Divorce Attorney Charlotte Nc Free Consultation – Family law deals with various family issues such as divorce, marriage, adoption, child support and many more. The laws are designed to protect the interests of the family institution. However, family law cases are among the most taxing and emotionally stressful of any area of law.
Child custody, spousal support and other important issues can arise long after a divorce. The nature of the ongoing issues can make it seem as if the divorce was never finalized. Now more than ever, you need solid advice from an experienced and compassionate Charlotte family law attorney like our team at Waple & Houk, PLLC.
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If you need help with your family law questions, don’t hesitate to contact our Charlotte, NC law firm at (704) 954-8697 to schedule a consultation and case evaluation.
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A family court case is a type of civil case, but it usually involves or between spouses, children and parents. Below are the most common types of family law cases handled by our family law attorneys:
If a divorce is in your best interest as a couple, representation by a family law attorney at Waple & Houk, PLLC can help ensure a smooth and successful divorce case, whether contested or not. We have the experience, expertise and knowledge to make the best decisions for our clients in divorce cases.
Child custody, child support and parental rights can be some of the most contentious issues in divorce cases and can have a profound impact on the entire family, especially the children. At Waple & Houk, PLLC, we always strive to find the best solution in all of these cases that is in the best interests of the children.
Divorcing your spouse can be a difficult and especially difficult time, especially if you are burdened with a financial burden that you previously shared alone. Whether you are defending a lawsuit or seeking relief, Waple & Houk, PLLC can help protect your interest in spousal support.
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A name is something that gives you a sense of identity. The vast majority of people keep the name they were born with throughout their lives. However, in the case of women, surname changes are only associated with marriage or divorce.
However, there are other cases where a name change becomes very important for a person or family. However, the legal process can sometimes be confusing and may have different requirements depending on your specific situation.
If you or someone you love wants to change your name legally, now is the time to seek legal advice so that the process goes smoothly. At Waple & Houk, PLLC, we are ready to help you change your legal name for a variety of reasons, including:
Protecting victims of abuse is always a priority, and restraints can be a good way to do that. If you or a minor child in your care is the victim of verbal, physical or sexual harassment or abuse, you should contact Waple & Houk, PLLC. We will work hard to give you the protection you need.
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It is important to note that North Carolina recognizes two forms of divorce, although one is slightly more advanced than the other. They are:
Absolute divorce is the type most people refer to when talking about divorce in North Carolina. It is basically the complete and final end of the marriage, usually accompanied by a court order known as a divorce decree.
Incurable insanity: If a married couple has lived apart for 3 years due to one spouse’s incurable insanity, the court can grant a total divorce. However, incurable insanity must be proven by the testimony of 2 medical experts.
Separated for 1 year: Full divorce can be granted to each of the spouses if the spouses have lived apart for 1 year. One of the spouses must also have been a resident of North Carolina for the 6 months immediately preceding the filing of the petition for absolute divorce.
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If you are going through a contested divorce, you may decide to live separately. Cohabitation, also known as separation of bed and food, requires that the defendant spouse has committed at least 1 of the following 6 acts:
However, it is important to note that even if the court grants your request for a bed and board divorce, you still need to obtain an absolute divorce to officially end your marriage in North Carolina.
If you are ready to divorce your spouse in North Carolina, there are certain procedures you must follow. Before you rush to file for divorce, you must first meet the eligibility requirements. In particular, you or your spouse must have been divorced for at least 1 year and lived in the state for at least 6 months before applying for a divorce.
However, the formal divorce process begins with the filing of an “Absolute Divorce Complaint” with the court. If you file a complaint, you will be known as the plaintiff and your spouse who is being sued will be known as the defendant. After you file the complaint and pay the filing fees, you must send a copy of the complaint to the other spouse by the sheriff or other approved form of service.
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Property division in North Carolina refers to an agreement between two divorcing parties and is known as a property settlement. Not all couples may need to go to court to divide property. But if the court intervenes in the distribution of assets, the parties must take the measures ordered by the court.
The process of dividing real estate often takes time because the court must first determine all property owned by both parties, classify it into 1 of 3 categories, and then assess its value before it is divided. North Carolina uses the following 3 categories:
Separate Property: Consists of several subcategories of property, such as property acquired by a spouse during the marriage through inheritance or gift from a third party, and any property owned by either spouse before the marriage.
Dividend property: Also includes several smaller categories of property benefits, such as income from marital property that one spouse received after divorce and changes in value (positive and negative) that the spouse’s marital property experiences or owes after the time of divorce.
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The process of distributing assets in a court of law is known as equitable distribution. Equitable distribution assumes that an equal (50/50) division of marital assets is fair. The vast majority of NC judges favor giving each party 50 percent of the marital assets unless other factors justify a different distribution, such as:
Child custody laws in North Carolina are designed to protect the child. Under these laws, family courts generally have jurisdiction over custody cases and award custody based on the best interests of the child.
It is up to the court to decide whether joint or sole custody is appropriate. The court cannot give preference to one parent over the other due to financial status or gender, without first taking into account the common interests of the minor and other important aspects of the parent-child relationship. The court can grant joint custody as long as the child’s welfare is taken care of.
North Carolina child custody laws are very complex, and you should always consult with experienced Charlotte family law attorneys when considering a divorce or divorce and dealing with custody issues. If you try to solve these problems on your own, you can harm your rights and your child’s interests.
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Alimony, also known as spousal support, refers to court-ordered financial support for a spouse after a divorce.
North Carolina is unique compared to many other states in how spousal support is handled and determined. The state has no fixed guidelines for determining child support, and what is usually awarded varies depending on the judge assigned to the case in question.
Alimony is usually not https:///charlotte-property-division-lawyer/ in most family law cases in NC. In order to be able to pay maintenance, the spouse must prove their status as breadwinner. If both spouses have relatively equal incomes, it is unlikely that either spouse will be considered dependent and awarded maintenance.
However, maintenance can be granted if one spouse earns significantly more than the other spouse. The court then determines the amount and duration of the dependent spouse’s maintenance obligation.
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The amount and length of child support in North Carolina depends on several factors, including:
North Carolina judges determine the amount of child support to award based on the above factors. In general, the longer the marriage, the longer the maintenance period. Spouses who have high incomes can also expect to pay significantly more maintenance
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