GREENSBORO, N.C. — WFMY News 2 is partnering with the North Carolina Bar Foundation for the 4ALL Statewide Service Day on Friday.
North Carolina lawyers volunteer to offer free legal information to anyone across the state.
The call center is open from 11 a.m. to 7 p.m.
GREENSBORO/TRIAD 4ALL SERVICE DAY NUMBER: 1-336-355-6262
The day before 4ALL Service Day, 2 Wants to Know spoke with Grant Sigmon with Sigmon Klein Attorneys at Law PLLC. about family court and how court proceedings work during the pandemic.
COURT PROCEEDINGS DURING COVID-19:
How do you prepare yourself and your client for a virtual court proceeding?
You want to approach a virtual court proceeding just like you would a live hearing in the courtroom. Take it seriously and show up early. Dress professionally and depending where you are, office or home, try to avoid distractions like children, pets, cellphones. Test your technology (Zoom, Webex) the day before to avoid last minute issues. Have a professional background behind you.
How can a client be assured that the attorney-client privilege is protected during a remote proceeding?
The attorney-client privilege still applies in any virtual setting to the same extent it would during an in-person court proceeding. Judges are generally very accommodating when it comes to privilege issues. So for example if the client needs to consult during a Webex or Zoom hearing, you can use a “break-out” virtual meeting room or you and the client can mute the microphone and have a quick phone call with the judge's permission. Basically, whatever is necessary to facilitate the same protections for the client's rights that would ordinarily apply in a real courtroom.
FAMILY LAW:
What do North Carolina courts consider when parents are fighting over child custody issues?
The NC Court of Appeals has made it crystal clear that the most important consideration in a custody case is the child’s best interests. Yes, generally speaking, both parents have some constitutionally protected rights to the care, custody, and control of minor children. However, in custody disputes, litigants should understand that courts will go out of their way to make sure children are taken care of. So it’s often critical to remind clients in a custody dispute - set aside your ego, set aside your frustration with the other parent and focus on the children.
Can a spouse still file for alimony after a divorce?
Generally, no. Remember, once you’re divorced there is no marriage, which means many of a spouse’s rights that arise from the marriage are terminated upon divorce such as spousal support and property distribution. As a practical matter, those claims should either be settled by a written agreement (meaning they are resolved) or filed in court (meaning they are preserved for future adjudication) before a divorce judgment is entered. If your ex has filed for divorce before those types of issues are resolved, you should go consult with a family law attorney right away.