Free Divorce Consultation In Charlotte Nc – Family law deals with various family issues such as divorce, marriage, adoption, child support and many more. The law is designed to protect the interests of the family foundation. However, family law matters remain the most stressful and emotionally draining of any area of law.
After a divorce is final, issues of child custody, spousal support, and other important issues may arise. The ongoing nature of the matter may make it feel like the divorce was never final. Now, more than ever, you need sound 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 family law matters, contact our Charlotte, NC law firm at (704)954-8697 to schedule a consultation and case evaluation.
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A family law case is a type of civil case but often involves issues between spouses, children and parents. Below are the most common types of family law cases our family law attorneys handle:
If ending your marriage is in the best interests of the couple, the family law attorneys at Waple & Houk, PLLC can guide your divorce smoothly to a successful resolution, for whether it is a contested or uncontested Class A divorce. We have the experience, skills and knowledge to provide the best possible solutions to our clients in divorce cases.
Child custody, child support, and parental rights are some of the most contentious issues in divorce cases and can seriously impact the entire family, especially the children. At Waple & Houk, PLLC, we always strive to find the best solution in every matter that is in the best interest of children.
Separating from your spouse can be a difficult and especially challenging time, especially if you have to shoulder financial burdens that you previously shared alone. Waple & Houk, PLLC can help you protect your interests in spousal support, whether you are defending a claim against him or seeking support from him.
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A name is what gives you a sense of identity. Most people usually keep the name they were born with throughout their lives. However, for women, changing their last name is often only related to marriage or divorce.
However, there are times when a name change is more important to an individual or family. However, the legal process for this can sometimes be confusing and there are different requirements depending on your specific situation.
If you or a loved one wants to legally change your name, now is the time to seek legal advice to ensure the process goes smoothly. At Waple & Houk, PLLC, we are ready to assist you in legally changing your name for many reasons such as:
Protecting victims of abuse is always a top priority, and a restraining order can be the appropriate tool to do that. If you or a minor in your care is a victim of verbal, physical or sexual harassment or abuse, you should contact Waple & Houk, PLLC. We will work hard to bring you the protection you need.
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It’s important to note that North Carolina recognizes two types of divorce, although one is slightly better than the other. they are:
Absolute divorce is what most people think of when talking about divorce in North Carolina. Essentially, it is the complete and final end of a marriage, often referred to as a divorce decree accompanied by a court order.
Incurable Insanity: If a couple lives apart for three years due to one spouse suffering from incurable insanity, the court may grant an absolute divorce. However, insanity cannot be cured and must be proven by 2 specialized doctors.
Separation for one year: An absolute divorce can be granted to either spouse if the couple has lived separately and apart for one year. One of the spouses must also have been a resident of North Carolina for 6 months before filing for an absolute divorce.
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If you are going through a contested divorce, you may opt for a legal separation. Legal separation, also known as bed divorce, requires a determination that the defendant spouse committed at least one of the following six acts:
However, it’s important to note that you still need an absolute divorce to officially end your marriage in North Carolina, even if the court orders you a bed and breakfast divorce.
If you are ready to divorce your spouse in North Carolina, you must follow certain procedures. Before filing for divorce in court, you must first meet the eligibility requirements. Specifically, you or your spouse must be separated for at least 1 year and live in the state for at least 6 months before filing for divorce.
However, the formal divorce process begins with the filing of a “petition for absolute divorce” with the court. If you file a complaint, you will be identified as the plaintiff, while the defendant’s spouse will be the defendant. After you file your complaint and pay the filing fee, you need to have a copy of the complaint served on the other spouse by a sheriff or other approved form of service.
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Property division in North Carolina refers to the agreement between the two divorcing parties and is called a property settlement. Not every couple can ask the court to participate in property division. However, if the Court is involved in the division of assets, the parties must take the steps prescribed by the Court.
The actual property division process is often time-consuming because the court must first determine all assets owned by both parties, classify them into 1 to 3 categories, and then evaluate the value before dividing. . North Carolina uses the following 3 types:
Separate property: Includes certain types of ancillary property, such as property acquired by either spouse during the marriage through inheritance or gifts from a third party, and any property owned by the spouses. spouse before marriage. .
Divisible assets: This includes several types of smaller assets, such as income from marital assets that spouses receive after separation and changes in value (positive or negative) after the date of separation.
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The court’s process of dividing property is called equitable distribution. Equitable division means that dividing the marital assets equally (50/50) is fair. Most NC judges award each party 50 percent of the marital assets unless other factors provide a strong basis for an unequal division, such as:
Child custody laws in North Carolina protect the child. Under these laws, family courts generally have the authority to hear child custody cases and make parenting orders based on the best interests of the child.
Whether joint or sole custody is appropriate depends on the court. A court cannot choose one parent over another based on financial status or gender without first considering the best interests of the child and other relevant facts about the parent-child relationship. . The court can grant joint custody as long as the child’s welfare is assured.
Child custody laws in North Carolina are complex, which is why you should always consult with experienced Charlotte family law attorneys when considering separation or divorce. and facing child custody issues. If you try to solve these problems on your own, you may be putting your rights and the interests of your child at risk.
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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 when it comes to how spousal support is handled and determined. The state does not have guidelines for determining child support, and the amount of support often depends on the judge assigned to a particular case.
Most NC family law cases typically do not award alimony https:///charlotte-property-division-lawyer/. Spouses must prove their status as dependents to receive payment. If both spouses have roughly the same income, it is very unlikely that that person will be considered a dependent and receive child support.
However, compensation may be awarded if one spouse earns significantly more than the other spouse. The court will then determine the amount and duration of the dependent spouse’s support obligation.
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The amount and duration of damages in North Carolina is based on a variety of factors, such as:
North Carolina judges have a great deal of discretion when determining damages based on the above factors. In general, the longer the marriage, the longer the alimony payments. People with high incomes can also pay significantly more child support
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