Practice Areas
Family Law
The Boyette Law Firm is a full service Family Law Firm. We handle domestic issues and cases including, but not limited to, absolute divorce, child custody, child support, equitable distribution of property, spousal support issues of alimony and post separation support.
Our attorneys have the necessary experience and skill to effectively resolve even the most complicated family law issues. In many cases, we are able to reach out of court settlements through skillful and meaningful negotiation. In some cases, litigation is necessary and our attorneys will be zealous advocates for you in the courtroom.
Divorce
North Carolina law provides for absolute divorces based on one year's separation. After you and your spouse have lived separate and apart for one year, without resuming the marital relationship, either of you may obtain an absolute divorce.
It is important to note that an Absolute Divorce does not resolve all financial or property issues. In fact, the entry of an absolute divorce terminates your rights to post-separation support, alimony, and equitable distribution of your property.
If you attempt to move forward on your divorce without legal representation you may sacrifice certain rights and privileges that are available to you.
Child Custody
If you and your spouse are not able to resolve the issues of custody and visitation then a judge will. North Carolina law provides that a judge will determine what is in the best interests of your child.
In most cases, the child and the parents will be better served by putting the child's welfare first and trying to decide what is best by agreement rather than by litigation. At the Boyette Law Firm we have vast experience negotiating and settling various custody arrangements.
In New Hanover, Brunswick, and Pender Counties child custody mediation is required and in some cases an agreement is reached at the time. It is still prudent to have an attorney review and revise any agreement contemplated in mediation.
In some cases, litigation becomes necessary. During a custody trial, the judge considers certain facts and issues to determine the best interests and welfare of the child, the guiding principle in deciding who is awarded legal custody. Here are some guidelines:
- What is the child's age?
- Who assumed primary responsibility in caring for the child during the marriage?
- Who has historically fed, bathed, clothed, attended Doctors appointments and completed homework with the child during the week?
- What is the work schedule of each parent who works outside the home?
- What is the physical, emotional, and parenting ability of each parent?
- With whom is the child bonded psychologically?
- Is either parent trying to prevent the child from continuing a relationship with the other parent?
- Is either parent trying to use the child just to hurt the other parent?
- Is either parent really unfit, unwilling, or unable to properly and appropriately raise the child?
An experienced attorney will ensure that the Judge deciding custody will have the relevant and necessary information to make a decision about custody.
Child Support
Both parents have a duty to support his or her children. North Carolina has adopted Guidelines that apply to most child support cases and are based upon the income of both parents, the type of custodial arrangement that exists, and factors such as day care and health insurance costs.
We have represented parents who are paying child support to ensure support is accurately and equitably calculated.
We have also represented parents entitled to receive support for children in their care and custody.
Department of Social Services Defense
If the Department of Social Services has become involved in your life then you need aggressive and effective legal representation. Most people are not aware that the Department of Social Services can petition the Court to remove your child from your custody. At the Boyette Law Firm, we understand the unique and complicated issues that arise due to the involvement of the Department of Social Services.
The State of North Carolina takes the allegations of child abuse, neglect, and dependency very seriously. Proceedings can, and often do, take over a year to resolve. You are subject to examination by an attorney for the Department of Social Services. Without effective legal representation, your children could be put in the sole custody of their other parent, or they could be put under the care of a relative or even placed in foster care.
We regularly defend the rights of parents accused of neglecting or abusing their children. If the Department of Social Services has filed a petition against you it is important that you act quickly.
Juvenile Law
Your child may become entangled with the juvenile court system by and through school, law enforcement, or even from community complaints. Proceedings in juvenile court may be initiated under circumstances where a child is habitually uncontrollable, violates curfew, is habitually truant, or violates any criminal law. In many cases a juvenile may even be detained as a result of allegations of criminal conduct.
The juvenile system operates differently than the adult criminal system and it is important to have the assistance of an experienced juvenile defense attorney that is familiar with the policies and procedures of the system. At the Boyette Law Firm we have been representing juveniles for approximately 14 years.
Criminal Defense
When it comes to criminal law cases, an experienced and effective criminal defense attorney can mean the difference between a prison sentence and reduced or dismissed charges. At the Boyette Law Firm we are dedicated to defending the rights of the accused.
At The Boyette Law Firm we are dedicated to obtaining the best possible outcome for our clients and will work to ensure that your rights are protected throughout the legal process.