Charlotte Family Law Attorney

A Charlotte family law attorney can help one through the intricate, emotionally draining world of family law-this is a broad area of study encompassing divorces, marriages, adoptions, and child support. This domain of law is actually structured in such a way as to safeguard the interest of the family. However, matters of family law are often the most emotionally draining and stressful of any branch of law.

Even a decade after one gets divorced, matters related to child custody, spousal support, and other topics that may arise for which the need is anticipated can make it seem like a divorce has never been finalized. Due to the fact that family law issues are ever-evolving in nature, it’s at this point of your life that you need more than ever to receive sound counsel from an experienced and empathetic Charlotte Family Law Attorney such as our own team at Waple & Houk.

Call us in Charlotte to set up your consultation and case evaluation, and let the road to victory in your family law case begin. Our attorneys are here with you at this troubled time and will provide all the assistance and guidance you deserve

What Qualifies as a Family Law Case?

A family case is essentially a civil case but typically pertains to matters between spouses, children, and parents. Some of the most common family law cases that our Family Law Attorney Charlotte deals with are as follows:

1. Contested and Uncontested Divorce

If it is in your and your spouse’s best interest to terminate the marriage, a Charlotte Family Law Attorney with Waple & Houk will help the divorce case smoothly proceed toward final resolution, be it a contested or uncontested divorce proceeding. We have years of experience and expertise with the skills and knowledge required to work out the best possible solutions for our clients with divorce cases.

2. Parental Rights, Child Custody, and Child Support

Child custody, child support, and rights of the parent are probably some of the most contentious issues within divorce cases that might affect the whole family particularly the children deeply. At Waple & Houk, we always strive to find the best resolution regarding all these matters that are in the best interests of the children.

3. Spousal Support and Alimony Agreements

One of the most difficult moments in your life is separating from your spouse, especially if you have to bear all the financial burdens you shared together. Waple & Houk can help protect your interest in spousal support, whether it’s a claim against or seeking support from it. Trust our Best Family Law Attorney Charlotte to work tirelessly on your case.

4. Legal Name Changes

A name is something that gives you a sense of identity. Most people keep their first name for their whole lifetime. A female will, however likely change last name due to marriage or divorce. Still, there are many occasions in which a name change really becomes important to an individual or a family.

The legal process in doing so is very complex and differs in its requirements based on your particular case. Should you or a family member wish to alter his or her name legally, now is the time to consult with an attorney. At Waple & Houk, we are poised and ready to guide you through securing a legal name change for any number of reasons:

• Adopting a child
• Reverting to your maiden name after you are divorced
• Religious reasons

5. Restraining Orders

Protecting the abused always comes out as a great priority, and a restraining order can be just the tool in doing this. In case either you or a minor child under your care is verbally, physically, or sexually harassed or abused, contact Waple & Houk, PLLC so we can work hard to protect you.

What Are the Grounds for Divorce in North Carolina?

It should be mentioned that North Carolina recognizes two forms of divorce, although one is sort of superior to the other. They are:

1. Absolute Divorce

The kind of divorce most people are referring to when speaking about divorce in North Carolina is absolute divorce. Simply stated, it is an end of marriage that’s complete and final, usually after a court order that’s referred to as a Decree of Divorce. Charlotte Family Law Attorneys recognize this can be a complicated situation, but they’re here to help.

North Carolina law recognizes only two grounds for absolute divorce:

• Incurable Insanity: If a married couple has lived separately for three years and the marriage becomes hopeless due to the incurable insanity of one spouse, the court may declare an absolute divorce. Incurable insanity needs to be proved with the aid of medical expert evidence from two physicians.
• Separation for 1 Year: Even without a separation agreement, either party can be awarded an absolute divorce if the married couple has lived apart and separately for one year. In addition, it must have been one of those spouses who was a North Carolina resident for six months immediately preceding the time that the Complaint for Absolute Divorce was filed.

2. Divorce from Bed and Board/Legal Separation

If divorcing by contest, you can choose to file a motion for legal separation. A legal separation, also termed as divorce from bed and board, requires that you prove the happening of at least one of the six acts that the defending spouse purportedly committed:

• Committed adultery
• Regularly used drugs or alcohol to an excessive degree
• Engaged in behavior that made the life of the other spouse “burdensome”
• Placed the life of the other spouse in imminent danger
• Actually renounced the complaining spouse
• Abandoned the family

Be aware that you are still required to get an Absolute Divorce to end the marriage in North Carolina legally.

How Do You Start the Divorce Process?

In North Carolina, once you have come to the conclusion that you are going to divorce, you must go through a number of procedures established by the law. Included in these procedures are meeting qualifications for divorce before getting an attorney and then moving straight to court where you file your divorce. It is: You or your spouse must have lived apart from each other for one year or more, besides having stayed as residents in the state for six months immediately before the filing of the divorce.

Formal process begins with filing what may technically be considered a “Complaint for Absolute Divorce” in court. As long as you’ve filed the complaint, you will be referred to as the Plaintiff, and your spouse as the Defendant. After filling your complaint in the filing fee, you ought to serve a copy of the complaint to the other spouse by the sheriff or any other approved method of service. Charlotte Family Lawyers can help guide you through this process so as to make everything work out well and smooth.

How Does the Division of Property Work in North Carolina?

The division of property is an arrangement between two divorcing parties. It is also known as property settlement. In the absence of an agreement between the parties, then it is the responsibility of the courts to determine the equitable distribution of such assets. North Carolina classifies three types of property: marital, separate, and divisible property.

Our Charlotte Family Law Attorneys will provide you with all the expertise that can see you through.

3 Types of Property Classification in North Carolina

Distribution of property in North Carolina is pretty lengthy considering the need to determine all assets owned by both parties and categorize them into one of three types before determining their values for distribution. North Carolina recognizes these three categories:

• Marital Property: All property owned at the time of the filing and accumulated during the marriage years.
• Separate Property: It encompasses a range of subcategories-thus, for instance, property acquired by one spouse, inherited or given as a gift from a third party during marriage, and all property that either spouse may have owned before marriage.
• Divisible Property: This also includes several subcategories of property that include income received from marital property acquired by either spouse after separation and any value increases (net or gross) that the marital assets or debt of the couple have after separation.

Equitable Distribution

Equitable distribution is the process where the courts distribute the properties. Equitable distribution presumes that an equal 50/50 division of marital property is equitable. The vast majority of NC judges favor awarding each party 50 percent of the marital property unless other factors make a strong case for unequal distribution, including:

• Income-earning potential
• The health of one spouse
• A spouse’s business or unvested pension interests

How Is Child Custody Decided?

A legitimate reason to support child custody laws in North Carolina is the protection of the child. Under those laws, generally, family courts acquire jurisdiction of cases on custody and award the issue of custody according to the best interests of the child.

The court will leave the decision to it whether joint or sole custody suits the family situation better. The court cannot favor one parent, either on the basis of their financial status or gender, over the other without first considering that whatever preference they make is in the child’s best interest, along with other relevant facts regarding the parent-child relationship. In such a scenario, although the welfare of the child is always guaranteed, the court might give an order for joint custody.

Indeed, the North Carolina child custody laws are pretty tricky; therefore, while contemplating a separation or divorce and facing child custody issues, always seek advice from experienced Charlotte Family Lawyers. Otherwise, you may end up jeopardizing your rights as well as the interests of your child by trying to do things yourself.

How Is Child Custody Decided?

Child custody laws in North Carolina are designed to protect the child. Courts have discretion to grant a custodian of the child while acting in the best interest of the child. The custody may be joint or sole, but this all depends on the different conditions that might be met for one to guarantee their child’s welfare with the assistance of a family lawyer Charlotte.

What Is Alimony and How Is It Decided?

Alimony, also referred to as spousal support, is the financial provision made upon a separated spouse by court order after divorce.

Alimony in North Carolina, to a great extent, is unique in comparison to the majority of the other states. This state, in fact, does not have any set guidelines for determining alimony. Therefore, normally, it varies according to the judge assigned to a specific case.

In many cases involving NC family law, alimony is not granted. There must be evidence that one spouse is a dependent in order for a court to grant alimony. When both spouses have fairly comparable incomes, there is little to no chance that either will be ruled a dependent and assigned alimony.

But alimony may be awarded if one spouse earns substantially more than the other spouse. The court also determines the amount and length of time a dependent spouse owes alimony. The quantity and span of an alimony order in North Carolina are determined by the following factors:

• Educational background of the dependent spouse
• Standard of living of the dependent spouse
• Whether or not a spouse can pay spousal support
• The reasonable needs of either party
• Length of the marriage
• Marital misconduct grounds (adultery, substance abuse, abandonment, etc.)

The North Carolina alimony laws can actually be interpreted in a very different manner in a few different cases. That is why the spouse claiming alimony and the spouse against it should get assistance from an experienced Charlotte Family Lawyers like the team at Waple & Houk.

Contact Our Charlotte Family Law Attorneys Today

If you have some family law issue, then get the best comfort of a good Charlotte Family Law Attorney. Contact Waple & Houk, PLLC, today to schedule a consultation with one of our experienced attorneys. He will explain the process, advocate your rights, and guide you through the complicated process of family law. Trust our Best Family Law Attorney Charlotte to help you through this challenging time.