North Carolina Family Law Litigation Attorney
When negotiation and collaboration aren't possible, you need an attorney who can protect your rights in court. At Balbach & Davenport Legal, we provide strategic family law litigation services for contested divorce, child custody disputes, child support, spousal support, equitable distribution, and other high-conflict family law matters in North Carolina.
Who This Is For:
Individuals facing contested divorce or high-conflict custody battles
Parents fighting for custody or visitation rights
Anyone dealing with domestic violence, protective orders, or emergency custody situations
Individuals who need to modify existing court orders
Parents facing child support or alimony disputes
Anyone whose spouse or co-parent refuses to negotiate in good faith
What We Handle:
Contested Divorce
When you and your spouse cannot agree on major issues like property division, alimony, or custody, contested divorce litigation is necessary. We represent clients in North Carolina courts through discovery, negotiations, mediation, and trial if needed.
Child Custody & Visitation Disputes
Legal custody (decision-making authority) and physical custody (where the child lives) disputes. We fight for your parental rights and your children's best interests in North Carolina family courts.
Child Support
Establishing, modifying, or enforcing child support orders in North Carolina. We ensure calculations are accurate and that support orders reflect both parents' incomes and the child's needs.
Spousal Support (Alimony)
Post-separation support and alimony disputes. We represent clients seeking alimony or defending against unreasonable alimony demands.
Equitable Distribution (Property Division)
Litigation over marital property division, business valuations, retirement accounts, real estate, and debt allocation. North Carolina uses equitable distribution, and we ensure your financial interests are protected.
Domestic Violence Protective Orders (DVPOs)
Representation for individuals seeking or defending against domestic violence protective orders in North Carolina courts.
Modification of Existing Orders
When circumstances change (relocation, job loss, remarriage, etc.), we help you modify custody, child support, or alimony orders.
Enforcement of Court Orders
If your co-parent or ex-spouse isn't following court orders (failure to pay child support, violating custody schedules, etc.), we pursue enforcement through contempt proceedings.
Why You Need Litigation Representation:
High-Conflict Situations Require Strategy
If your spouse or co-parent is combative, dishonest, or refuses to negotiate, you need an attorney who can protect your interests in court.
Child Custody Is Too Important to Handle Alone
Custody disputes determine where your child lives, who makes decisions, and how much time you get with your kids. You need experienced representation.
Property Division Can Be Complex
Valuing businesses, dividing retirement accounts, and determining what's marital vs. separate property requires legal expertise.
Domestic Violence Cases Require Immediate Action
If you're facing domestic violence or need a protective order, time is critical. We can help you obtain emergency protection.
What's Included in Our Litigation Services:
✓ Initial consultation to assess your case and strategy
✓ Court representation for hearings, motions, and trials
✓ Discovery (gathering evidence, depositions, subpoenas)
✓ Negotiation and settlement discussions
✓ Mediation representation
✓ Filing and responding to motions
✓ Trial preparation and courtroom advocacy
The Process:
Step 1: Consultation
We'll discuss your situation, the issues in dispute, and your goals. I'll outline the litigation process and what to expect.
Step 2: Case Preparation
We'll gather evidence, file necessary motions, and begin discovery (requesting documents, depositions, etc.).
Step 3: Negotiation & Mediation
Even in contested cases, we'll attempt settlement negotiations and attend court-ordered mediation to resolve issues without trial.
Step 4: Court Hearings
We'll represent you at temporary hearings, motions hearings, and any other court appearances.
Step 5: Trial (If Necessary)
If settlement isn't possible, we'll prepare for trial and advocate for your interests in front of a judge.
Pricing:
Family law litigation is billed hourly due to the unpredictable nature of contested cases.
We'll provide a retainer agreement outlining hourly rates, anticipated costs, and billing practices. You'll receive transparent billing and regular updates throughout your case.
Frequently Asked Questions:
How long does a contested divorce take in North Carolina?
Contested divorces can take 12-24 months or longer, depending on the complexity of the issues and court schedules.
What's the difference between legal custody and physical custody?
Legal custody is the right to make major decisions for your child (education, healthcare, religion). Physical custody is where the child lives. You can have joint legal custody but primary physical custody.
How is child support calculated in North Carolina?
North Carolina uses child support guidelines based on both parents' incomes, the number of children, and custody arrangements. The court can deviate from guidelines in certain circumstances.
Can I represent myself in a custody case?
Legally, yes. Practically, it's risky. Family court judges expect you to follow court rules and procedures. Without legal representation, you're at a significant disadvantage.
What if my ex is violating our custody order?
You can file a motion for contempt, which can result in fines, jail time, or modification of the custody order. We handle enforcement cases.
Can custody orders be modified?
Yes, if there's been a substantial change in circumstances (relocation, remarriage, change in the child's needs, parental unfitness, etc.).
Ready to Protect Your Rights?
Book a consultation to discuss your family law litigation needs. We'll assess your case, outline your options, and fight for your interests in North Carolina courts.