Monday, March 21, 2016
What Awaits You in the Divorce Process
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.