Ashley-Nicole Russell, P.A. - Family Law Offices - Raleigh

An|R Services

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  Absolute or Uncontested Divorce Attorney

  An Absolute or Uncontested Divorce only deals with ending the marriage and does not deal with property division, Cash-flow or Alimony, or Child Custody or Support. In North Carolina, the requirements for obtaining a NC absolute divorce on the grounds of of a one year separation include but are not limited to the following: 1. Either the plaintiff or the defendant must have resided in North Carolina for at least six months immediately preceding the institution of the divorce action. 2. The parties must have lived separate and apart for one year. Whether there has been a resumption of marital relations during the period of separation shall be determined pursuant to the general statutes. 3. The plaintiff must set forth the name and age of any minor child or children of the marriage. The complaint for absolute divorce is filed in district court. The action is to be filed in the county in which either plaintiff or defendant resides. In the Collaborative approach, the attorneys generally negotiate all variables of the divorce peacefully with the opposing counsel to reach a settlement prior to calendaring for finalization. To find out all of the requirements and steps involved in an uncontested or absolute divorce call the office to schedule an appointment today, or contact us.

  Link: Absolute or Uncontested Divorce Attorney

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  Adoption & Name Changes

  Adoption It is our goal to help our clients complete their families. We take pride in helping our clients to have the families they desire. We handle step-parent, grand-parent, agency, and independent adoptions. To find out all of the requirements and steps involved in an adoption call the office to schedule an appointment today. Name Changes North Carolina law allows a spouse, in conjunction with a divorce, to take a name other than the current spouse�s last name. A name change is requested when the complaint is filed or the answer.

  Link: Adoption & Name Changes

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  Alimony & Property Division

  Property Division is an area of conflict that we are skilled at guiding you through. Our clients may resolve the issues of property division and Cash Flow (also known as Alimony) in a Separation Agreement drafted through Collaborative conferences. The rights to equitable distribution (ED) of marital property vest at the time of the parties separation. The rights to ED are not, however, automatic, but must be specifically asserted by one or both of the parties. There are multiple options for asserting a claim for Equitable Distribution including a Separation Agreement reached by collaboration. Alternatively, upon application of a party, the court shall determine what is the marital property and shall provide for an equitable distribution. At any time after the separation of the parties, either may file an action for ED, either as a separate action or together with another action brought pursuant to Chapter 50. If the parties choose the path of litigation a final ED judgment may be rendered either before or after the parties are divorced. If the judgment is being entered by consent, the parties themselves can stipulate to do so prior to the divorce. Lastly, and most simplistically, the parties can agree to the terms of a Separation Agreement and Property Settlement through the help of our skilled attorneys. Cash Flow (also know as Alimony) in North Carolina is payment for the support and maintenance of a spouse, either by lump sum or on a continuing basis. Alimony is paid by the supporting spouse to the dependent spouse. There are numerous factors in deciding if a spouse is dependent. The Courts can determine alimony, or it can be settled out of court in the form of a Separation Agreement. Alimony conversations are difficult and but they can be addressed in an amicable and straightforward conversation instead of a bitter, ongoing struggle. Before it gets to that point, it's important to understand where alimony comes from, and what it's based on. The Collaborative Process allows the Cash-Flow conversation to happen organically and based on the needs of the parties. In the Collaborative Process, we will help both parties to create a budget for moving forward and assess the parties needs financially. To find out all of the requirements and steps involved with Cash-Flow and Alimony call the office to schedule an appointment today with our alimony attorney.

  Link: Alimony & Property Division

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  Child Custody & Support

  Conflict involving children is emotionally difficult. The Law Offices of Ashley-Nicole Russell, P.A. help parties in resolving the issue of co-parenting. It is the mission of our office to help our clients deal with child custody and support issues in a manner that insulates children from the adversarial effects of going to court. The Standard for Child Custody or Co-parenting in North Carolina is: In the Best Interest of the Minor Children. Our office will act quickly to resolve differences, using Mediation, Collaboration or Settlement Negotiation in a manner that will promote a caring, loving, and involved relationship between the children and both parents. We will help our clients to insulate children from involvement in disputes. The foundation of Collaborative Family Law is to create a better way to separate and divorce where the children's needs and support are paramount in the process.

  Link: Child Custody & Support

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  Collaborative Divorce

  Separation and divorce are, for many, trying and defining events in life. Just as in the grief process for any loss, separation and divorce may involve intense feelings of pain, anger, guilt, sadness, and more. These feelings are hard to avoid in a transition often defined by anger, conflict, betrayal, and financial uncertainty. This is true for children of the marriage as well as adults. These are very important questions. In the beginning, the experience of separation or divorce may feel overwhelming. In reality, the process can be a series of manageable tasks. It must be remembered that separation or divorce is like many other transitions in life it can hold the promise of relief, growth, and healing if the right path is taken. The goal of the Collaborative Process is to help divorcing couples create a good foundation for the future. We strive to help couples take the uncertainty out of their divorce. This is accomplished by having professionals available to assist each spouse in every aspect of the process, by providing flat fees for legal services, and by empowering each person to make sound decisions for themselves and their children. The Collaborative Process is most different than mediation in that each spouse is represented by their own attorney. Divorce is usually thought of as only a legal process: couples hire lawyers, go to court, and come out with some paperwork that officially ends the marriage in the eyes of the law (even though couples with children know the parenting relationship will continue). However, there is another option for divorce. In 2003, the Collaborative Process was incorporated in Chapter 50 of the North Carolina General Statutes. In the Collaborative Process, Collaborative Professionals understand that separation or divorce is much more than just a legal process. It is an emotional and financial journey that includes a legal event which is one step along the way. Just as marriage is much more than a piece of paper, the process of divorce is far more than simply signing the final agreement.

  Video: Collaborative Divorce

  Link: Collaborative Divorce

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  High Net Worth Divorce

  A divorce lawyer can be an expensive and difficult, fraught with unforeseen emotional issues. When sizable assets are a part of a divorce settlement, you should consider an attorney who will take the steps necessary to protect your marital rights and interests. You should secure the representation of an experienced divorce attorney, who understands the issues surrounding high net worth couples, and their collective assets. Couples with extensive marital assets and estates are likely to face complicating factors during their divorce. The equitable distribution of property can be a difficult process, and can include: Stock options (Employment and Personal) Business valuations Vacation Homes/Other homes Rental property Investment accounts Savings / Checking Accounts Children's Accounts (College & More) Ashley-Nicole Russell is skilled at protecting her client's assets during a divorce settlement. Her team of associates and financial experts perpetuate a positive, mutually beneficial outcome for her clients. Outside of these high asset situations, a divorce will certainly impact other marital matters. In these cases, we provide our clients with expertise in: Child Support Child custody Separation Support and Alimony Attorney Ashley Nicole Russell is a strong advocate for you in Greenville, Raleigh, or New Bern, NC. At The Law Offices of Ashley-Nicole Russell, we are skilled in family law and help our clients achieve the best outcome in these high-net-worth divorces. Ashley-Nicole Russell provides her client's family with sound, legal advice that will help you understand all of your options while developing a highly effective strategy to help protect what is yours.

  Link: High Net Worth Divorce

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  Litigation

  The Law Offices of Ashley-Nicole Russell, P.A. focuses on collaborative law and settlement of domestic disputes. However, we realize that sometimes the court system is necessary. Often, one spouse is forced into litigation by the other spouse. In these situations, the Law Offices of Ashley-Nicole Russell, P.A. is fully committed to protecting your interests. People going through separation and divorce are in an emotionally charged situation, and deserve personal attention with prompt and competent representation. Here, at the Law Offices of Ashley-Nicole Russell, P.A., our clients receive that type of representation. Entering the realm of litigation, often adds an additional layer of stress to an already stressful situation. The Law Offices of Ashley-Nicole, P.A. will help you manage that stress and guide you through the litigation process to, hopefully, a positive outcome. Our firm can advise and represent you in all aspects of family law litigation, including property division, alimony and child custody and support issues. The first step when served with a domestic complaint is to schedule an appointment with us so we can discuss and evaluate your personal situation. All of our clients have a unique problem they are facing and attempt to solve that problem with our expertise and compassion. Once we have evaluated your case, we will devise a plan that will guide us to the most positive result. If you find yourself in a situation that requires court involvement, the Law Offices of Ashley-Nicole Russell, P.A. will protect your interests.

  Link: Litigation

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  Mediation

  You and your spouse work with the same neutral third party. For instance, if you hire me to be your mediator, I will sit with both you and your spouse to help you come to a Memorandum of Understanding. With my help, you and your spouse are able to discuss issues that need to be resolved in an amicable way. This method is cheaper than Collaborative Law and litigation, while also keeping your family out of the courtroom. It also allows you to maintain control. Mediation is often the choice for couples who can agree that their marriage is over. In this option, the couple is really just looking for some assistance and guidance on coming up with and memorializing an agreement. As a mediator, I serve as a trusted and neutral third party to help both spouses brainstorm and organize their agreement. Through my expertise in mediation and conflict resolution, I am able to look at the bigger picture and encourage the couple to do the same. It can help couples amicably decide issues like shared parenting agreements, child support, distribution of property, retirement, and taxes. This method is confidential since it is settled out of the court system. Through my years of experience, I believe that mediation is a good option for spouses that are still able to communicate despite their differences. If you can sit at your kitchen table and have a conversation about how your divorce will work and how things will be divvied up, then mediation would likely be a good option. In addition to divorce, mediation is known to work well for several other relationships and circumstances. Mediation can be used for the following: -Creating a premarital/prenuptial agreement -Developing a postnuptial agreement -Settling a dispute with a family member or friend -Settling a dispute with a neighbor or co-worker -Resolving conflict with a contractor or company It is truly amazing how a mediator, who has an unbiased opinion and different perspective, can provide clarity and support for two people who find themselves in conflict. I am an expert in Mediation and Divorce Culture and can help you during this time. If you and your spouse are interested in learning more about mediation, contact AN|R Law Offices. We have locations in Greenville, Raleigh, and Beaufort to help you divorce in a healthy manner.

  Link: Mediation

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  Prenuptial Agreements

  Congratulations on your upcoming nuptials! When preparing for your upcoming wedding the last thing you want to think about is the marriage failing. Though divorce is not something many couples want to discuss, today it is estimated that four out of every ten marriages end in divorce. Knowing the modern rate of marriage failure, many couples want a Prenuptial Agreement to protect their property and assets from endless future litigation. It is beneficial for many couples to know that their property will be protected if separation and divorce becomes a reality. A Prenuptial Agreement is a contract executed between a couple who intends to be married. The contract covers the ownership of each individual persons assets and property in case the marriage ends in divorce. Here at the Law Offices of Ashley-Nicole Russell, we approach Prenuptial Agreements with understanding and sensitivity. We encourage our clients to utilize the collaborative process to determine the terms of their Prenuptial Agreement. Many times couples learn more about each other through the Prenuptial Agreement Collaborative Process. We encourage the parties to ask each other important and difficult questions. We do not focus on the issue of divorce, we focus on protecting what our client finds important to them. It is important to understand that we cannot represent both parties. It is encouraged that both parties are represented by an attorney. Prenuptial Agreements are no longer reserved for the wealthy. Prenuptial Agreements are common in couples with many different financial backgrounds. Prenuptial Agreements are a practical tool to give the parties peace of mind when their lives merge together. These conversations may sound difficult. We are here to help you have these conversations and make sure you feel comfortable and protected. If you plan on getting married, and want to discuss having a Prenuptial Agreement, contact our office today.

  Link: Prenuptial Agreements

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  Separation Agreements

  Our team is skilled in guiding our clients through conflict. One of the most common options for settling conflict around separation and divorce is a Separation Agreement and Property Settlement. This allows the parties to stay out of court. Separation Agreements are contracts between a husband and wife that state the terms under which they will live apart. A Separation Agreement is important in that it sets the rules the parties will follow around the issues involved in their divorce. The Separation Agreement can govern issues such as spousal and child support, child custody, and the division of the couple's property. A Separation Agreement can resolve the legal issues that would otherwise be decided by a judge. The only thing a separation agreement can't do is grant the absolute or uncontested divorce.

  Link: Separation Agreements

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  Medical Malpractice

  Medical malpractice can cause stress, financial issues, and other life-altering problems. The Law Offices of Ashley-Nicole Russell provide medical malpractice representation to residents all over the state of North Carolina. With office locations in both Greenville, NC and Raleigh, NC, we can meet you in one of our offices or a location more convenient for you. COMMON QUESTIONS SURROUNDING MEDICAL MALPRACTICE: Is my injury severe enough? What do I do next? and How will my costs be paid for? Our team is here to analyze the specifics of your case and offer sound legal advice that is best for your needs and interests. To start, it is important to understand what the term medical malpractice means. Medical malpractice is not confined to in-patient care at a hospital. There is a range of cases that constitute medical malpractice such as outpatient treatment, surgeries, and more. Medical malpractice can happen under the care of any health care provider such as nurses, doctors, counselors, psychologists, physical therapists, and many others. At the initial consultation, we will listen to your case and recommend the best plan of action that will benefit you. Medical Malpractice can be a long process, but we are here to provide timely support and will resolve your case in the most efficient timeframe possible. Insurance companies and hospitals can be difficult to work with when it comes to overdue or outstanding bills. Part of our process is helping ease the burden of the communication between you and the providers. By hiring our team as your legal representation, we will be your voice to insurance companies. You can also rest easy knowing that we will stand for you against harassing collection calls or agencies. If you believe you or a loved one have suffered from the unfortunate burden of medical malpractice, contact us today. We will schedule your consultation so that our team can start easing the pain and stress that you may be experiencing.

  Link: Medical Malpractice