Rice Law, PLLC

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Attorneys, Divorce Assistance, Divorce Attorneys

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Today: Closed

Tomorrow: 8:30 am - 5:00 pm

32 Years

in Business

(910) 762-3854Call Visit WebsiteVisit Website Map & DirectionsDirections401 Chestnut StWilmington, NC 28401 Write a ReviewWrite Review

Hours

Regular Hours

Mon - Fri:	8:30 am - 5:00 pm
Sat - Sun	Closed

Places Near Wilmington with Attorneys

Wrightsboro (6 miles)
Leland (9 miles)
Murraysville (11 miles)
Ogden (12 miles)
Castle Hayne (14 miles)
Wrightsville Beach (14 miles)

More Info

Email: Email Business
Extra Phones: Fax: (910) 251-6346
Services/Products: Family Law, Education Law, Property Settlement, Post Separation Support And Alimony, Child Custody And Child Support
Payment method: check, all major credit cards
Neighborhoods: Central Wilmington, Downtown Wilmington
Other Link: Primary Website
Categories: Attorneys, Divorce Assistance, Divorce Attorneys, Family Law Attorneys

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Details

Phone: (910) 762-3854

Address: 401 Chestnut St, Wilmington, NC 28401

Website: Primary Website

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Rice Law, PLLC

Divorce
Child Support
Chapter 48 of the North Carolina General Statutes establishes North Carolina?s laws on adoption and was written to provide a “clear judicial process for adoption, to promote the integrity and finality of adoptions, to encourage prompt, conclusive disposition of adoption proceedings” In North Carolina, any adult may adopt another individual, except that spouses may not adopt each other. Also, any individual may be adopted in North Carolina. When someone is adopted (the adoptee), their biological family is completely substituted by their new family. The moment the adoption is completed, the adoptee may inherit from their new parents exactly as if, and to the same degree as, a naturally born child of the parent. For all purposes the adopted individual is the offspring of the parent. The biological parents of an adoptee are released from any and all obligations with respect to their child after the adoption; with few exceptions, past due child support is still owed by the natural parent and any property owned by the adoptee before the adoption remains the property of the adoptee.
Child Custody and Visitation
At Rice Law, we believe that children who are the subject of their parents’ child custody dispute should have certain rights.
Adoption
This is commonly called a “second-parent adoption” or, if the couple does marry, a stepparent adoption. Where the adopting couple is married, these adoptions are approved pretty readily, because the couple’s relationship is legally valid and the child is already in the home and will stay there even if the adoption is denied.
Paternity
Every child is eligible for government benefits related to the child’s biological or legal parents, including Social Security survivorship benefits, government pension benefits, and the like. The key is to ensure birth certificate and paternity issues are resolved as soon as, or shortly after, the child is born.
Premarital Agreement
Pre-Nuptial Agreements are becoming more popular and more accepted in society. In the past, the very act of being asked to sign a prenup may have been seen as insulting and a signal that the marriage is starting on rocky ground. Now, more individuals consider a prenup as an essential planning document that simply makes good sense although a recent Harvard Law School study showed that less than five (5%) of the population has a prenuptial agreement. It creates an opportunity to have an open dialogue between the couple regarding what’s most important to them in marriage, such as finances—one of the biggest reasons marriages end in divorce. While discussing the contents of the prenup, many couples resolve difficult financial questions at a time when they are most in love.
Guardianship
In some states, conservatorships are called adult guardianships, but the terms mean roughly the same thing. For the rest of this article, we will use the term “conservatorship” to refer to adult guardianships and conservatorships.
Spousal Support
While it is not necessary to prove marital fault in order to obtain alimony, the judge may consider evidence of marital fault. Marital fault may include...
Legal Separation
In North Carolina, legal separation occurs on the date that husband and wife move into separate residences, with one having the intent to continue living separate and apart.
Annulment
Annulment: A court decree that says the marriage was never valid. Examples of grounds for an annulment include: the spouses are nearer of kin than first cousins, either spouse is under age 16, the marriage was entered under the belief that the woman was pregnant, either spouse is physically impotent, either spouse is incompetent, or rhe marriage is bigamous.
Child Abuse
Though each judge weights factors differently, all consider primary factors, such as the age of the child, the home environment, presence of siblings, relocation of the children, the preference of the child (generally age 10 and up), legal complaints filed against either parent, each parent’s competency (e.g., stability, time available to spend with the child, child neglect or abuse, drug and alcohol abuse, non-marital sexual relationships, and more), the parent’s willingness to keep the other parent involved in the child’s life (including efforts to undermine the other parent), and religion.

Criminal Defense
Sprow focuses her practice on family law and criminal law. She successfully represents clients in settlement negotiations, mediation, hearings, and...
DUI/DWI
Sprow has represented more than 500 clients primarily with family law related issues (including alimony, child custody, child support, divorce, equitable distribution, post-separation support, and prenuptial and postnuptial agreements), criminal law matters (including DUI, misdemeanors, traffic tickets and other district court criminal matters) and juvenile matters (DSS, Termination of Parental Rights).
Wrongful Death
Once a child is legitimated, the father and mother of the legitimated child have all of the lawful parental privileges and rights, as well as all of the obligations which parents owe to their lawful children to the same extent as if the child had been born in wedlock. A successful legitimation proceeding also entitles the child to inherit real and personal property to the same extent as a legitimate child. A legitimate child can sue for the wrongful death of his or her father whereas an illegitimate child cannot.
Traffic Violations
Misdemeanors
Criminal conviction of a misdemeanor involving domestic violence can end a service member’s military career even if by a civilian court. The Lautenberg Amendment to the Gun Control Act of 1968 makes it unlawful for anyone who has been convicted of a misdemeanor of domestic violence to possess firearms. The law applies to military personnel. If you have been wrongfully accused of committing acts of domestic violence, you need to see a licensed attorney as soon as possible to protect your rights. A Domestic Violence (DV) conviction could end your military career regardless of rank.
Restraining Order
You need to defend yourself against the imposition of a domestic violence protective order, also known as a restraining order. These orders can prevent you from returning to your home, from seeing your children, from going places that you normally go, and from possessing firearms
Kidnapping
Child custody agreements, sometimes part of a Separation Agreement & Property Settlement (SAPS) or Parenting Agreement, consider what’s best for the child while addressing practical, financial, and emotional issues. These agreements establish sole vs. joint custody, visitation, and other details. Most child custody cases are settled by a voluntary agreement between the parents, with an attorney writing the agreement. It is generally best for parents to mutually decide the custodial arrangement for their child with the input of an attorney who is familiar with child custody issues. We generally recommend that such agreements are reduced to writing in a court order rather than through a SAPS or Parenting Plan. We prefer court orders because they are more easily enforcible and in the event of a parent-kidnapping, the custodial parent can more easily and more quickly obtain assistance of law enforcement to help with the return of the child.

Business and Corporate Law

Business Disputes
Mediation is often required before going to court and if there is active litigation, it may result in a Mediated Settlement Agreement often signed off on by a Judge making it a court order. However, when a family decides to utilize mediation, a court order is not required to resolve family disputes, business conflicts, or contractual disagreements. Instead, parties can elect to have a private decision-making process in which an impartial facilitator agreed upon by both parties helps the family reach informed resolutions to legal issues such as child custody, child support, marital property division, contract disputes, or other disputes.
Business Transactions
Forensic Review of Business Transactions (to determine whether the business is paying personal expenses and the amount of such payments)

Land Use and Zoning
While in law school, Richard interned in the chambers of the Honorable John M. Tyson at the North Carolina Court of Appeals and worked at the Government Law Center in Albany, New York, researching land use and zoning law issues.

Personal Injury
Mark Spencer Williams represents clients in civil litigation. He focuses on family law cases such as separation and divorce, child custody, child support, spousal support, and equitable distribution (separation of marital property). He also litigates personal injury cases and has handled appeals of civil cases at the North Carolina Court of Appeals. Mark Spencer Williams has thirteen years as an attorney. He practices in the areas of family law, child custody, divorce, child support, equitable distribution, personal injury and other civil issues.

Trusts and Estates

Estate Planning
Most commonly created for estate planning purposes, Post-Nuptial Agreements can provide a communication tool for spouses who are already married, clarifying relationship responsibilities and providing for each spouse should their relationship end due to divorce. Post-Nuptial Agreements are also often signed as part of a reconciliation following a family law dispute.
Wills
Though it may be difficult to think about it, it’s especially important to consider what will happen if one of you dies. Without properly prepared documents, members of an unmarried couple have no right to inherit property from one another. You can use your living together agreement to specify how you want to provide for each other; it will serve as strong evidence of your intentions. Be aware, however, that writing out a plan in your agreement is not enough. You should also use a will, living trust or other estate planning documents to ensure that your plan is carried out as you wish. For more information about ways to leave your property at death, see the Wills and Estate Planning area of Nolo’s website.
Trusts
Usually nothing, unless the deceased partner made a will or used another estate planning device, such as a living trust or joint tenancy agreement. In a few states, same-sex partners who are registered as domestic partners or have entered into a civil union relationship may automatically inherit a portion of a deceased partner’s property, but these laws are by no means the safest or easiest way to plan for inheritance. The bottom line is simple: To protect the person you live with, you should specifically leave property using a will, living trust, or other legal document.
Power of Attorney
While an attorney in fact can handle most litigation under a valid power of attorney, it is our position that person cannot handle a divorce for you. Our Court of Appeals has held that “an action for divorce based upon one year’s separation cannot be maintained by a general guardian…” See Freeman v. Freeman, 34 N.C.App. 301, 237 S.E.2d. 857 (1977).

Tax Law
Many clients often believe that they simply can’t afford a CPA to be involved in the process. However, the efficient use of a CPA may help maximize what they can possibly recover in the family law litigation. We believe this is especially true when one of the parties owns a business or there are complex assets to be divided or a suspicion that some assets are hidden.

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