PRACTICE AREAS
Constance Ludwig has extensive experience handling divorce proceedings, separation agreements, child custody matters, child support, visitation rights, alimony, alienation of affection claims, domestic violence matters, and equitable distribution. Ms. Ludwig has substantial trial experience and a strong appellate practice and has also successfully represented her clients in settlement negotiations, arbitrations, mediations, and other methods of alternative dispute resolution.
SEPARATION AGREEMENT & PROPERTY SETTLEMENT
A Separation Agreement, sometimes called a property settlement agreement, is a written contract between a husband and wife where they agree upon how to dissolve their marriage. This does not mean a person does not need competent legal counsel. Depending on your particular situation, the drafting of a comprehensive Separation Agreement and Property Settlement can be tedious and demanding. However, if you and your divorcing spouse can meet the challenge, it is a satisfying alternative to ending up in Court in protracted litigation where a judge ultimately tells you, among other things, how to: 1) divide your property including debts, not just assets, 2) manage your time with your children, 3) provide financial support for your children and who is to pay who; and 4) whether one of you will also pay financial support to the other, commonly known as alimony, in what amount and for how long. A separation agreement and property settlement is not for every one. Some cases require litigation. However, a valid and properly executed Separation Agreement & Property Settlement is a legally binding contract between a husband and wife. Since all issues relating to a marriage and the separation must be covered in such an agreement, it is important that you never sign any agreement without first consulting with an attorney. Signing without knowledge and sound advice can severely limit your rights and affect your life for many years afterward.
Constance Ludwig has many years of experience drafting Separation Agreement and Property Settlements tailored to fit the specific needs of her clients. She can also evaluate and advise you about an agreement prepared by your spouse or your spouse’s attorney. She understands that a good Separation Agreement and Property Settlement can spare you and your family members the pain and expense of litigation. Having good legal counsel prior to assist you in evaluating your situation is paramount to the signing of a Separation Agreement and Property Settlement and can save you thousands of dollars. Don't hesitate to call 919-882-2103 to schedule an in-depth initial consultation with Constance Ludwig.
ABSOLUTE DIVORCE
North Carolina is a no-fault divorce state. This means that as long as the husband and wife have been physically separated (not living under the same roof) for at least a year and a day and have not resumed the marriage relationship, a divorce can be granted and other issues that are pending, such as child custody and support, alimony,
equitable distribution or attorneys' fees may still be pending.
CHILD CUSTODY AND CHILD SUPPORT
For parents who are contemplating divorce, the effect on the lives of their children and their relationship with their children is the primary concern. Parents need solid, realistic advice and assurance when child custody is an issue. North Carolina law is consistent with many of the societal changes in the modern family, but there are many facets to a contested child custody trial. Constance Ludwig has the experience needed to understand your particular family issues and how the law may be applied by a court.
Child support is easily calculated according to North Carolina Child Support Guidelines if both parents are W-2 employees. Self-employed parents frequently present a challenge to the other parent by hiding income and avoiding child support.
EQUITABLE DISTRIBUTION
North Carolina law treats marriage like a partnership with presumption of an equal division of property and assets. However, there is the complexity of differentiating between assets that were acquired during the marriage--which are counted, and assets that were acquired before the marriage or after the parties have physically separated--which are not counted. In addition, inherited or separate property can be a factor, as well as assets which have both characteristics of being both marital and separate. We have successfully resolved numerous complex equitable distribution matters for our clients.
DOMESTIC VIOLENCE
Domestic violence is a pattern of abusive behavior that occurs between family members or intimate partners. Domestic violence can happen once in a while or almost all the time. Domestic violence can be in the form of threats, physical attacks, rape, or sexual assault directed at the victim, the victim’s children, family members or property. Domestic violence occurs regardless of race, age, national origin, religion, socioeconomic status, or sexual preference.
We wish that no one would ever need a Domestic Violence Order of Protection. Since domestic violence is a fact of life, the Law Office of Constance M. Ludwig is here to help and assist you. If you need a protective order, we will assist you every step of the way in obtaining a protective order for you and any family members involved. Or, if you have been falsely accused and a temporary protective order has been issued against you, we have years of experience to guide you, prepare your case and protect your rights which can easily be overlooked without competent legal representation.
PRENUPTIAL AGREEMENT
A Prenuptial Agreement is an agreement between individuals who want to write their rules for divorce, just in case it ever happens to them. Such agreements may be called many names including a “premarital agreement,” “prenuptial agreement,” “ante-nuptial agreement” or most commonly a “pre-nup,” and it all means the same thing. Typically, these agreements establish what will happen regarding the couple’s property, debts, income and expenses if they ever separate and divorce in the future. Emotions can run high when a couple considers entering into a prenuptial agreement because they are forced to assess not only their own financial situation but the financial situation of their future spouse or partner. The couple can decide which assets should remain their separate property, and thus be protected, or which assets they wish to combine. Despite the fact that a frank assessment can create a strain on an otherwise satisfactory relationship, in many cases it is wise to at least consider such an agreement. With honesty and understanding, the discussion can lead to a satisfying mutual trust which might not otherwise occur and actually help the couple communicate effectively and avoid problems over important issues that may come up during the marriage.
The Law Office of Constance M. Ludwig has years of experience handling matrimonial matters and can help you decide if you need a Prenuptial Agreement and how best to proceed so that you and your future partner don’t lose the trust and love of your relationship. Timing is important. Don’t hesitate to call us with your questions or concerns.
SEPARATION AGREEMENT & PROPERTY SETTLEMENT
A Separation Agreement, sometimes called a property settlement agreement, is a written contract between a husband and wife where they agree upon how to dissolve their marriage. This does not mean a person does not need competent legal counsel. Depending on your particular situation, the drafting of a comprehensive Separation Agreement and Property Settlement can be tedious and demanding. However, if you and your divorcing spouse can meet the challenge, it is a satisfying alternative to ending up in Court in protracted litigation where a judge ultimately tells you, among other things, how to: 1) divide your property including debts, not just assets, 2) manage your time with your children, 3) provide financial support for your children and who is to pay who; and 4) whether one of you will also pay financial support to the other, commonly known as alimony, in what amount and for how long. A separation agreement and property settlement is not for every one. Some cases require litigation. However, a valid and properly executed Separation Agreement & Property Settlement is a legally binding contract between a husband and wife. Since all issues relating to a marriage and the separation must be covered in such an agreement, it is important that you never sign any agreement without first consulting with an attorney. Signing without knowledge and sound advice can severely limit your rights and affect your life for many years afterward.
Constance Ludwig has many years of experience drafting Separation Agreement and Property Settlements tailored to fit the specific needs of her clients. She can also evaluate and advise you about an agreement prepared by your spouse or your spouse’s attorney. She understands that a good Separation Agreement and Property Settlement can spare you and your family members the pain and expense of litigation. Having good legal counsel prior to assist you in evaluating your situation is paramount to the signing of a Separation Agreement and Property Settlement and can save you thousands of dollars. Don't hesitate to call 919-882-2103 to schedule an in-depth initial consultation with Constance Ludwig.
ABSOLUTE DIVORCE
North Carolina is a no-fault divorce state. This means that as long as the husband and wife have been physically separated (not living under the same roof) for at least a year and a day and have not resumed the marriage relationship, a divorce can be granted and other issues that are pending, such as child custody and support, alimony,
equitable distribution or attorneys' fees may still be pending.
CHILD CUSTODY AND CHILD SUPPORT
For parents who are contemplating divorce, the effect on the lives of their children and their relationship with their children is the primary concern. Parents need solid, realistic advice and assurance when child custody is an issue. North Carolina law is consistent with many of the societal changes in the modern family, but there are many facets to a contested child custody trial. Constance Ludwig has the experience needed to understand your particular family issues and how the law may be applied by a court.
Child support is easily calculated according to North Carolina Child Support Guidelines if both parents are W-2 employees. Self-employed parents frequently present a challenge to the other parent by hiding income and avoiding child support.
EQUITABLE DISTRIBUTION
North Carolina law treats marriage like a partnership with presumption of an equal division of property and assets. However, there is the complexity of differentiating between assets that were acquired during the marriage--which are counted, and assets that were acquired before the marriage or after the parties have physically separated--which are not counted. In addition, inherited or separate property can be a factor, as well as assets which have both characteristics of being both marital and separate. We have successfully resolved numerous complex equitable distribution matters for our clients.
DOMESTIC VIOLENCE
Domestic violence is a pattern of abusive behavior that occurs between family members or intimate partners. Domestic violence can happen once in a while or almost all the time. Domestic violence can be in the form of threats, physical attacks, rape, or sexual assault directed at the victim, the victim’s children, family members or property. Domestic violence occurs regardless of race, age, national origin, religion, socioeconomic status, or sexual preference.
We wish that no one would ever need a Domestic Violence Order of Protection. Since domestic violence is a fact of life, the Law Office of Constance M. Ludwig is here to help and assist you. If you need a protective order, we will assist you every step of the way in obtaining a protective order for you and any family members involved. Or, if you have been falsely accused and a temporary protective order has been issued against you, we have years of experience to guide you, prepare your case and protect your rights which can easily be overlooked without competent legal representation.
PRENUPTIAL AGREEMENT
A Prenuptial Agreement is an agreement between individuals who want to write their rules for divorce, just in case it ever happens to them. Such agreements may be called many names including a “premarital agreement,” “prenuptial agreement,” “ante-nuptial agreement” or most commonly a “pre-nup,” and it all means the same thing. Typically, these agreements establish what will happen regarding the couple’s property, debts, income and expenses if they ever separate and divorce in the future. Emotions can run high when a couple considers entering into a prenuptial agreement because they are forced to assess not only their own financial situation but the financial situation of their future spouse or partner. The couple can decide which assets should remain their separate property, and thus be protected, or which assets they wish to combine. Despite the fact that a frank assessment can create a strain on an otherwise satisfactory relationship, in many cases it is wise to at least consider such an agreement. With honesty and understanding, the discussion can lead to a satisfying mutual trust which might not otherwise occur and actually help the couple communicate effectively and avoid problems over important issues that may come up during the marriage.
The Law Office of Constance M. Ludwig has years of experience handling matrimonial matters and can help you decide if you need a Prenuptial Agreement and how best to proceed so that you and your future partner don’t lose the trust and love of your relationship. Timing is important. Don’t hesitate to call us with your questions or concerns.