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Wilmington's Trusted
Divorce Attorneys

At Russell Family Law & Litigation, we are here to guide you through legal issues regarding divorce, separation, property division, child custody, and child support. If you need a family law attorney, we provide compassionate and sound counsel to the Wilmington, NC area.

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Welcome To Russell Family Law & Litigation


When it comes to family and handling your legal matters, the best course of action you can take is to engage a reliable divorce lawyer who understands your situation. For dependable legal counsel, come visit Russell Family Law & Litigation in Wilmington, NC, and the surrounding counties. You can trust us to protect your rights and always keep your best interests in mind.
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Wilmington Divorce Attorneys Erin Russell and Team
North Carolina Bar Association
Avvo
New Hanover County Bar Association

Did you see our ad in Wrightsville Beach Magazine Feature?

We are so proud and honored that Wrightsville Beach Magazine showcased our ad! Thank you to everyone who made this possible! 

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Articles


July 21, 2025
In recent years, social media has increasingly become a part of our daily lives. Whether you are posting pictures of your kids, sharing a new recipe, posting about a new achievement, or venting about a bad day – it is common to sharing aspects of your life online that 50 years ago would not have been as readily available to the public. While social media has been valuable in fostering relationships and maintaining connections with others, no matter the distance, if you're involved in a family law matter, what you post online can have a serious impact on your case. Social Media Is Evidence – And It Can Be Used Against You What you post on platforms like Facebook, Instagram, X, or TikTok can become admissible evidence in court. Status updates, photos, messages, and check-ins can be: Screenshotted and saved by the other party Subpoenaed directly from the platform Used to challenge your credibility or claims As such, it is incredibly important to think before you post . Below are some common types of posts that may impact a family law case: Vacation or luxury spending posts Pictures involving alcohol or partying Rants or insults about your ex or the judge Posts involving new romantic partners Check-ins or locations Even memes, comments, or posts you “like” can be taken out of context and may be presented as evidence. In custody disputes, the court’s top priority is the best interests of the child. If your social media posts suggest instability, irresponsibility, or poor judgment, it can sway the court’s decision. Common examples of such posts include those that depict: Excessive drinking Drug use Inappropriate behavior around children Disparaging comments about the other parent At Russell Family Law & Litigation, we understand how digital evidence can help or hurt your case and how to develop a strong legal strategy from start to finish. If you’re going through a divorce or custody dispute, don’t go it alone – let us help you protect what matters most. Contact us today to schedule a consultation with one of our attorneys.
July 1, 2025
What is a Postnuptial Agreement? In North Carolina, postnuptial agreements, or postmarital agreements, are valuable tools for married couples seeking to clarify financial expectations, protect individual assets, and reduce potential conflicts. Whether you’re newly married or navigating significant life changes, a postnuptial agreement can provide peace of mind and financial clarity. A postnuptial agreement is a legally binding contract entered into by spouses after marriage. It outlines how assets, debts, and other financial matters will be handled in the event of separation, divorce, or death. Unlike prenuptial agreements, which are signed before marriage, postnuptial agreements are executed during the marriage. There are two broad categories of postnuptial agreements: Those made during the marriage and not in contemplation of separation. Those made in contemplation of imminent separation or during separation. Depending on which category of postnuptial agreement the parties are entering, there are different things they are allowed to contract regarding. Most notably if the parties are not separated or contemplating imminent separation, they cannot include provisions regarding spousal support. For a postnuptial agreement to be valid in North Carolina, it must meet specific criteria: Written and Signed: The agreement must be in writing and signed by both spouses. Notarization: It must be executed before a certifying officer, such as a notary. Voluntary Consent: Both parties must enter into the agreement voluntarily, without coercion or undue influence. Fair and Reasonable Terms: The agreement must not be grossly unfair or unconscionable to either party. Not Against Public Policy: Postnuptial agreements cannot include provisions that violate public policy, such as agreements that encourage a party to leave the marriage. By addressing these issues proactively, couples can prevent misunderstandings and potential disputes in the future. An experienced family law attorney can help ensure that the agreement complies with North Carolina laws and accurately reflects the parties’ intentions. This step can also help prevent future challenges to the agreement’s validity. If you’re considering a postnuptial agreement, contact our office to schedule a consultation with an attorney to explore your options and ensure that your agreement meets all legal requirements.
May 30, 2025
Oftentimes when parties separate, one party will have access to documents and accounts to which the other party is not privy. When this happens, attorneys will begin discussing “discovery.” Discovery is the process by which the parties can formally exchange information and documents that may be needed in their case. This process is important because it allows the parties to gather the information needed to make the best decisions for them in their case.
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