Compassionate Counsel with a Results-Driven Approach

No one ever wants to imagine having to seek legal representation for a family law matter. Separation, divorce, child support, or child custody issues can be overly complex and challenging to manage without having skilled legal representation.

Because family law cases can be emotionally draining for all parties involved, having experienced family law attorneys on your side is essential so you can face the future with confidence.

Meridian Law Office has experienced family law attorneys who understand the legal complexities and lasting implications that can arise from these matters. If you are facing a family legal challenge, contact our Charlotte, NC law office today to schedule a consultation and learn more about how we can assist you.

What Legal Services Do Family Law Attorneys Provide?

Family law issues can have long-lasting consequences on all parties involved, so it is best to seek qualified legal representation when dealing with any sensitive legal situation. North Carolina family law attorneys provide clients with a broad range of services focused on domestic legal services, such as:

• Adoption
• Asset division
• Divorce
• Child custody
• Child support
• Guardianship issues
• Separation agreements
• Spousal support

If you are struggling with trying to resolve a family law matter, Meridian Law Office is ready to help. Our legal team has extensive experience helping clients resolve complex family law matters so they can move forward with their lives.

Every family law case has its own unique circumstances that must be addressed. Our attorneys realize that many factors will play a role in your case and are committed to helping you make informed decisions that are best for your well-being.

If you have questions about the family law cases we handle for clients, contact our Charlotte law office to schedule a consultation.

What is the Divorce Process in North Carolina?

North Carolina has a unique divorce process that requires married couples to be separated for at least one year before a divorce action can proceed. Under North Carolina law, one spouse does not have to prove that the other party did anything wrong. Because of the state’s no-fault divorce laws, couples must only be physically separated for a year.

Separation Phase

The separation phase is one of the most critical elements of the North Carolina divorce process. Under state law, married couples must physically separate for at least one year and a day. Spouses must also separate with the intention that their separation is permanent. Before a divorce action can be initiated, one spouse must have been a legal resident in North Carolina for at least six months.

During the separation period, spouse-related issues need to be resolved, including spousal support and property division. If a couple cannot agree on how to divide their property, they must attempt mediation. If mediation sessions fail, then they will have to have an equitable division hearing before a judge who will decide the issue. When children are involved, most families prefer to also address child custody and child support matters during this separation period.

One of the most significant advantages of having a family law attorney is that they will assist you with negotiating agreements or taking the case to court.

The Absolute Divorce Phase

Once a couple has been separated for the required period, the absolute divorce process can begin. Your attorney will then file legal paperwork to initiate the divorce.

Once the one-year and one-day separation requirement is met, the marriage can be legally dissolved. The defendant (the one who was served with legal papers) has 30 days to respond. If the defendant wishes, they have the legal right to contest the divorce and file a counterclaim to resolve any outstanding issues.

After the 30-day response period, a hearing is scheduled at which a judge will confirm that the couple has been separated and that all other requirements have been met. The judge will then sign the Judgement of Absolute Divorce, and the marriage will be terminated.

What are Separation Agreements?

Once a North Carolina couple decides to separate, they can utilize a separation agreement to resolve key financial and parenting issues. Even if you and your spouse agree on these issues, securing legal representation is essential to safeguard your interests.

A well-drafted separation agreement is a legally binding document that allows spouses to determine their economic and parental responsibilities without court intervention. Essential issues that should be addressed in a separation agreement include:

• Property division, including the division of marital assets and debts. Key areas of concern include the marital residence, bank accounts, and retirement accounts.
• Spousal support: A separation agreement should specify the amount of support that is to be paid, how long it will continue, and when it should end
• Child custody: One of the most contentious issues in a separation or divorce often involves children. A separation agreement will guide as to when each parent should have custody and outline the specific custody arrangement.
• Child support: Even if parents are separated, North Carolina law dictates that they have a legal obligation to support their children financially. A separation agreement will determine child support based on the state’s child support guidelines or any mutually agreed-upon variations.

How is Spousal Support Determined By the Court?

North Carolina awards spousal support (also referred to as Alimony) on a case-by-case basis when the court determines it is warranted. Unlike child support, the state does not use a set formula to determine payments. Instead, the judge will consider various factors to determine the amount and duration of spousal support that should be paid.

Some of the primary factors that the court considers include:

• The duration of the marriage
• Any marital misconduct on the part of either spouse
• The age and physical and mental health of each spouse
• The current income and potential earning capacity of each spouse
• The standard of living enjoyed by the lower-earning spouse during the marriage
• The contributions of each spouse. The court will take into consideration any contributions made by one spouse to support the other’s education or career.
• Determining a reasonable amount of time that it will take for the dependent spouse to complete sufficient training or education to find suitable employment

Post-Separation Support

Post-separation support (PSS) differs from alimony or spousal support as it is paid before a divorce can be finalized. The court will use many of the same factors when determining whether PSS, but it emphasizes the lower-earning spouse’s immediate needs during the separation period. Due to the financial implications that can result from a separation, it is wise to consult family law attorneys regarding your possible legal alternatives. 

How Is Marital Property Divided in North Carolina?

If you and your spouse cannot reach a mutual agreement on how to divide your marital assets and debts, the court will do it for you using the principle of “equitable distribution.” The term equitable distribution is misleading because it implies that property will be divided equally. However, under the law, property is divided based on what the court feels is fair, not necessarily a 50/50 split.

The best approach is for a married couple to agree on how to divide property through a separation agreement. When that is not possible, the case will proceed to court, where the judge will evaluate several factors. Under the law, three distinct categories of property determine how assets should be distributed.

Marital Property

Marital assets include all debts and property acquired by either or both spouses during their marriage, up to the date of separation. Under the law, all marital assets are subject to property division.

Separate Property

Separate property includes assets owned by either spouse before their marriage. Any gift or inheritance obtained by either spouse from a third party during marriage may also be considered separate property. North Carolina law does not mandate that separate property be subject to the division process.

Divisible Property

Divisible property includes any increases or decreases in the marital estate’s value, such as investment gains within a retirement plan or bonuses earned before the separation but paid afterward. Divisible property is also subject to the state’s equitable distribution laws.

Why Should I Hire Attorneys to Help Me With Child Custody Issues?

One of the primary sources of contention in family law cases is determining child custody. When you hire family law attorneys, they will represent your interests to ensure that you and your child receive a fair outcome.

Your attorney will professionally assess your case and advise you of your rights. A child custody determination can have long-term implications, so it is best to understand the legal process and the options available. Having attorneys is vital, as they will represent you in all court proceedings and negotiate with opposing counsel to reach a parenting plan that is beneficial to you and your spouse.

It is worth emphasizing that if a case goes to court, the judge should rule in what they feel is the child’s best interests. Your legal representative can help identify potential issues and develop a strategy to make sure what you believe to be in your child’s best interests is presented clearly and effectively.

Your attorney will also provide advice if your issues need to be resolved through mediation. Having attorneys will also prove invaluable should your case need to be heard by a judge. Meridian Law Office recognizes that it can be emotionally overwhelming to worry about child custody issues. Our legal team is dedicated to helping clients manage their child custody matters so they can concentrate on rebuilding a new future.

Will My Family Law Issue Have to Go to Court to Be Resolved?

One of the most common concerns for many individuals dealing with family law issues is the worry that they may have to go to family court to resolve their legal matters. Although the thought can be intimidating, in reality, most family law issues are settled out of court through negotiation and mediation.

One of the most significant advantages of having lawyers is their knowledge of family law issues and the steps needed to achieve favorable outcomes for clients. Having lawyers on your side helps to level the playing field so that if you should have to go to court, you can feel assured that you will have strong legal representation.

Family law attorneys are skilled at helping clients navigate the legal intricacies that often complicate divorce, including custody arrangements and complex asset division. If you have a family law issue that you cannot resolve independently with your spouse, attorneys can offer unbiased legal advice with the intention of avoiding family court.

If your issues cannot be resolved through negotiations, then your case will have to go to court. Attorneys can prepare a compelling case to present to the court that substantiates your claim.

Contact Our Charlotte Family Lawyers Today to Learn More About How We Can Assist You With Your Legal Needs

Regardless of whether you are seeking support or need help with a divorce, you should have skilled legal representation that can assist you with your legal needs. Family law issues can have long-term consequences for all parties involved. Meridian Law Office is committed to helping clients by finding tailored solutions for their issues.

Our experienced family lawyers have helped many families with their legal needs and would be honored to assist you during your time of need. Contact our Charlotte law firm today at (980) 409-2003 to schedule a consultation and have your case thoroughly assessed.