Kennedy Law Associates' Blog

Civil courts have been around for centuries as a way of helping people solve disputes that are not criminal complaints. Family court, however, is a relatively new creation by the judicial system. Operating as part of or along similar lines to a civil court, family courts are there to resolve specific issues for people and their children.

• Why have a separate family court?

Family courts deal with issues unlike most of the others in the legal system. Evidence of affection, commitment and other unquantifiable parts of the human or parenting experience have to be considered. Since children are often affected by family court outcomes, they may also involve counseling during and after proceedings.

• What is covered by a family court in North Carolina?

It is a fundamental part of parenthood for mother and fathers alike that they do not want to be separated from their children. Even parents who must be isolated from their kids in hospitals and similar places feel an itch that doesn't go away until they can be with their family again.

When the state has to step in for the safety of a child or family, it usually does it through social service departments or children's services. The skills and integrity of social workers is very important to parents and children alike. So, it is causing several problems that a North Carolina county's social services department is facing a scandal.

It's natural to be a little concerned about an upcoming marriage. Tension is so normal that "cold feet" and other expressions show its role in society. Patience and self-awareness can help people get through this phase, and communication with a future spouse is essential as well.

But there are also concrete steps people can take if they are concerned about the safety of their assets in a legally recognized relationship. North Carolina will recognize many individuals' property previous to a marriage as their own individual assets. But things can get complicated for shared assets like homes and the increasing value of assets during a marriage.

When a marriage is just getting started in a haze of love and affection, it's hard to picture any trouble. But feelings can change over time. Even people who still have warm feelings for each other can decide to call it quits. What can make the separation harder? It often comes down to the division of property.

North Carolina has some guidelines on how people can separate their assets in a divorce. A lot of trouble and effort can be saved when people work out how to figure out a fair separation of assets that works for both of them -- especially when they do it far in advance of any marital problems. The security of a prenuptial agreement can make an approaching divorce easier to bear.