Divorce Lawyers In Charlotte Nc Free Consultation – Divorce isn’t easy for anyone, but that’s no reason to go it alone. At Waple & Houk, PLLC in Charlotte, NC, we compassionately guide our clients through the end of their marriage. We look after the rights and best interests of our clients by using an effective and efficient legal system.
A fair settlement is always our goal, and we are very interested in negotiating and negotiating between the parties to the divorce. However, our Charlotte divorce attorneys will not shy away from fighting for your rights in court if necessary.
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If you need proper legal representation in your divorce, contact the Charlotte family law attorneys at Waple & Houk, PLLC today for a confidential consultation. You can contact us at (704) 954-8697 or by using the online form provided.
Ashley A. Crowder, Lawyer In Charlotte, North Carolina
Are you ready to get divorced in Charlotte or elsewhere in Mecklenburg County? North Carolina law will govern your case. While there are many similarities in divorce laws from state to state, there are also significant differences. Here are some important things to know about divorce in North Carolina:
Different states have different laws governing different issues related to divorce. The dissolution of a legal marriage in North Carolina is called an absolute divorce, and the state provides only two grounds for this type of divorce:
North Carolina also has separate laws on marriage and divorce. This is a statement from the offense issued for a number of reasons, including:
North Carolina is a “no fault” state when it comes to divorce. A no-fault divorce is a type of divorce in which each party must prove that the other spouse was responsible for the separation. Although none of the spouses will file for divorce, one spouse must file for a full divorce.
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In North Carolina, parties must be separated for one year before filing for permanent divorce. The date of separation establishes the earliest date on which a formal divorce can be filed. The date of separation is also important for property distribution, as all marital assets and liabilities must be valued on that date for purposes of fair distribution.
Why do I have to be separated for a year before I can get a divorce in North Carolina?
In short, it is the law. For North Carolina, spouses must live separately, in two separate homes, for one full year and one day before filing for divorce.
No. A couple is considered legally separated when they start living separately and when one party makes arrangements to make the arrangement – and the impending divorce – permanent.
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Legal custody gives parents the right to make decisions for the child. Adoptive parents have the right to make decisions about the child’s education, health care, and religious education.
On the other hand, physical custody gives parents the right and responsibility to care for the child on a daily basis. Parents have the right to live with the child. Generally, one parent is designated as primary physical guardian and the other is granted secondary physical custody.
North Carolina courts often determine child support based on strict calculations set forth in the state’s child support guidelines. The calculation takes into account various factors, including:
However, if you believe that the guidelines do not apply to your situation or are unreasonable based on your individual circumstances, you and your attorney can argue for a departure from the guidelines. the body. For example, a child’s special educational needs may be a good reason for a court to set child support in a different form than specified in the guidelines.
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Also, the child support measures outlined in the guidelines do not apply if your joint income with your spouse exceeds $300,000 per year. In these cases, the court expresses its judgment and sets a level of care that is sufficient to meet the reasonable needs of the child.
District court rules often state how you must prove your income and monthly child support needs and expenses when determining child support. In most North Carolina counties, one or both parents must post a financial guarantee using one form.
You can approach your partner about how to divide marital assets, or you can let the court decide. If you entered into a prenuptial agreement or a prenuptial agreement, the court must enforce the terms of the agreement.
When you ask the court to decide how to divide property in your divorce, it will make a decision based on several equitable distribution rules in North Carolina, including:
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Equitable distribution refers to how property is divided between spouses during a divorce. “Equity” does not necessarily mean “equality”. Instead, the court divides the property as it deems to be equitable.
The first step is for the court to determine whether the property is marital or separate. Separate property is property owned by the spouses before the marriage, gifts received separately, or inherited property.
The remaining property is considered marital property. This includes assets acquired by one or both spouses during the marriage and assets owned by the spouses at the date of separation. All marital property is subject to equitable division.
Appraisal involves assigning fair market value to each item of marital property. Appraisers and other professionals are often used to determine property values. “Fair market value” under the law refers to the amount a buyer is willing to pay to a seller of the property.
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The final step is for the court to decide on the equitable division and distribution of property. Under the law, equitable distribution is required until a court determines that equitable distribution is not equitable after considering a number of factors:
It should be noted that the distribution of property under the law does not support change by the appellate court if the jurisdiction of the court was created incorrectly.
The marital home, or any other marital property, can be divided by court order or through a court process called equity, explained in detail above.
A simple divorce in Charlotte, North Carolina can take anywhere from 45 to 90 days to complete after going to court. However, complicated divorces, where spouses cannot agree on child custody or child support, take a long time to complete.
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Divorce attorneys in North Carolina charge by the hour, with an average of $230 per hour and an average maximum fee of $280. However, the hourly rates charged by each attorney will vary for many reasons, including family law experience and location.
You’ve probably heard many horror stories about successful divorces. Ending a marriage is undoubtedly one of the most difficult experiences in life. At the same time, divorce does not have to be a negative conflict. At Waple & Houk, PLLC, we practice a process based on the belief that an amicable and collaborative divorce is not only possible, but desirable. We focus on helping clients find the most suitable solution possible.
Avoiding litigation and divorce can save you time, money, and heartache. We have extensive experience in divorce negotiations, including structured procedures such as mediation. We encourage our clients to engage in meaningful dialogue with the goal of resolving conflicts in a way that promotes reconciliation and respect. At the same time, we are an outstanding family law firm. Charlotte, NC divorce attorneys are always ready to take aggressive action to protect your rights.
Navigating the divorce process in Mecklenburg County is more than just filling out the right paperwork. You and your spouse should first resolve all the problems related to your marriage. The goal should be to find a perfect solution that solves the problem and makes you and your family strong for a better and lasting day. Our firm handles all types of family law.
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Even if you and your spouse make the same decision about what is the right decision, ending a marriage is not easy. At Waple & Houk, PLLC, we are ready to help you navigate every aspect of your divorce, with a focus on protecting your future. When you contact our Charlotte law firm, you will have the opportunity to contact a North Carolina divorce attorney who:
Every wedding is different. Divorce is the same. A method that works well for someone else
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