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Wednesday, December 13, 2017

How To Find The Right Family Law Attorney For You

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Family law is very unique and it involves a lot of details that hit very close to home, it is important to find the right family law attorney in Charlotte NC. Here is a look at some of the most important qualities to look for when choosing a family lawyer.

Local Experience

A lawyer who just moved to an area with 30 years of experience may not be as effective as a local lawyer with eight years of experience in one jurisdiction. Knowing the lay of the land is a big help and a having familiarity with local judges can be a huge benefit to any family law attorney.

Comfortability

Family law cases usually require clients to share some extremely personal details with their attorneys. The more comfortable you are with your Charlotte NC divorce attorney, the easier it will be to talk about those personal topics. Upon your initial consultation, you should be aware of how comfortable you are talking with the lawyer.

The Legal Team

No lawyer is going to take care of every detail in your case single-handed. Lawyers are usually equipped with a team that helps them through the process. Inquire about the assistance a lawyer will receive throughout the family law process. 

Good Writing

While there is a good deal of emphasis on the personal nature of family law, there is still a lot of paperwork involved. That means your lawyer and their team will need to do a good deal of writing. Lawyers with strong writing skills make more effective lawyers, although strong writing does not mean using lofty words and elaborate descriptions. Judges want to read documents that are concise and to the point.

Time

Certain family law cases need immediate attention. If a lawyer is bogged down with a heavy caseload, then your case is not going to get the attention it deserves. Make sure you inquire about a lawyer’s availability as that is extremely important. You also want to make sure you can get a hold of your lawyer when it is necessary.

Southpark Family Law takes great pride in staffing a team that dedicates itself to upholding all of the qualities that make up a top notch family attorney. If you are in need of a divorce attorney or a family lawyer to help you through a divorce or child custody case, Southpark Family Law is the right choice for you. 



Tuesday, November 14, 2017

Spousal Communication during a Divorce

Couples who are going through a divorce face the issue of how to effectively communicate with each other. Attorneys at Southpark Family Law Charlotte North Carolina have seen often enough how helpful proper communication can be in a divorce. When children are involved, communication is necessary, although there are some unofficial guidelines you can follow while your divorce is pending.

divorcing couple illustration, cartoon
The first thing you should know is that your words could be used against you when it comes to financial arrangements or child custody in your divorce. Your words also extend to social media, text messaging, and email as they are considered the same as the spoken word. That is why you should always be mindful of what you say to your spouse. If there is a danger of saying something that could come back to hurt you, desist communication outside of what is absolutely necessary.

Effective communication is important in cases when a parent is seeking joint custody. In these instances, it is always good to have positive communication in written form. This could be a helpful piece of evidence should your spouse suddenly decide to contest the issue of joint custody. Remember, having good communication in written form can be used just as effective as having negative communication in written form.

When communication is amicable, it is still not a good idea to reveal too much. Keep in mind that you and your spouse are adversaries when it comes to your divorce. Communicate only what is necessary and when in doubt speak to your Charlotte divorce lawyer.

Poor communication should always be avoided while a divorce is pending and it is important to remember that this could be a time you wind up seeing a bad side of your spouse. Keep the conversations businesslike and try not to take things personally. The marriage is dissolving and the best approach you can take is to get through the divorce as quickly as possible.

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However, that does not mean you need to put up with harassment or intimidation. If that is the case, it is recommended to respond in a professionally manner by asking the other party to desist in written form. If the harassment continues, that communication request can be a valuable piece of evidence. And if you feel unsafe, consult your attorney who will then take appropriate measures. A court order could halt communications and use a third party for future interactions, thus eliminating direct communication altogether.

Southpark Family Law can provide you with a Charlotte North Carolina divorce attorney who will help you through every step of the process. One of our attorneys can also help you through your child custody or child support case as Southpark Family Law has a family law attorney standing by ready to help you.

Monday, October 9, 2017

Non-Custodial Parents Have Options When Denied Visitation Rights

It is not uncommon for separated or divorced couples to run into problems with the visitation of their children. Many times, the custodial parent will prevent the non-custodial parent from seeing his/her children. However, according to a divorce lawyer in Charlotte, the non-custodial parent has a significant amount of rights when it comes to visitation.

The most important thing to note is that it is illegal for a custodial parent to deny visitation when there is an existing custody order that grants visitation rights. Extenuating circumstances are taken into consideration when a non-custodial parent presents a threat or potential harm to the child. That harm does not have to be physical, but could also extend to emotional harm. As long as neither of those dangers are an issue, a non-custodial parent can take the necessary steps towards righting this wrong.

The first step is to document every instance when visitation was denied. Also, keep a record of every exchange with the custodial parent, which includes text messages, emails and phone messages.

In the event that there is a custody order in place, you can seek out the assistance of your local police force. That begins by filing a police report. But don’t be surprised if police officers are not so quick to intervene when it comes to being the mediator that attempts to divvy up parenting time. They are more prone to help when a child’s well-being is threatened in some way.

Even if the police provide some kind of help, turning to a family attorney is highly recommended since there is no guarantee that the custodial parent will not try the same thing again. A Charlotte family law attorney will use a number of strategies to help on your behalf.

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The first step will be to resolve the matter outside of court, but not without considering that missed visitation days should be accounted for and made up in the future. This attempt will also be documented and can be one more piece of evidence brought into a court.

When the matter does go to court, non-custodial parents have the right to request an enforcement or modification of the custody order. Non-custodial parents may also file contempt charges against the custodial parent because a denial of visitation is a direct violation of a court order. Such violations could result in penalties or fines against the custodial parent.

In North Carolina, Southpark Family Law helps parents who are being denied their visitation rights. Our team of attorneys can help bring an end to what can be a very difficult situation by protecting and fighting for your rights as a parent.

Visit www.SouthParkFamilyLaw.com ~ Consultations and Flexible Payment Plans Are Available

Friday, September 15, 2017

Issues That Often Arise in an Older Couple’s Divorce

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Divorce is something that has no age limit as older couples find themselves among the many Americans who divorce every year. While child custody is not always an issue in these divorces, retirement benefits and insurance plans can play a very important part. These factors create more need for a experienced Charlotte NC divorce lawyer to work on your side. Here’s a look at the important aspects of a divorce among older couples.

Retirement Plans
A prenuptial agreement will clear up a lot of gray areas when it comes to retirement plans. But without a prenuptial agreement, there will be the need to tally up assets and that includes retirement plans and 401(k). What generally happens is that any assets added to those retirement plans after the date of the actual marriage will factor into the couple’s assets. That balance is considered to be the marital portion, which will be divided up in the divorce. How that balance is divided all depends upon the divorce proceeding. Collaborative divorces in Charlotte are settled amicably while other divorces revert to a judge’s ruling when it comes to splitting that balance.

QDRO
A QDRO (Qualified Domestic Relations Order) in also prominent in ‘gray’ divorces. This is a legal decree that enables a spouse to receive money from a retirement plan or account. This could also be considered payment for spousal or child support. However, that money can also be transferred to the spouse’s IRA as there are often percentage deductions when that money is transferred directly. But drafting and carrying out a QDRO is not as simple as there are guidelines for dividing up a 401(k). Attorneys who are not privy to the finer points of those details could wind up costing their client in the long run. QDRO’s can be rather complex.

Insurance Benefits
If both spouses worked and had their own health insurance, this will not be an issue. However, there are often links between health insurance among married couples. A non-employed spouse could raise the issue of how he/she will pay for health insurance moving forward. Life insurance policies also need to be adjusted and women who are receiving alimony may want to consider purchasing a life insurance policy should anything happen to their ex-husband. Older couples also need to consider the costs of disability insurance, which is higher for older individuals.

If you are seeking out a divorce at any age, the team at Southpark Family Law NC can help. There are so many issues in each divorce that it is important to have a qualified divorce lawyer by your side. Southpark Family Law is ready to provide you with an experienced family law attorney who can ease you through the divorce process.