What are the Most Common Motions Divorce Lawyers in Charlotte Handle?
When people think about divorce lawyers in Charlotte, they assume that all they do is file divorce complaints for their clients. They don’t realize all of the stuff that happens between the time you file for divorce and the time your divorce is final. They certainly don’t think about what happens in the months and years following the divorce. However, our Charlotte family law attorneys handle motions for their clients both during and long after their divorce becomes final.
Ideally, a person’s marital settlement agreement would spell out all the terms of their divorce. Once this agreement is signed, it would seem, there should be no outstanding issues. However, anybody who has been through a divorce knows it doesn’t work this way. Our divorce lawyers in Charlotte handle motions on a variety of issues. Some of these include child support, custody, and spousal support.
Here, we’ll discuss how these motions work and why they are so common. If you have any questions about your own situation, give us a call. It’s worth taking the time and effort to sit down with divorce lawyers in Charlotte. They can help you get what you deserve and what you want.
Our Divorce Lawyers in Charlotte Often Handle Divorce Related Motions
In a perfect world, couples who were in the middle of a divorce would work together to resolve outstanding issues. For example, if they couldn’t agree on whether to sell the marital home, they would sit down and have a rational discussion. However, things don’t work like that in the real world. More often than not, our clients are not even on speaking terms with their soon to be ex-spouse.
What this means is that it’s usually impossible to resolve the really important issues. The only way to come to an agreement is by going through the courts. This requires that our divorce lawyers in Charlotte have to file motions. These motions are submitted to the family court judge. Once it is filed, the other party gets a chance to respond.
Most of the time, the judge makes their decision based upon the papers submitted with the motion. Other times, they do require the parties to attend a motion hearing. Either way, the judge’s decision is final, and their order will be incorporated into the final divorce decree.
We File a Lot of Motions Regarding Child Custody
One of the major issues confronting a divorcing couple is child custody. When a couple first decides to get divorced, they naturally assume that they’ll agree on a visitation schedule. Unfortunately, as the weeks go by, they realize that it’s not this easy. It can be hard to decide on a custody schedule. One parent may want the kids all the time. or they may not want the kids all that much. It depends on their schedule. It also depends on the relationship each parent had with their children prior to the divorce.
It’s important to keep life as normal as possible for your children while the divorce is pending. This is why a stable custody agreement is so important. Our divorce lawyers in Charlotte understand this. They can file a motion with the court, proposing a custody and visitation schedule. Of course, your spouse’s lawyer will reply with a schedule of their own. The judge will review them both and come up with their decision. Whatever custody order is put into place at the motion hearing will stay in place until the divorce is finalized.
Our Divorce Lawyers in Charlotte Also File Motions on Child Support
In addition to child custody, your divorce lawyers in Charlotte will also have to figure out child support. These two things typically go hand in hand. Whichever parent has the children more throughout the month is usually the one entitled to child support. In North Carolina, as in most other states, there are child support guidelines that will determine how much support must be paid. Some of the factors that impact child support include:
- The number of nights the children spend with each parent
- Both parents’ income
- Any special expenses related to the children such as classes, tutoring, or special medical expenses
- Which parent is paying the children’s health insurance
Once this information is plugged into the child support guidelines, an amount will be determined. The judge will sign their order with the guidelines attached. This child support order will stay in place until the divorce is finalized. And, if the child custody order stays the same beyond the divorce, the child support order will stay the same as well.
You May Need Your Divorce Lawyers in Charlotte to File a Motion for Spousal Support
If one spouse is going to be entitled to spousal support, they’re going to want it while the divorce is pending. Without access to their spouse’s income, they may have no other way to pay the household bills. Your divorce lawyers in Charlotte can file a motion demanding that your spouse pay you spousal support pending the outcome of the divorce. Whether you’re entitled to spousal support will depend on a variety of factors. These include the following:
- Both party’s income
- Education level
- Earning capacity
- Investments, retirement, and other income
- Length of the marriage
Your divorce lawyers in Charlotte won’t know how much you’ll receive until they’ve seen your spouse’s case information statement. They’ll know more once they receive your spouse’s response to the motion.
You Should Retain an Experienced Charlotte Family Law Attorney to Resolve These Issues
If you’re having a hard time getting your spouse to agree to terms of the divorce, you should call our office. If your spouse has hired divorce lawyers in Charlotte, then you need one too. We recommend that you call and set up a consultation with one of our Charlotte family law attorneys. They can review whatever information you may have and determine if you’re in need of an emergency motion or two.