Charlotte Family Lawyer

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Types of Family Court Matters We Handle in Charlotte

When you are searching for an attorney in Charlotte, it is vital to find an attorney who has proven experience successfully handling cases like yours. When it comes to family court, many of the cases that unfold involve several issues. For example, you may be planning to divorce, but if you have children with your spouse, you need to prepare for a child custody determination as part of the divorce process.

We have solid professional experience handling many types of family court cases, including:

  • Divorce. Ending a marriage is a complex process, and while North Carolina’s law on child custody, child support, alimony and equitable distribution are seemingly straightforward, the actual legal process of ending a marriage is often more difficult than divorcing spouses expect. Trust our firm to help you identify the key issues you must resolve and develop a strategy for resolving your divorce as efficiently as possible.
  • Child custody determinations. A custody dispute is likely to be one of the most challenging experiences of a parent’s life, and the outcome will affect the child most acutely. Whether you are seeking full custody of your child or aim to arrange a joint custody order with your co-parent, we will do everything we can to help you make the strongest possible case for the custody rights you hope to secure.
  • Separation. In North Carolina, a one year separation is a necessary prior to filing for divorce, but it can also serve as an alternative that allows the spouses to reconsider whether they should end their marriage or attempt to reconcile. Separation is also defined as living in separate households, not separate bedrooms. Also, even though you must wait one year for the separation to obtain a divorce in North Carolina, you do not have to wait the one year to resolve issues of child custody, child support, alimony and equitable distribution. If you intend to separate in North Carolina, we can help you make clearer sense of this process and provide further legal representation if you decide to later proceed to divorce.
  • Child support. When one parent has custody of their children, the noncustodial parent is likely to face a child support requirement. Child support can also come into play when parents share custody based on the time each parent spends with a child and each parent’s income. Whether you are required to pay or receive child support, we can help to ensure a fair determination and address any disputes you encounter regarding your support order.
  • Domestic violence. Domestic violence is a serious issue, and the perpetrator can be subject to criminal charges and/or civil penalties. We can help our clients secure a civil protective order if necessary and help them navigate the criminal process to pursue charges. We can also ensure that any domestic violence you or your children have experienced is properly reflected in a divorce and/or custody order.

These are only a few examples of the types of family court cases our firm represents in Charlotte. It’s important to remember that, unlike other areas of law, family law accounts for the fact that the parties involved in a case may need to later return to court to readdress some of the issues covered in their original proceedings. When you choose our team, you will have a faithful advocate ready to assist you with any future proceedings that might arise.

Handling Divorce in Charlotte

The vast majority of cases resolved in the Charlotte family court system revolve around child custody, child support, alimony and equitable distribution, and it’s common for these cases to involve several issues that all require careful consideration. For example, if high net-worth parents decide to end their marriage, they are not only likely to face a complex property division process but also a child custody determination, child support determination, and various other issues.

We can help our clients navigate the divorce process more efficiently. Whether you have decided to end your marriage, you must respond to your spouse’s court papers, or you and your spouse have reached a mutual decision to end the marriage, the first steps you take in formalizing this process are crucial. We can help you understand your separation requirements and identify the key issues you will need to resolve to complete your divorce.

It is also possible to resolve divorce in several ways. In some cases, divorce must be resolved through litigation in family court. It is also possible for a divorcing couple to explore alternative dispute resolution, which effectively serves as a private settlement negotiation for some cases.

In mediation, a neutral third party will meet with the spouses and their respective divorce attorneys in order to negotiate a mutually acceptable set of terms for divorce, saving the couple time and money.

However, some issues cannot be resolved through private dispute resolution. For example, if a divorcing couple has children, they may be able to negotiate property division in alternative dispute resolution, but the court must resolve child custody as it has a duty to ensure that a custody order suits the best interests of the child the order will affect. Your attorney can help you determine whether any form of alternative dispute resolution is viable for your case.

Property Division in North Carolina Divorce

When you divorce your spouse, one of the most important issues you must cover is the division of your marital property. The state follows an “equitable distribution” law for property division in divorce, meaning that the court will aim to resolve property division as equitably as possible by considering various financial factors from both of the divorcing spouses. It’s important to remember that “equitable” does not necessarily mean a strict 50/50 division.

In an equitable distribution determination, the divorcing spouses have the opportunity to negotiate what they believe to be the fairest possible division of assets. Each spouse will be allowed to keep their respective separate property, which typically includes the property each spouse owned prior to their marriage. “Marital property” will include anything the couple acquired during their marriage or purchased together.

One of the most important aspects of property division proceedings in Charlotte is financial disclosure. This is a requirement for every divorce, regardless of how simple or complex the case may seem. Each divorcing spouse will need to provide complete and accurate financial records to show their separate property ownership rights and to accurately assess the marital property subject to equitable distribution.

All issues, including child custody and child support, can be resolved through private alternative dispute resolution. These issues can be resolved by a private our-of-court agreement or by the execution of a Consent Order that is signed by the parties and approved by the court. A Consent Order has the force of a Court Order even though the parties never actually appear in court. Your attorney can help you determine whether or not alternative dispute resolution is viable in your case.

Child Custody and Child Support

Some of the most emotionally charged family court cases pertain to child custody and child support. Whether you are approaching a child custody determination as a standalone legal issue as an unmarried parent or you face a child custody determination as part of a larger divorce case, it can be difficult for any parent to remain objective in this situation. The court has a duty to rule in favor of the best interests of your child, and this may conflict with your personal goals.

In a child custody determination, the court will assess various factors of each parent, including, but not limited to , their criminal records, if any, and each parent’s bond with their child to determine what custody arrangement is in the best interests of the child.

Every custody determination involves two forms of custody: legal custody, which dictates the right to make major decisions for a child, and physical custody, which dictates where the child will live and where they spend their time. It’s possible for parents to have an equal share of legal custody but an uneven split of physical custody based on their individual work schedules and living arrangements, and it is possible for one parent to assume sole custody.

A parent will only be eligible for legal custody if they are proven to be a fit parent capable of addressing the child’s unique needs. Physical custody is more variable, and it is possible for shared custody to be arranged in various ways. When parents split physical custody, their children will spend roughly equivalent amounts of time with each parent on a rotating basis. This means the children could rotate between parents every week or every few days.

A child support determination will reflect a custody order. Both parents are required to equally contribute to the financial costs of raising their children. When one parent assumes greater physical custody than the other, or when one parent assumes full custody, this “custodial” parent is likely to receive child support payments from the noncustodial parent. The amount paid depends on the child’s needs and the financial disparity between the parents.

Modifying a Family Court Order in Charlotte

Family law is unique in that it is possible to revisit a previously resolved issue to address recent changes in your life. For example, if you have a standing child custody order but you need to relocate, or if you have been injured or fallen ill and are no longer able to handle your custody requirements, you may need to petition the court for modification of your court order. It is also possible to modify a family court order in response to an ex-spouse’s bad behavior.

Your Charlotte family lawyer can explain your options for modifying a family court order if you have experienced any recent changes in your life that make your current terms untenable. This process usually entails filing a motion for modification followed by a hearing. If the other party does not contest the request, it might be possible to secure a modification relatively quickly with an attorney’s help in drafting an agreement regarding the new custodial arrangement.

What to Expect From Your Charlotte Family Lawyer

There are no one-size-fits-all solutions for family court cases. These are deeply personal legal issues that can have long-lasting repercussions, and it is important that you approach your family court proceedings supported by legal counsel. At Plumides, Romano & Johnson, PC, we provide individualized and compassionate legal counsel to every client we represent. Trust our firm to guide you through your case efficiently and address your personal concerns.

Once you realize that you are headed for any type of family court case, it is crucial to connect with a trustworthy Charlotte family lawyer as soon as possible. The sooner you reach out to an attorney, the more time and flexibility they will have to address the unique issues you face in the Charlotte family court system.

FAQs

    Q: Why Do I Need a Charlotte Family Lawyer?

    A: You need a Charlotte family lawyer because the outcome of your case could significantly impact your life and the lives of your loved ones for many years to come. No matter what type of family court case is ahead of you, this is an inherently emotional situation that can be very difficult to navigate alone. Securing legal counsel will make every phase of your proceedings much easier to handle and more likely to yield positive results.

    Q: How Long Does a Family Court Case Take to Resolve in Charlotte?

    A: The time required to resolve a family court case in Charlotte depends on several variables. Many of these cases are multifaceted. For example, a divorce could entail property division as well as child custody determination. Your Charlotte family lawyer can not only provide an estimate of how long your case could take to resolve but also help you determine the optimal ways of streamlining these proceedings to resolve the matter as swiftly as possible.

    Q: What Is the Waiting Period for Divorce?

    A: In North Carolina, the waiting period for divorce is effectively one year and one day. The divorcing spouses must be separated for one full year and one day before they can file for a formal divorce. To be legally separated, the spouses must live separately, and at least one of the spouses must intend for the separation to be permanent. After divorce papers are served, there is another 30-day waiting period before it can be finalized by the court.

    Q: How Do You Win a Child Custody Case?

    A: “Winning” a child custody case in the state means that the court has determined it would be in your child’s best interests for you to have custody. The court is required to create custody rules based on the child’s best interests in every case, meaning the court must evaluate each parent’s capability, work schedule, living arrangements, criminal history, income, and other variables in order to determine what type of custody arrangement would be most beneficial to the child.

    Q: How Much Does a Divorce Cost in Charlotte?

    A: The cost of a divorce in Charlotte hinges on several factors. When determining the full financial impact of your divorce, it is important that you consider not only the cost of hiring legal representation and the cost of court filings but also the long-term outcome of your divorce terms. The outcome of your divorce may entail a child support agreement, an alimony agreement, securing new living arrangements, and involve various out-of-pocket expenses.

    Family court cases are some of the most challenging legal matters anyone can face, and if you are preparing for a divorce, custody dispute, or any other family court matter, it is vital to have an attorney you trust to represent you. Plumides, Romano & Johnson, PC, has decades of professional experience we are ready to leverage for you, so contact us today and schedule your consultation with a Charlotte family lawyer about your case.

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