Statesville Family Law Attorney

Almost 600,000 couples file for divorce every year. In fact, more than half of all marriages wind up ending in divorce. Most people hope their marriage is never one of those, but it can happen. This is a gut-wrenching disruptive event to go through that can potentially decide where you live, who gets your kids, how your property is divided, and even how much of your own money you get to keep.

It can seem like the world is crashing down on you and you’re all alone, but we’re here to let you know that isn’t the case. Our professional and experienced Statesville family law attorneys at Waple & Houk PLLC can help.

Our trusted firm handles matters from divorce and child custody to adoption. You don’t have to go through your family law case in Statesville, North Carolina alone. Call (704) 480-3899 for a free consultation today.

Table of Contents

What Qualifies As a Family Law Case?

Statesville Family Law Infographics

Several different scenarios can qualify as family law cases. Examples include setting up guardianship for an elderly loved one or adopting a child. Our experienced Statesville family allow attorneys often handle the following types of cases:

Uncontested Divorce

An uncontested divorce can save you both time and money, as well as a great deal of mental stress. Typically, if you can manage it, try to settle everything by yourself before involving the court system. Although this is the most straightforward way to go about things, if circumstances change (like a new boyfriend or girlfriend, a new baby) you may find yourselves in a bind where you need to go to court to get your divorce finalized.

The important thing to remember is that even if you decide to go this route, you are still much better off if you can work out an uncontested divorce on your own, as it will be significantly less expensive and quicker than going to court.

Contested Divorce

An uncontested divorce is generally where both parties agree on all terms of the divorce and there are issues that are still unresolved. A contested divorce occurs when the spouses can’t agree on any terms and need to go through the whole divorce procedure to have a judge decide the final outcome.

This type of divorce will generally take longer because the parties are not talking with each other, and there is very little they can do on their own. Most people agree that the quicker a divorce happens the smoother it will be. This type of divorce does require that the couples have their attorney present at all meetings and it also requires that they have a mediator involved at least monthly.

Parental Rights

Parental rights are referred to as “visitation rights.” This is a legal right granted by the court on the child’s behalf to the mother or father. In many countries around the world, this right is also granted by the court for health reasons.

However, in the US, has a tendency to favor more towards the mother retaining primary custody than the father. The parent’s rights movement is a broad civil rights movement that is primarily concerned with issues affecting children, especially mothers, fathers, and even sometimes grandparents, who are interested in issues dealing with child custody, paternity, and health issues.

Child Custody

Child custody can be one of the most contentious issues of any separation or divorce, especially if the parents aren’t able to come to an agreement over who gets custody of the children and when. In many cases, it winds up being up to a judge to determine and enforce the agreement, as the legal professionals try and ascertain what is in the best interests of the children over any objections or animosity that might be happening between the parents.

Paper cutout house and family on blocks with words child custody. Statesville family law attorney concept

Child Support

In legal terms, child support is a periodic, direct payment made directly by a non-custodial parent for the monetary advantage of a child following the termination of a divorce or other legal relationship. The term “child support” has come to replace “custodial support” in many states due to a perceived societal shift towards support for children. However, child support itself has roots in many states’ divorce laws.

Child support law was traditionally thought to have been designed to assist the custodial parent with the day-to-day care and expenses of the children; however, this obligation is now commonly seen as extending beyond that area to include noncustodial parents who are financially unable to contribute to their children’s needs.

Spousal Support and Alimony Agreements

Sometimes after a divorce, the two separating partners are far apart in the income levels that they would generate. Spousal support and alimony are means of making sure each partner has enough money to live off of, especially if one has been raising the kids or not even working to take care of the home.

Legal Name Changes in North Carolina

Legal name change means the legal procedure by an individual to change his or her name from his or her current legal name to another legal name. It could either be done voluntarily or involuntarily. This procedure is needed as various people have different names which might be offensive, embarrassing, or difficult to spell. Therefore, when one is legally changed to another name, he or she is legally recognized as having a new legal identity.

Restraining Orders

A restraining order or protection order is a legal order utilized by a judge in a case involving suspected domestic violence, abuse, child abuse, battery, sexual assault, or stalking. It bars the alleged offender from possessing, holding, owning, and/or operating a specified property, specific actions within a specified location, travel within the specified area, and specific mailing and delivery correspondence from and to the person who has been named in the order.

In most cases, restraining orders are obtained by a spouse or partner of the person accused of domestic violence. If the respondent to the restraining order lives with the victim, then the order often names both the husband or wife of the respondent as the respondent.

DSS Cases

DSS cases involve allegations of abuse by a caregiver or other person responsible for the health and welfare of a child or a vulnerable adult, such as a disabled or elderly person. If you have been falsely accused, this type of situation is extremely difficult to deal with.

Couple signing divorce papers at office of Statesville family law attorney

What Are the Grounds for Divorce in North Carolina?

Grounds for divorce in North Carolina include proving one spouse has incurable insanity, the couple having been separated for one full year, adultery, drug abuse, indignities, cruel/barbarous treatment, and desertion. There is also the possibility of “no-fault” divorce where either party can file for a divorce without stating a clear reason why they want such an action to take place.

How Do You Start the Divorce Process?

You can start the divorce process by filing the appropriate paperwork with your county court. A mediation process is recommended, but if need be, a judge will make final rulings on alimony, child custody, child and spousal support, and division of property.

How Does the Division of Property Work in North Carolina?

The state of North Carolina is not known as a community property state. The judge will use the equitable distribution method to divide property, meaning they will do it in ways they deem fair for each spouse.

How Is Child Custody Decided?

Judges decide the final child custody based on what they deem in the best interests of the children. Their decision can factor in many things, including the ability of each parent to care for their children, the living arrangements of the parents, the relationship each child has with their parent.

What Is Alimony and How Is It Decided?

In the state of North Carolina, alimony is payment to help support and maintain a spouse. This can happen either on a continual basis or through a lump sum payment. Alimony gets paid by a supporting spouse to a dependent spouse. Generally, a spouse is considered dependent if they make less money than the other spouse.

Contact Our Statesville Family Law Attorneys

Unfortunately, sometimes marriages end in divorce. It can be one of the most difficult times in any person’s life. There are a lot of emotions and sometimes its difficult to keep your emotions from dictating your decisions during an event like a divorce.

Fortunately, you don’t have to go through such a process alone. It can be emotionally traumatic, but there are legal professionals who can help you craft a better life after the split, protecting you and your family.

If you need such help in Statesville, North Carolina, then contact the team of Waple & Houk PLLC for family lawyers who can help you win your life back.