the family lawyers at The Richardson Firm who can give you personalized advice.

CALL THE RICHARDSON FIRM TODAY

If you have questions about alimony, reach out to our experienced divorce lawyers at The Richardson Firm. We’ll meet with you to learn about your situation and offer straightforward advice about what to do next.

No matter the need, the family lawyers at The Richardson Firm have your family’s best interest at heart while still advocating for each individual’s rights and interests.

Call us at 910-488-5050 to schedule a free consultation with one of our attorneys.

Family lawyers are typically called upon when a legal dispute or issue involving family members needs to be resolved. These laws vary depending on the state, and are made to preserve the rights of individual family members while upholding the interests of the family structure as a whole.

Many families are often unsure of the role and importance of a family lawyer. The attorneys at The Richardson Firm can help you understand several ways in which a family lawyer can assist you.

MOST COMMON PRACTICES FOR FAMILY LAWYERS

Family lawyers are legal professionals that specialize in those things that deal with family law. They handle legal issues that are concerned with members of the family. Such legal issues may include divorce, child custody, and guardianship among others.

These are some of the things that family lawyers can do:

Marriage Preparation – Every state has different laws when it comes to marriage, a family lawyer will guide you through the legal requirements for marriage in your state. Additionally a family law attorney can also give advice related to marriage legal responsibility and rights.

If you and your spouse are bringing any pre-owned assets into the marriage, then it’s essential to draft a prenup agreement. A family lawyer is necessary when preparing a prenup agreement before marriage.

Divorce – A divorce can run the gamut of difficulty levels and going through one is probably one of the most draining experiences a family faces. A family lawyer can help mediate, discuss custody issues, and property ownership. A skilled family lawyer can assist divorcing couples with settling matters without necessarily going to court.

Depending on the reasons for divorce, whether it’s abuse, extramarital affairs, or negligence, each party is allowed to have legal representation and has legal rights and liabilities. Some divorce cases have been known to become drawn out, leading to civil lawsuits which then drain resources and time.

The family lawyers at The Richardson Firm will do their best to help you reach compromises and fair terms without going through lengthy court sessions.

Estates and Wills – Drafting and updating estate plans and wills is a continuous process as life changes — children are born, large purchases, etc. These documents are important as they ensure protection of assets once you pass away or are incapable of making decisions.

Family lawyers are responsible for assisting people in drafting wills and estate plans and also legally validating these documents. Additionally, family attorneys have the essentials to ensure that an estate is administered as stated by a deceased via the will.

Custody – The most common thought of family law is for custody issues when it comes to divorce. However, child custody issues are not triggered by divorce alone.

If separated or working through a divorce, every parent has a legal right to protect and care for their children even when separated. In other cases, one could be fighting for custody against the state or other family members. A family lawyer will show a parent the step-by-step procedure of getting full custody of a child.

A family lawyer is best suited to handling family relationships and conflicts among family members. They help members of families to handle family disputes that would otherwise be complicated by emotions. No matter the need, the family lawyers at The Richardson Firm have your family’s best interest at heart while still advocating for each individual’s rights and interests.

Call us at 910-488-5050 to schedule a free consultation with one of our attorneys.

If facing allegations of criminal charges in Cumberland County, it is important to understand the process and how courts work. With all the information online and how overwhelming a criminal charge can be, we strongly recommend you talk to an experienced lawyer after an arrest or summons.

Facing criminal charges can be stressful and cause much anxiety. Much of the anxiety is likely to be from the unknown and not understanding what comes next.

The attorneys at The Richardson Firm can help you and your loved ones understand your charges, whether you’re facing a misdemeanor or a felony.

The easiest way to differentiate between the two types of offenses is in how they are punished. If convicted of a misdemeanor, one can face up to 150 days in jail. On the other hand, if convicted of a felony, the minimum punishment is twelve months in prison. No maximums are explicitly defined by state law.

MISDEMEANOR

In North Carolina, misdemeanors are not as serious as a felony, however, that does not mean they are insignificant criminal offenses. The state of North Carolina ranks these crimes into four different classes:

Class 3: The least serious type of misdemeanor; carries a maximum penalty of 20 days in jail and a $1,000 fine. Examples include — disorderly conduct.

Class 2: The maximum penalty is 60 days in jail and a $1,000 fine. Examples include — simple assault and issuing a false check valued at $2,000 or less.

Class 1: Punishable by up to 120 days in jail and a fine set by the judge. Examples include — larceny under $1,000 and driving with a revoked license.

Class A1: The most serious type of misdemeanor, with a penalty is up to 150 days in jail and a discretionary fine. Examples include — sexual battery and assault with a deadly weapon.

FELONY

North Carolina divides felonies into 10 classifications: A, B1, B2, C, D, E, F, G, H, and I. Where misdemeanors have set rules for punishments, felonies do not. The only exception is with Class A felonies, which are punishable by death or life imprisonment. Other felonies have different punishments that may include any combination of fines, probation, and prison terms of any length. The assigned judge on the case takes the offense into account as well as the previous criminal record.

Some examples of felony offenses include murder, manslaughter, rape, armed robbery, breaking and entering, arson, armed robbery, assault with a deadly weapon, and assault with intent to kill.

WHAT TO DO IF YOU ARE FACING CHARGES

The difference between a felony and a misdemeanor crime comes down to the type of offense that’s been committed, how severe the damage is to another person or to the public at large or to the state of North Carolina.

If you are facing criminal charges, it is imperative to discuss your case with an experienced criminal defense attorney. At The Richardson Firm, our top priority is advocating for your rights. We will do everything we can to ensure you receive the best possible defense.

Call us at 910-488-5050 to schedule a free consultation with one of our attorneys.

The end of a marriage or relationship is a difficult process, often bringing anxiety, stress, and uncertainty into your life. If there are children involved, the process can become even more complicated. It is important to have the help of a skilled and experienced family law attorney to help you get through it.

Each state has different laws when it comes to separation, custody, child support, spousal support, asset division and divorce. Because these complicated legal issues can be confusing, it is important to have an attorney who can help you understand all that is involved.

WHAT ABOUT THE CHILDREN?
The first question we attorneys are often asked is how the child custody process works. If the child has been residing in North Carolina for more than six months (or for the majority of his/her life if he/she is less than six months old), you will file for custody in North Carolina. Although you must wait one year and one day after your separation to file for divorce, child custody and child support are separate claims and can be filed at any time. There is no waiting period. In fact, we advise people to start the process for custody and child support as soon as possible. It may not seem like it, but starting the legal process for child custody and child support will help you move forward quicker and help you and your family move beyond the end of your marriage.

WILL SOMEONE BE PAYING ALIMONY?
A spouse can file a lawsuit for Alimony and Post Separation Support (the temporary form of alimony paid until the case is resolved) as soon as the parties separate. To obtain (or be held liable for) Post Separation Support and Alimony, the Court needs to (1) find that one spouse was substantially dependent on the other spouse for financial support during the marriage, (2) determine the standard of living (i.e., lifestyle) to which the dependent spouse was accustomed, (3) determine whether the supporting spouse has the financial ability to pay the dependent spouse support (after examining each spouse’s monthly budgets, incomes and financial liabilities) and (4) determine whether there was any wrongdoing that should be considered when setting the amount of support.

If a spouse is now cohabitating with another person while involved in a romantic relationship, that person is not entitled to Post Separation Support or Alimony. As a general rule, if a spouse committed adultery during the marriage, that spouse will not be entitled to Post Separation Support or Alimony in North Carolina.

WHAT HAPPENS TO THE HOUSE? WHAT ABOUT OUR RETIREMENTS? DO I NEED TO KEEP PAYING THESE DEBTS?
North Carolina has laws that decide how debts, property and financial assets are divided between the parties. These laws create the action of Equitable Distribution.

As a general rule, the law provides that each spouse shall receive half of the net total of debts, properties and assets. However, because it is not easy – or even possible – to divide certain items, spouses can receive “distributive” awards instead of property. A distributive award is money or assets equal to the party’s share.

People are always concerned about where they will live and what will happen to the marital home. Oftentimes, we can help a spouse keep the marital home so that the spouse and/or children can have some sense of normalcy during this trying time.

Marital debts are also divided evenly between the parties during this process. Debts incurred during the marriage, regardless of whether both spouses have their names on the debt, are usually marital, but there are some exceptions. Debts are factored into the net value of the marital estate just like assets and property, and the parties need to consult with attorneys immediately to determine who is responsible for the debts.

While the general rule is that each spouse receives half of the net value, Courts can – and often do – give one spouse a greater share of the marital assets. This is done when one spouse has a greater earning potential, more assets to his/her name as a result of having separate property (property that is not marital, often inherited or received as a result of property the spouse owned before marriage) and other factors. Unlike Post Separation Support and Alimony, the “fault” of one party cannot bar that party from receiving his/her share of marital assets.

It should be noted that military retirements, Thrift Savings Plans (TSP’s) and accrued leave are divided in the equitable distribution process along with the non-military debts, property and assets. Many people think that the parties need to be married for ten years for a spouse to have property rights in the other spouse’s military retirement, accrued leave or TSP. This is not true. Ten years is only relevant to how the spouse’s portion is paid (whether from the service member or from the military), and if the parties were not together for ten years, the non-military spouse can receive his/her share of the benefits.

WHEN CAN I FILE FOR A DIVORCE?
Any legally married spouse can file for divorce one year and one day after the parties separate, regardless of where the marriage occurred.

These two requirements must be met:

• One spouse must be a legal resident of North Carolina who has lived in the state for at least six months before filing.
• The two spouses must have lived separate and apart for at least one continuous year, and at least one spouse must have intended to leave the marriage throughout that time.

The separation requirement is imperative. While you do not have to file any paperwork to begin a separation, either you or your spouse must move out of the marital residence and have an intention to leave the marriage. The separation requirement is for one continuous year.

As long as you meet the requirements to file, you don’t need any specific grounds for divorce in North Carolina. The spouse filing for a divorce does not need to prove the other spouse was at fault in order to get an absolute divorce.

People often ask if it is possible to obtain an annulment in North Carolina, despite popular belief, annulments are not easy to obtain. Annulments are only issued if the marriage is deemed to be invalid, and as such, and North Carolina’s requirements for annulments are hard to meet.

MY SPOUSE FILED FOR DIVORCE IN ANOTHER STATE, WHAT DO I DO?
If someone files for divorce in another state, if you live in North Carolina, you can still file for child custody (if North Carolina has jurisdiction based upon the children’s residency), child support, alimony, post separation support and equitable, and if someone files for divorce in North Carolina, you can counterclaim for child custody (if the children have lived here for six months), child support, alimony, post separation support and equitable distribution against the spouse who filed for divorce. However, in these situations, you MUST file your complaint or counterclaims before the divorce is granted.

CONTACT OUR EXPERIENCED FAMILY LAW ATTORNEYS AND LET US PROTECT YOUR ASSETS AND PROTECT YOUR FAMILY
The Richardson Firm’s attorneys and staff know how difficult the end of a relationship or marriage can be. Our firm has over a century of legal experience and a veteran staff ready to help you. Whether it is child custody, child support, equitable distribution, post separation support, alimony or divorce, we are here to help you. After the initial litigation has ended, we will remain available to help with any modification, enforcement or contempt issues that arise.

With our experience in handling military matters, we understand how Army, Navy, Air Force, and Marine Corps personnel and retirees have special considerations in family law situations. Even after retirement, former service members need the knowledge and skill of a firm well versed in military divorce, and The Richardson Firm offers that to each and every client.

If you have questions or if you are faced with a custody, alimony, separation, divorce, property division / equitable distribution, support, modification, enforcement or contempt issue, do not hesitate to contact The Richardson Firm. Everything we do is confidential, and we can help provide the legal advice and representation you need to move forward with your life, protect your assets, and protect your family.

To start your consultation, contact us today at (910) 488-5050.