Monday, March 21, 2016
A divorce comes with several stages and there are numerous areas that need to be addressed before it is finalized. Here is a look at what lies ahead for couples embattled in a divorce. The professionals at Southpark Family Law Charlotte can guide you through the legalities of your transition.
The state of North Carolina is a no fault divorce state which means anyone can file after living separate from their spouse for at least a year. However, not all divorces have to be messy. Some couples part ways on amicable terms and this can lead to a collaborative divorce where terms are agreed upon without having to go through any lengthy litigation. But not all divorces play out in such a way.
Child custody is often a main area of debate and if a complaint for child custody is filed, a round of custody mediation will follow. This is a way of trying to agree on custody before the matter goes before a judge. Temporary custody can be awarded while the divorce law proceedings continue and a judge will later have the option of making that temporary order a permanent one.
Child support payments could also be enforced during the span of time leading up to the finalization of a divorce. The same applies for alimony as a court hearing is often held to decide on those two matters. However, these orders are only temporary until the divorce is finalized.
Next up comes the all-important area of equitable distribution, which is a way of dividing up a couple’s assets. In order to render a fair judgment, each spouse will be asked to complete a financial affidavit that details their assets and debts. Once all that information is gathered, another round of mediation will ensue in an effort to reach an agreement before having the matter heard in front of a judge.
Mediation is a major part of the divorce process and could save couples the time and stress of having to go to court time and again. When no agreement can be reached, the verdict is then in the hands of a judge. Regardless of how much couples may work together on amicable terms, only a judge can finalize a divorce. When it becomes finalized, parties can be held in a contempt of court if they do not adhere to the exact orders of the divorce.
If you are seeking a council, the team of NC divorce lawyers at Southpark Family Law can help. With years of experience in all kinds of divorce law, Southpark Family Law will be right by your side through every step of the process.
at 12:32 PM
Saturday, March 12, 2016
Child custody cases can turn into a trying time for everyone involved, particularly children. However, it is important to remember that the main focus of these cases is the best interest of the child. Some child custody disputes are at the heart of divorce proceedings and sometimes it is for all the wrong reasons.
A couple that is disputing child custody should know that the court is going to examine certain family law areas. First, the court will look at how stable each parent is and that is not just limited to finances. Emotional stability remains just as important. A court will also consider each parent’s level of maturity. These are particularly important topics when filing for joint custody.
In the state of North Carolina, joint custody is not something that can just be agreed upon by parents. It has to be mandated by the court. Joint legal custody will require both parents to share in the decision-making process through a collective effort to accommodate the child’s needs in the best possible way. Joint physical custody refers more towards where the child will spend actual time and how living arrangements will be managed.
Joint physical custody requires something called co-parenting, which basically necessitates a kind of peaceable cordiality between both parents. A history of domestic violence or severe discord between parents will make joint physical custody difficult to obtain. If there were serious pre-existing problems between a divorcing couple, they could likely resurface thus endangering the welfare of the child.
The problem with many child custody cases is that parents carry a lot of resentment and bitterness against their spouse. This could actually work against a parent in child custody cases. Any instance in which a parent tries to leverage children in a court of law exhibits a blatant disregard of a child’s best interest. Parents who do this could find that it severely hurts their chances of a favorable outcome as courts can identify guilty culprits.
Shared custody can also come into play when it comes to child support. Parents who have the child at their home more than a third of the year could see a reduction in their child support payments.
If you are in the midst of a dispute involving child custody in Charlotte, Southpark Family Law can help. Staffed with a team of experienced attorneys, http://www.SouthparkFamilyLaw.com/ can give you the advantage you need and find a solution that works for you and your family.
at 11:17 AM