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Daphne Edwards

Daphne Edwards

Divorce, Custody & Domestic Violence: Issues Affecting Families During COVID-19
  • Divorce, Family Law, Appeals & Appellate ...
  • North Carolina
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Biography

Daphne Edwards & her team focus exclusively on divorce and family law matters addressing the most complex issues facing divorcing couples: custody, asset division, alimony and child support, mediation and divorce arbitration, and the crafting of reliable separation agreements, as well as issues surrounding domestic violence, surrogacy, and assisted reproductive technology matters. Daphne’s approach is simple: each case is unique and each client receives personalized attention and the highest standard of care available while her team works to achieve that client’s specific goals.

Daphne has over twenty years of experience and is known to be an aggressive advocate for her clients and is a fierce and experienced negotiator. From cases involving closely held assets to complex custody and relocation matters, she is a relentless advocate for her clients and a formidable trial attorney with experience litigating all types of family matters. She has been listed as “Legal Elite” for Family Law in Business North Carolina Magazine (less than 3% selected) and North Carolina Super Lawyers for Family Law (only 5% are selected). Daphne is an AV Preeminent Peer Rated Lawyer by Martindale-Hubbell and certified by the North Carolina Dispute Resolution Committee as a Certified Family Financial Mediator.

Daphne facilitates social distancing by using video and other remote conferencing options. Call or email the firm today to set your consultation.

Education
Golden Gate University School of Law
J.D. (1997) | Law
Honors: Faculty Award for Academic Excellence in Criminal Law, 1997. American Jurisprudence Awards: Criminal Procedure, Family Law, and Solving Legal Problems. Merit Tuition Scholarship Recipient 1995-1996 and 1996-1997.
Activities: Law Review, Member, 1994-1997; Associate Editor of Law Journal, 1996-1997
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University of Oregon
B.S. (1991) | Political Science
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Professional Experience
Owner
Daphne Edwards Divorce & Family Law, PC
- Current
Of Counsel
Cheshire, Parker, Schneider & Bryan
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Attorney
Daphne Edwards Family Law
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Assistant Attorney General
North Carolina Department of Justice
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Adjunct Professor
Campbell Law School; Golden Gate Univ. Sch. of Law
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As Adjunct Professor at Campbell, instructed students on legal writing and appellate advocacy. As Adjunct Professor at Golden Gate University School of Law, from 2003 through 2005, instructed students in legal writing and appellate advocacy.
Judicial Law Clerk, Staff Attorney
United States Court Of Appeals Ninth Circuit, Judge Proctor Hug, Jr.
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Assistant Counsel
United States Senate Legislative Counsel's Office
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Judicial Law Clerk
North Carolina Supreme Court, Justice Robert Orr
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Publications
Articles & Publications
Family Forum, Section Vol. 35, No. 1, Family Law Case Updates
Mass Appeal, Appellate Practice, Program Co-Planner
Family Forum, Section Vol. 34, No. 5, Family Law Case Updates
Speaking Engagements
NBI Advanced Custody and Support Issues, Divorce & Family Law Seminar, Hampton Inn & Suites Raleigh Downtown
NBI
Daphne Edwards presenting lecture to divorce and family law attorneys on custody relocation cases and interstate custody issues at the NBI Advanced Custody and Support Issues seminar on September 20, 2018.
How to Obtain Electronic Discovery and Ensure It’s Admissible, 2016 Family Law Update
Wake County Bar
Certifications
Certified Family Financial Mediator
N.C. Dispute Resolution Commission
Awards
North Carolina Super Lawyers
Super Lawyers Magazine
North Carolina Super Lawyers
Super Lawyers Magazine
North Carolina Super Lawyers
Super Lawyers Magazine
North Carolina Super Lawyers
Super Lawyers Magazine
Legal Elite, Family Law Section
Business North Carolina Magazine, 2016, 2018-2020
AV Preeminent Peer Rated Lawyer
Martindale-Hubbell (Since 2016)
Professional Associations
North Carolina State Bar  # 24222
Member
Current
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Wake County Bar Association, Alimony Committee
Member
Current
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Wake County Bar Association, CLE Committee
Member
Current
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Wake County Bar Association, Legislative Committee
Member
Current
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American Bar Association, Family Law Section
Member
- Current
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Wake County Bar Association, Social Committee
Member
- Current
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North Carolina Association of Women Attorneys
Member
- Current
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North Carolina Bar Association
Member
- Current
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North Carolina Advocates for Justice
Member
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Jurisdictions Admitted to Practice
North Carolina
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Fees
  • Credit Cards Accepted
Practice Areas
    Divorce
    Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
    Family Law
    Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
    Appeals & Appellate
    Civil Appeals, Federal Appeals
    Domestic Violence
    Domestic Violence Restraining Orders, Victims Rights , Victims Rights
Additional Practice Areas
  • Child Custody
  • Divorce Property Settlement
Languages
  • English
Legal Answers
Q. I'm a father of 2 and I wanted to know how I can get full custody of my 2 little girls
A: I know how difficult custody issues are for my clients and am often in awe of my clients who deal with hard custody situations on a daily basis. There are two kinds of custody: (1) legal custody, which is the right to make major decisions for the child, like medical care, educational decisions, and religious upbringing, and (2) physical custody. Most parents have shared or joint legal custody, although in some situations one parent will have sole legal custody if the other parent has significant problems, like an addiction.

For physical custody, the parties may have joint physical custody, or one party may have primary physical custody with the other party having visitation. If you are seeking primary physical custody, so that the girls are with you more, then you have to prove that it is in the girls' best interest to live with you for a greater period of time. The court determines custody based on what is in the "best interest" of the children. The court will look at a multitude of factors, including parenting skills, relationship with the child, needs of the child, wishes of the child, and character, personality and conduct of each parent. All of the evidence you present will be to show the court that it is in the girls' best interest to be with you primarily, as opposed to the other parent. ... Read More
Q. In NC, what is considered sufficient evidence of physical abuse, infidelity, and financial abuse in divorce proceedings
A: When a husband and wife are divorcing, I often address (1) division of marital property, (2) alimony, and (3) custody. In dividing the marital property, a court does not consider any misconduct except misconduct that harms the value of marital property, such as excessively spending of assets or acts to devalue the property. If there is such misconduct, you would need to show it occurred by a preponderance of the evidence, which means that the evidence as a whole which shows the fact is more likely than not.

For alimony, a court considers marital misconduct, including infidelity and indignities, such as the cheating and horrible physical abuse you describe. The audio recording of abuse, pictures of abuse, and medical records are all excellent evidence. The court will consider this evidence to determine both the amount and duration of alimony. Also, if only your husband committed acts of infidelity, and you did not, the court shall award alimony to you, as long as you are the dependent spouse. There is no certain amount of evidence that is required; you need to show it occurred by a preponderance of the evidence and convince the court it occurred.

Finally, the physical abuse is relevant for child custody. Any child custody case I litigate, I make sure the court is aware of any physical abuse because the behavior puts the children at risk and helps me secure greater custodial rights for my client.
... Read More
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Websites & Blogs
Website
Daphne Edwards Divorce & Family Law, PC
Blog
Daphne Edwards Divorce & Family Law, PC - Blog
Contact & Map
Daphne Edwards Divorce & Family Law
2301 Rexwoods Drive
Suite 118
Raleigh, NC 27607
Telephone: (919) 838-7160
Fax: (919) 882-1325
Monday: 9 AM - 5 PM
Tuesday: 9 AM - 5 PM (Today)
Wednesday: 9 AM - 5 PM
Thursday: 9 AM - 5 PM
Friday: 9 AM - 5 PM
Saturday: Closed
Sunday: Closed
Notice: We are open and providing essential legal services throughout the Stay At Home Order. In compliance with social distancing orders, we are happy to offer videoconferencing, phone conferences and other methods that keep you and our staff safe.