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Tuesday, July 16, 2019

Why a Prenuptial Agreement Makes Perfect Sense

Leading up to a wedding, every couple must decide whether or not they want to sign a prenuptial agreement. While it is a common topic, it can be an uncomfortable one to talk about. After all, no one wants to believe that their marriage will not work out.
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Nevertheless, it is a very important decision about the future. A couple’s inability to make a decision on a prenuptial agreement prior to a marriage could be a sign that they may struggle with other important decisions down the line.

Every person’s financial situation is different as is their approach to handling their finances. It is also not uncommon for people to keep their financial decisions and situations to themselves. However, couples who are open about their finances when it comes to signing a prenuptial agreement tend to find that it brings them closer together.

Managing money is a part of any marriage and a prenuptial agreement is a start to that unified type of management. It is basically a private agreement that is able to be enforced by the court should the need ever come about. Whether couples realize it or not, it is important to make arrangements for matters such as credit card debt, loans, property issues and much more.

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Recent trends have shown that more and more people are marrying at an older age. That means they have worked longer and most likely accumulated more assets than young people looking to enter into marriage. Student loans can still hang over people’s heads for a long time while property ownership is more frequent in marriages that occur later in life.

In the event that children are involved, a prenuptial agreement would also protect their futures. Making sure assets are protected for the sake of children should never make any prenuptial conversation an uncomfortable one.

When a couple is set to go through with a prenuptial agreement, each should hire their own family law attorney. It is also wise to start that process long before the date of the wedding. A family lawyer can facilitate the process which can lead to a better means of communication about finances, future and the entire marriage as a whole.

Southpark Family Law has a team of experienced attorneys ready to handle all the details involved in a prenuptial agreement. The team of attorneys also handles issues involving divorce, child support and child custody.

Wednesday, June 12, 2019

How Dating Could Impact Your Divorce

It may seem natural for people who are getting a divorce to rejoin the dating world. While it may seem like a perfectly normal thing to do, there could be legal issues that come with dating before a divorce. The professionals at SouthparkFamilyLaw.com are ready to assist you in making valuable decisions.

First, it is important to note that post separation alimony cannot be awarded if a spouse is able to meet their financial demands without any help. In other words, it is not just an easy payday. If you are not a dependent, then post separation alimony cannot be ordered. However, if a spouse has been dating prior to the separation, the petition for alimony could be thrown out altogether.

That brings up the question of should you start dating while you are separated? There is no absolute answer to this question.  However, it will make for a much easier divorce from a legal standpoint if you are not dating anyone. The bottom line is that you are still married by law.
 

In North Carolina, being sexually involved with someone else when you are married technically classifies as a misdemeanor charge. Some judges will not even care about the fact that you may have started dating someone. However, there is always the chance that you could stand before the one judge who is offended by this and takes it into consideration when rendering a final verdict. It's important to be represented by the best Charlotte family law attorney available. 

Child custody issues in a divorce can also be impacted by one of the spouses dating outside of the marriage. This raises new questions about the living environment that has been established. The new boyfriend/girlfriend immediately factors into the equation as their character is subject to question.

Settlements are also much more difficult to agree upon when one of the spouses has started dating. This reality could make the other spouse resentful and angry, which could ruin any chances of reaching an amicable settlement.

Those going through uncontested divorces may not have to worry as much about dating. Those who have been through long separations also tend to be less affected. But if you are unsure, it is best to seek out your attorney for advice as all situations are unique in nature.

When it comes time to seeking out divorce law Charlotte NC counsel, go with the experience and professionalism at Southpark Family Law. With a long history of success, Southpark Family Law can help you make the best of your divorce.

Thursday, May 16, 2019

Fathers Now Have Equal Rights in North Carolina Child Custody Cases

Historically, the general assumption is that courts are going to award child custody to the mother in a divorce. That is not the case anymore as more fathers are being granted more than just visitation rights or limited custody. More fathers are now being awarded sole custody of their children.

The state of North Carolina no longer makes any presumptions regarding the gender of the parent. The best interest of the child is used as the determining factor as to whether the father or mother will ultimately be granted full custody. The knowledgeable attorneys at SouthparkFamilyLaw.com can help you along your transition.

That does not mean fathers are exempt from running into some difficulty when pushing for child custody. There are certain steps fathers must follow, the first of which is establishing paternity. It is also important to note that paternity needs to be established when there was no legal marriage between the father and mother. And if a father intends to dispute paternity on a birth certificate, he has 60 days after the birth to do so in a North Carolina court.

There are not supposed to be any biases in terms of custody decisions, which traditionally have favored the mother. However, no fault divorce laws have made it rather easy for women to file for divorce. In many cases, men immediately become the defendant in name.

Many child custody cases involving fathers start off with the aim of obtaining joint custody. From there, it is sometimes easier to prove that the father is better suited for sole custody. At times, that can make for a lengthy legal process.

Nevertheless, the new norm is for the court to decide which parent can best meet the needs of the child’s interest. Income, living arrangements and one’s behavior history are all taken into account when making that decision. Fathers should be sure to have all of those aforementioned areas accounted for before entering into a child custody battle.

It is still common for many people still cling to the preconceived notion that courts are going to award custody to the mother in cases of child custody. That is why it is important for fathers to have quality legal counsel by their side when entering into this process.

Southpark Family Law can provide father’s with the legal advantage they need when it comes time for a child custody battle. As the top family law attorney Charlotte has to offer, Southpark Family Law has the experience that clients deserve to have working for them.

Thursday, April 25, 2019

Signs That Your Spouse Is Trying To Hide Assets in a Divorce

One of the most important components of any divorce is the distribution of assets between spouses. In order to reach a fair distribution, each spouse must disclose all of their assets. However, many spouses will not be so forthright and attempt to hide some of their assets. Here are some prime indicators that indicate your spouse is attempting to hide assets in a divorce.

Living Expenses

Take a tally of your monthly living expenses and then add up your monthly income along with your spouse’s monthly income. Compare the two numbers and then see what your spouse reports when it is time for negotiating. If the numbers do not match up, chances are your spouse is attempting to hide some monthly income and it is time to consult with a divorce attorney in Charlotte NC.

Stock Transfers

Married couples sometimes accumulate stock over the years and when their financial portfolio expands, it is difficult to keep track of everything. A simple stock transfer could get lost in all that is going on. So make it a point to check every one of your stocks for any suspicious transfers.

Safe Deposit Box

This is a prime place to hide any type of valuables or other important documents or funds. If your spouse suddenly obtains a safe deposit box, it usually means it is being used to hold something you are not supposed to see.


New Custodial Bank Account

If a bank account in your child’s name suddenly surfaces, that could be a sign that your spouse is attempting to hide some money. And if such an account already exists, it could still be used for the same purposes. Look deeper into the recent deposits that went into any custodial accounts.

Salary Deferment

Some spouses will go as far as to defer their salary or withhold any upcoming commissions until their divorce is finalized. If there are no paychecks coming in, it is a definite sign that your spouse is being evasive.

Debt Reporting

It’s not uncommon for divorcing spouses to begin reporting false debt. Any new debt reported by your spouse should be looked into with a very skeptical eye. This could also be an infraction on numerous levels.

If you are seeking fair and equitable distribution of assets during a divorce, contact the family law attorneys at Southpark Family Law. They have years of experience helping spouses through all kinds of divorce. A Southpark family law attorney can help ease you through this process and assist with everything from a distribution of assets to child custody and child support.

Wednesday, March 27, 2019

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. 



Sunday, February 17, 2019

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, January 14, 2019

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.

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