Child Support, Divorce, Prenups, Custody, Cohabitation and More in Charlotte, NC
Divorce and family law proceedings can be one of the most traumatic and stressful situations most people face. With the emotional strains involved in the process, it can be difficult to make rational and objective decisions regarding your proceedings. Therefore, it is essential to have an experienced attorney who will shoulder your legal burden to give you the room you need to address your family’s emotional needs.
Our family law attorneys understand that “one size does not fit all” in Family Law matters. There are times that require compromise and cooperation, and there are times that require accountability and aggressive advocacy. To be capable of providing only one approach to the exclusion of the other unnecessarily limits potential opportunities to secure an appropriate conclusion. We provide both.
The difficulty of these issues is often more complicated by not having all of the answers about this process. Part of Emblem Legals expertise enables us to assist you looking out not only for your interests, but the interests of those most important to you.
Call us today in Charlotte, NC at (704) 248-7683 and let us help you with all of these areas: Divorce, Separation Agreements, Equitable Distribution, Visitation, Child Support, Spousal Support, or Annulments.
Areas of Family Law
Family law encompasses many different types of cases. Depending on your specific situation, you may wish to pursue one or more of the actions included under the “Family Law” umbrella. You can read more about any specific areas you wish to pursue through the information below.
In North Carolina, there are only two grounds for an action for Absolute Divorce: separation for one year, and incurable insanity. The great majority of actions for absolute divorce are based on separation for one year. An action for divorce may include several other issues, and it is important to speak to an attorney in order to make sure that you pursue all possible claims in a timely manner. To learn more about Divorce in North Carolina, click here.
Child custody is a claim in which the parties are asking the Court to determine the physical and legal custody of a child. This claim may arise as a part of a divorce, or between parents who have never been married. To read more about Child Custody in North Carolina, click here.
Child Support is a claim in which one parent is seeking financial support for the minor child(ren) from the other parent. There are many factors that are used to determine the appropriate amount of child support in each individual case; and in North Carolina, most child support cases are determined using the North Carolina Child Support Guidelines. To learn more about the factors used to make child support determinations, click here.
Alimony is a claim in which one spouse is seeking financial support from the other spouse after the parties have separated from each other with the intent to end the marriage. In order for alimony to be awarded, the party seeking alimony must be actually and substantially dependent on the other party to maintain the standard of living enjoyed during the marriage. The supporting party (the party being asked to pay alimony) must also have the ability to pay support to the other spouse. Alimony is usually accompanied by a claim of Post Separation Support, which is a temporary award of spousal support, designed to provide the dependent spouse with enough financial support to get by, pending a trial on the alimony claim. To learn more about Alimony in North Carolina, click here.
A claim for Equitable Distribution is brought when parties are divorcing and there are marital assets and debts that the parties need the Court to distribute between them. In North Carolina, a judge must classify all property as marital, divisible, or separate property, and an equal distribution of assets and debts is presumed to be equitable. There are several statutory factors the Court must consider when making an equitable distribution, and either (or both) parties may request an unequal distribution. In some cases, a party may need certain items of property distributed before the trial on Equitable Distribution, which can be done through a motion for an Interim Distribution. To learn more about Equitable Distribution in North Carolina, click here.
Divorce from Bed and Board:
A claim for Absolute Divorce in North Carolina requires a period of separation. However, in some cases, there are grounds for the rights and responsibilities that come with marriage to be dissolved before the Absolute Divorce is granted. Divorce from Bed and Board is a fault-based action, which requires one party to allege that the other party is at fault for the dissolution of the marriage. To learn more about Equitable Distribution in North Carolina, click here.
Domestic Violence Protective Orders:
A person can seek a domestic violence protective order when there has been an act of violence, threats of violence, or harassment committed against them by someone with whom they live or have had a romantic relationship.
In some cases, parties wish to resolve the issue accompanying their divorce amicably. One way to do this is through the execution of a valid separation agreement. However, separation agreements are not appropriate in all situations, and there are many requirements for a valid separation agreement.
Prior to marriage, couples can execute a Prenuptial Agreement in order to resolve issues that are likely to arise in the event of a separation and divorce. Prenuptial Agreements have certain requirements that must be met in order to ensure their enforceability.
Enforcement of Orders-Contempt:
Once a court order is entered, it is enforceable by the contempt powers of the Court. There are two different types of contempt: criminal contempt and civil contempt. If one of the parties violates a court order, the other party may file for contempt. Whether criminal or civil contempt is appropriate depends on the type of order, and the nature of the violation. Likewise, the repercussions of a contempt depend on whether the violating party is found in criminal or civil contempt.
Enforcement of Separation Agreements:
When parties execute a separation agreement, the agreement is a private contract between the parties (as long as it is not incorporated into the divorce judgment- read more about his here). As such, a court cannot enforce the agreement through a contempt action. However, the agreement can be enforced through a “breach of contract” action, or an action for “specific performance.”