Phone 704.636.7166

Fax 704.636.7606

mbs@ncfamilylaw1.com

Mary Beth Smith has practiced family law for over thirty years and has built a strong reputation as a competent, reliable, and straightforward attorney. She and her team work diligently for all of their clients to ensure that their clients are heard; that their clients are informed; and that their clients have the best experience possible as they navigate through the separation and divorce process.

At the Law Offices of Mary Beth Smith, PLLC, we believe in treating our clients with professionalism, respect, and compassion. We will work passionately and aggressively on your behalf to protect your legal rights; to advocate for the best interests of your children; and to strive for the best possible outcome for you and for your family.

Our firm provides individualized representation tailored to encompass your specific legal needs and goals. Contact us today to schedule your consultation and let us help resolve your legal issues so that you can focus on moving forward.

Divorce

A divorce is the legal dissolution of a marriage. To file for a divorce in North Carolina you must be separated from your spouse for a full year and at least one party must have been a resident of North Carolina for at least six months prior to the filing of the action.

Even if you believe your divorce is straightforward, it is important to speak with an experienced family law attorney prior to your filing for a divorce or when your spouse files for divorce against you because certain very important rights to which you may be entitled can be lost if not protected prior to the entry of a final divorce judgment.

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Divorce

Post Separation Support/Alimony

One of the most hotly contested issues during a separation and divorce is the payment of support for a spouse. When parties separate and divorce the loss of shared income can be financially devastating for a dependent spouse, but you may qualify for post separation support and/or alimony to help you get back on your feet and become more financially secure. The Court takes into consideration a number of factors in determining if a spouse is eligible for post separation support or alimony and it is important to speak with an experienced attorney about these issues.

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Post Separation
Support/Alimony

Child Custody

When a relationship ends, parents need to address how it will impact their children. Finding the answers to questions like, who will the children live with primarily? and when will the children spend time with the other parent? is a very important part of the separation process, and the best interests of the children should be paramount in these considerations.

At the Law Offices of Mary Beth Smith, PLLC, we understand that your children are the most important part of your life and that you want what is best for them. When parents can mutually agree on custody and parenting time, these matters can be settled without the necessity of a trial in Court. However, when parents are not able to reach an amicable agreement on custody or there are issues which warrant Court intervention, it may be necessary to file the appropriate legal actions for a Judge to determine what is in the best interests of the children.

As your North Carolina family law attorney, Mary Beth Smith will focus on your child’s best interests and will work to ensure that your rights as a parent are protected whether that is through a negotiated agreement or through the Court process.

Child Support

If parents can mutually agree on a child support amount for the use and benefit of their minor children, child support can be worked out without having to go to Court. If parents cannot agree on a child support amount, it may be necessary to seek the assistance of the Court to establish and enforce child support. If the Court is asked to determine child support, it will be set in accordance with the North Carolina Child Support Guidelines.
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Child Custody &
Child Support

Mediation

Mediation is a dispute resolution process in which a mediator works to assist individuals in reaching agreements which are mutually acceptable to the parties involved. Mediation is a great opportunity to amicably resolve issues which arise during separation and divorce. Mary Beth Smith has been a Dispute Resolution Commission Certified Family Financial Mediator since 2011 and a Dispute Resolution Commission Certified Superior Court Mediator since 2011. As a DRC Certified Mediator, she understands and supports the mediation process and believes that families most often are better off and happier with the outcome of their legal matters when they are able to reach resolutions that are mutually agreeable to both parties. Mediation opportunities can occur prior to litigation and also during the litigation process.

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Mediation

Prenuptial Agreements

A prenuptial agreement, also known as a “prenup”, is defined in North Carolina as an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. Prenuptial agreements typically are used to protect assets and incomes that may be less protected or not protected at all upon a dissolution of marriage in the absence of such an agreement. Prenuptial agreements can be very beneficial to one or both parties, but they also can be extremely detrimental particularly to a party who may not have the same level of assets or earning abilities as the other party. As with all legal documents, it is very important to discuss with an experienced family law attorney all legal ramifications of signing a prenuptial agreement before you do so.

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Prenuptial Agreements

Equitable Distribution (Property)

Equitable Distribution is when a Court determines what is marital property and what is divisible property and makes a division of said property between spouses. In North Carolina, there is a presumption that an equal division is equitable, but in certain cases the Court may determine that equal is not equitable and can make a different allocation of marital assets. There are a number of factors that the Court can consider in determining an equitable distribution, and it is important to discuss those factors and other considerations related to an equitable distribution with an experienced North Carolina family law attorney such as Mary Beth Smith.

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Equitable Distribution

Separation and Property
Settlement Agreements

Separation and Property Settlement Agreements are written contracts entered into by spouses at the time of separation which resolve financial and other issues by mutual agreement of the parties. Separation and Property Settlement Agreements can cover all aspects of a separation including custody, child support, division of assets and debts, and payment or non-payment of spousal support or alimony. If the parties are able to reach a mutual agreement on these issues, entering into a Separation and Property Settlement Agreement can alleviate a lot of added expense and stress that can arise if you have to go to Court for a Judge to decide these issues for you.

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Separation and Property
Settlement Agreements

Domestic Violence
Protective Orders

Domestic Violence Protective Orders, commonly referred to as “50Bs”, are powerful Orders which can provide protection for an individual who has been subject to acts of domestic violence.

If a Judge finds that an act of domestic violence has occurred, the Judge will grant a protective Order restraining the offending party from further acts of domestic violence. These Orders can be entered on a temporary basis until a full hearing on the merits can be held.

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Domestic Violence
Protective Orders

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