Divorce Attorney Charlotte NC

Divorce Attorney Charlotte NC 2017-01-30T20:53:56+00:00
Divorce Attorney Charlotte NC Meek Law Firm

Making the decision to divorce is never an easy one. However, once you have made the decision, here is what you will need to know in order to ensure your divorce proceeds smoothly.

First, one spouse must have resided in North Carolina for at least six months preceding the filing of the divorce. Additionally, you and your spouse must have lived separate and apart for over a year. At that point, a divorce complaint may be filed in your county of residence.

The complaint and summons will then be served on your spouse by either the sheriff or via certified mail. They then may file an answer, and there will be a series of court appearances to sort out the issues. However, if they agree with the divorce proposals you make, they can just sign the paperwork and send it back to the Court.

Afterwards, there will be a hearing in front of the judge (although, if uncontested,  in many jurisdictions it will be completed entirely through review of the pleadings), who will determine that you and your spouse meet the legal requirements to be divorced. The judge may also determine (if you and your spouse do not agree), the custody of your children, the amount of child support and/or spousal support, and property division.

Once the North Carolina divorce is final, you are no longer married. You may no longer ask to modify the division of property, or to change the alimony if that is required. You may remarry or change your name (which may be dealt with in the course of the divorce.) Additionally, neither you nor your spouse will legally have rights to inherit money or property from the other upon either’s death.

Divorce is a difficult and emotional event, but the legal process can be simplified by contacting Meek Law Firm. They will put their experience to work for you and make sure you are appropriately protected.

Alienation-of-Affection-lawyer-in--charlotte-ncAlienation of Affection in North Carolina

It is estimated that every year, 200 alienation of affection lawsuits are filed in North Carolina and some of the verdicts are quite large. If a marriage ends as a result of an affair, the innocent spouse can sue the individual with whom their spouse had the affair. What’s more, even an individual who is not having an affair – but who led to the breakup of the marriage – can be sued. Alienation of affection is a very unique tort, and one you should entrust only to an experienced family law attorney.   more…

alimony-lawyer-in-charlotte-ncAlimony / Spousal Support

When a marriage ends, there will usually be one spouse who has done better than the other, financially. Spousal support is awarded to ensure that the other spouse can lead an independent life. Unlike child support, there is no particular formula for spousal support. Judges are given factors to consider by the law, but then have discretion to make the decision they feel is appropriate. It is therefore impossible to know exactly how much spousal support will be awarded in a particular case.   more…

Collaborative-Law-Attorney-Charlotte-NCCollaborative Law

In collaborative law, collaborative attorneys who are specially trained to handle such cases work with their clients to come up with creative solutions and agreements to resolve their differences. Meeting in a series of “four way conferences,” involving both spouses and their lawyers, the parties attempt to resolve all issues created by the end of the marriage. Parties often find they prefer collaborative law because of the reduced cost and emotional toll. Additionally, it can lead to resolving the issues in a divorce much faster.   more…

Annulments

Although you hear the term “annulment” used fairly often to mean a quick end to a marriage, the term actually has nothing to do with the length of the marriage. First, one must understand how an annulment is different from a divorce. Whereas a divorce is a legal mechanism by which an existing marriage is terminated, an annulment means that the marriage legally never existed in the first place. There are very narrow exceptions under which annulments can be granted in North Carolina.   more…

Child-custody-lawyerChild Custody

It is important to understand how child custody is determined in North Carolina if you are contemplating divorce. Under North Carolina statutes, the court must consider the best interests and welfare of your children in making a determination. There is no preference for either the father or mother receiving custody by statute. However, there are some factors laid out that the court must consider. In the end, the court might grant custody to one parent or the other, or it could decide to grant joint custody to both parents.   more…

Child-Support-lawyer-in-charlotte-ncChild Support

Child support is typically determined after an evaluation of the income of the parents, the amount of overnights the minor children spend with each parent, the child care expenses, health insurance expenses and any extraordinary expenses. These numbers are inserted into a worksheet and calculated to find the statutorily required amount. The court rarely deviates from the calculations provided in the worksheet. It is extremely helpful to have a lawyer on your side to guide you through this process.   more…

divorce-from-bed-boardDivorce from Bed & Board

Divorce from bed and board means that the court is stepping into a marriage to force the spouses to separate. This typically occurs when one spouse wants to divorce and needs to have the other spouse removed from the home. There are factors associated with divorce from bed and board that should be kept in mind. One issue is it may establish marital misconduct or fault, which could lead to alimony demands or criminal charges. Also, judges can come to feel that one party is to blame, which can color their opinions.   more…

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Divorce mediation is an agreement between two people with the intention of avoiding litigation. The divorcing couple works with a neutral third party who is specially trained to help mediate disputes. You can use mediation to resolve issues regarding child custody, child support, spousal support and property division, as well as any other issues that may arise through the divorce. Having an attorney advise you during mediation will help to ensure that the process is conducted efficiently and effectively.   more…

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North Carolina is an “equitable distribution” state. This means that when the two parties to a divorce cannot reach a settlement, the General Court of Justice steps in. The initiation of this includes a discovery process to determine which debt and/or property is marital. After this has been completed, the General Court of Justice will dedicate a monetary value to marital debt and property. Note that there are three different categories for property: 1) Marital property, 2) Separate property, and 3) Divisible property.   more…

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North Carolina law permits grandparents to seek visitation with their grandchildren, even when one or both of the parents object. However, certain criteria must be met before the court will allow them to intervene. If a grandparent decides to file an action to obtain expanded visitation, they should know that the procedure for doing so is complex. If a motion or complaint is filed that does not allege all the essential elements in order to achieve visitation, it may be dismissed by the court.   more…

Interstate-custody-actions-ncInterstate Custody Actions / UCCJEA

When parents are separating and one or the other is moving to another state, the custody situation can become complex. To help, North Carolina has adopted the Uniform Child Custody Jurisdiction Act (UCCJEA.) This is a compact entered into by most states in the nation, and sets forth parameters for determining where custody cases should be heard. If the child has lived in North Carolina for six months or more, it is considered the child’s home state, and therefore where the case will be decided.   more…

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