Charlotte Family Law Attorney

Family law deals with a wide variety of family issues such as divorce, marriage, adoption, child support, among many others.

The laws are designed to protect the interests of the institution of the family. Still, family law issues are some of the most emotionally taxing and stressful of any area of law.

Long after the divorce is finalized, issues surrounding child custody, spousal support, and other important matters may arise. The ongoing nature of the issues can make it feel like the divorce was never finalized. More than ever, it is a time when you need sound counsel from an experienced and compassionate Charlotte family law attorney such as our team at Waple & Houk.

If you need assistance with any family law matter, contact our Charlotte, NC law office to schedule your consultation and case evaluation. Our experienced attorneys are here to provide you with the support and guidance you need during this challenging time.

What Qualifies as a Family Law Case?

A family law case is a type of civil case but generally involves issues concerning or between spouses, children, and parents. Here are the most common types of family law cases that our family law attorneys handle:

1. Contested and Uncontested Divorce

If ending your marriage is in your best interests for you as a couple, having the representation of a family law attorney from Waple & Houk can help the divorce case proceed smoothly towards a successful resolution whether it is a contested or uncontested divorce. We have the experience, skills, and knowledge to work out the best possible resolutions for our clients in divorce cases.

2. Parental Rights, Child Custody, and Child Support

Child custody, child support, and parental rights can be some of the most contentious issues in divorce cases and may severely impact the whole family, particularly the children. 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

Separating from a spouse can be a difficult and particularly challenging time, especially if you are left to shoulder financial burdens that were previously shared alone. Waple & Houk can help protect your interest in spousal support, whether you are defending a claim against it or seeking support from it.

4. Legal Name Changes

A name is something that gives you a sense of identity. The vast majority of people usually keep the first name they were born with throughout their lives. When it comes to women, however, a change of the last name is usually only associated with marriage or divorce.

Still, there are other instances when a name change becomes very important to an individual or family. The legal process to do so, however, can be sometimes confusing and has varying requirements depending on your specific situation.

If you or a loved one wants to change their name legally, now is the time to seek legal guidance to ensure a seamless process. At Waple & Houk, we are ready to help you obtain a legal name change for several reasons, such as:

• Adopting a child
• A wife adopting the husband’s name long after the marriage occurs
• Husband adopting the wife’s name upon marriage
• Reverting to your maiden name after you are divorced
• Religious reasons
• Desire for a less or more ethnic name
• If you dislike your current name

5. Restraining Orders

Protecting victims of abuse is always a top priority, and a restraining order can be a perfect tool for doing just that. If you or a minor child in your custody is a victim of verbal, physical, or sexual harassment or abuse, you need to get in touch with Waple & Houk, PLLC. We will work diligently to get the protection that you need.

What Are the Grounds for Divorce in North Carolina?

It is important to note that North Carolina recognizes two forms of divorce, although one is somewhat superior to the other. They are:

1. Absolute Divorce

Absolute divorce is the type that most people refer to when talking about divorce in North Carolina. It is essentially a complete and final end to a marriage that’s typically accompanied by a court order that’s known as a Decree of Divorce.

North Carolina law recognizes only two grounds for absolute divorce:

• Incurable Insanity: If a married couple has been living apart and separately for three years due to one spouse’s incurable insanity, the court may grant an absolute divorce. However, incurable insanity must be proven by expert testimony from two doctors.
• Separation for 1 Year: Absolute divorce may be granted to either spouse if the married couple has been living apart and separately for one year. One of the spouses must also have been a North Carolina resident for six months immediately prior to filing the Complaint for Absolute Divorce.

2. Divorce from Bed and Board/Legal Separation

If you are going through a contested divorce, you may choose to obtain a legal separation. A legal separation, which is also referred to as a divorce from bed and board, requires establishing that the defending spouse committed at least one of these six acts:

• Committed adultery
• Regularly used drugs or alcohol excessively
• Engaged in behavior that made the life of their spouse “burdensome”
• Endangered the life of the complaining spouse
• Threw the complaining spouse out of the home
• Abandoned the family

It is still important to note, however, that you are still required to obtain an Absolute Divorce to officially end your marriage in North Carolina, even if the court grants your request for a divorce from a bed and board.

How Do You Start the Divorce Process?

If you are ready to divorce your spouse in North Carolina, you need to follow certain procedures. Before rushing to the courthouse to file for divorce, you must first meet the eligibility requirements. Specifically, you or your spouse must have been separated for at least one year and lived in the state for at least six months prior to filing for divorce.

The formal divorce process, however, starts with filing a “Complaint for Absolute Divorce” with the court. If you file the complaint, you will be known as the Plaintiff, while the responding spouse will be the Defendant. Once you file the complaint and file the filing fees, you will need to serve a copy of the complaint to the other spouse, either by the sheriff or any other approved form of service.

How Does the Division of Property Work in North Carolina?

The division of property in North Carolina refers to an agreement between two divorcing parties and is known as a property settlement. Not all couples may find it necessary to have the court involved in property distribution. If the court is involved in the property distribution, however, the parties will need to work through the court-mandated steps.

3 Types of Property Classification in North Carolina

Dividing property in North Carolina can be a lengthy process, as the court must first identify all the assets owned by both parties, categorize them into one of three types, and then determine their value before distribution. North Carolina recognizes these three categories:

• Marital Property: This includes all property currently owned that was acquired by the couple during their marriage.
• Separate Property: This encompasses various subcategories, such as assets obtained by one spouse through inheritance or as a gift from a third party during the marriage, as well as any property owned by either spouse before the marriage.
• Divisible Property: This also consists of several smaller asset categories, including income generated from marital property received by either spouse after separation and any changes in value (both positive and negative) experienced by the couple’s marital assets or debts post-separation.

Equitable Distribution

The process of property distribution by the court is known as equitable distribution. Equitable distribution assumes that an equal (50/50) division of the marital property is equitable. The vast majority of judges in NC favor awarding each party 50 percent of the marital property unless other factors make a strong case for unequal distribution, such as:

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

How Is Child Custody Decided?

The child custody laws in North Carolina are aimed at protecting the child. Under those laws, family courts typically have jurisdiction over custody cases and award custody on the basis of the child’s best interests.

It is up to the court to determine whether joint or sole custody is appropriate. The court cannot favor one parent over the other on the basis of financial status or gender without first considering the child’s overall best interests along with other relevant facts about the parent-child relationship. The court may grant joint custody as long as the welfare of the child is secure.

North Carolina child custody laws are very complex, which is why you should always consult an experienced Charlotte family law attorney when contemplating a separation or divorce and facing child custody issues. If you attempt to navigate those issues on your own, you might end up jeopardizing your rights and the interests of your child.

What Is Alimony and How Is It Decided?

Alimony, which is also known as spousal support, refers to the court-ordered provision of financial support to a spouse following a divorce.

North Carolina is unique when compared to most other states when it comes to how alimony between two spouses is treated and determined. The state has no set guidelines for determining alimony and what’s awarded typically varies depending on the judge assigned to a specific case.

Alimony is typically not awarded in many family law cases in NC. A spouse is required to prove his/her status as a dependent for alimony to be awarded. If both spouses earn relatively similar incomes, it is highly unlikely that either spouse will be regarded as dependent and awarded alimony.

Alimony, however, can be awarded if one spouse earns significantly more than the other spouse. The court then determines the amount and duration of alimony obligations for the dependent spouse.

The amount and duration of an alimony award in North Carolina are based on different factors, such as:

• The dependent spouse’s educational background
• The dependent spouse’s standard of living
• The ability of a spouse to pay alimony
• The reasonable needs of each spouse
• The length of the marriage
• Marital misconduct (adultery, substance abuse, abandonment, etc.)

Judges in North Carolina exercise a lot of discretion when determining the alimony to be awarded based on the factors above. In general, the longer the marriage, the longer the duration of the alimony payments. Spouses who earn high incomes can also expect to pay significantly more in alimony compared to spouses who earn modest to low incomes.

The alimony laws in North Carolina may result in widely different outcomes in each case. That’s why it is important for the spouse seeking alimony and the spouse defending against it to get help from an experienced Charlotte family law lawyer such as our team at Waple & Houk.

Contact Our Charlotte Family Law Attorneys Today

If there’s one resource that you should always have when navigating a family law issue, it’s an experienced family lawyer on your side to explain the process, advocate for your rights, and let you know all your options in family court.

If you have any questions regarding a family law issue in Charlotte, North Carolina, get in touch with Waple & Houk, PLLC today. You can contact us either via phone or online to schedule a consultation and case evaluation with one of our experienced family law attorneys.