Is there really such a thing as a “simple divorce?”
No one enters into a marriage expecting it to end in divorce, but unfortunately, that is sometimes the case.
If you are considering separation or divorce, it is important to understand that this is not a decision to be taken lightly.
There are many things to consider, and hiring a qualified divorce attorney is one of the most important decisions you will make.
In this blog post, we will discuss some of the reasons why it is so important to have an experienced attorney on your side during this difficult time.
Can you serve as your own attorney? Do you really need divorce lawyer?
We think the answer is almost always yes; it’s a very good idea to hire an attorney.
Here are four reasons why hiring a divorce lawyer is so important.
Reason One: Asset Division
In many divorces, the biggest asset is the family home. Other assets may include retirement savings, investments, and vehicles. An experienced divorce attorney can help make sure that these assets are divided fairly (consistent with the NC divorce laws) between the two spouses.
Reason Two: Child Custody and Support
If there are children involved in the divorce, custody and support can be major issues. A good divorce lawyer can help make sure that the child custody arrangement is in the best interests of the child and that child support payments are fair.
Reason Three: Alimony/Spousal Support
In some divorces, one spouse may be ordered to pay alimony (also called spousal support) to the other. The amount and duration of alimony can be difficult to determine, but an experienced divorce lawyer will explain your legal rights and legal obligations, as the case may be.
Reason Four: Protection from an Abusive Spouse
Unfortunately, in some cases, one spouse may be abusive towards the other. If this is the case, we think it’s imperative to have a divorce lawyer on your side who has substantial experience handling DV Domestic Violence cases in both criminal court and DVPO / Chapter 50B civil court in Charlotte.
Hiring a divorce attorney is important because they can help make sure you get what you’re entitled to under the law. If you are considering a divorce, we encourage you to contact an experienced Charlotte divorce lawyer today.
The team at Powers Law Firm PA is here to help guide you through this difficult time. Contact us online or give us a call at (704)-342-4357 to schedule your initial consultation with our firm.
Our attorneys understand the unique challenges that come with a divorce, and we are here to help ensure that your rights are protected every step of the way. Let us put our experience to work for you. Call today!
What is ordinarily involved with a divorce?
There are many things to think about when going through a divorce: children, support, property division, and more. That can add up to a lot of emotional distress. Your divorce attorney will be able to help you with all of these things and more.
One of the most important things to consider when getting divorced is what will happen with your children. If you have minor children, you will likely need to come up with a parenting plan that outlines how your kids will spend time with each parent and what the financial arrangements will be.
Your attorney can help you create a parenting plan that is in the best interests of your children.
Another important thing to consider when getting divorced is how your assets will be divided. You and your spouse likely have many assets, including your home, savings accounts, retirement accounts, and more. You will need to come to an agreement on who gets what.
Your attorney can help you negotiate a fair property division agreement with your spouse.
If you are getting divorced, you likely have many questions about the process. We think the best way to get answers to your questions is to consult with an experienced divorce attorney. Schedule a consultation with an attorney at Powers Law Firm today to learn more about how we can help you through your divorce.
The Charlotte Divorce Law Firm, Powers Law Firm PA, is here to help guide you through this difficult time. Contact us now to schedule a consultation.
What is Legal Separation in North Carolina?
Big picture, legal separation refers to when the couple remains legally married but lives apart. In some states, the couple must live apart for a short period of time before they can file for a divorce.
In North Carolina, the parties must be separated for one year before a Family Court Judge can grant a divorce.
If you are considering filing for a legal separation, it is important to consult with an experienced family law attorney who can explain the NC Family laws and help you navigate the process.
What Are the Grounds for Divorce?
The grounds, or reasons, for divorce vary by state.
Some states grounds for divorce due to irreconcilable differences or incompatibility.
In North Carolina, there are different grounds for divorce, which are listed in Article 1 of NCGS Chapter 50 – Divorce and Alimony.
They include things like:
- Incurable Insanity – Grounds for Absolute Divorce – N.C.G.S. § 50-5.1
- Living Separate and Apart for one year (either Plaintiff or Defendant have resided in NC for a period of six (6) months – N.C.G.S. § 50-6
- Divorce from Bed and Board – N.C.G.S. § 50-7
What Happens if We Cannot Agree on the Terms of Our Divorce?
If you and your spouse cannot agree on the terms of your divorce, then you may have to go to court and let a judge decide. This is called litigation.
It’s important to understand, prior to taking some divorce proceedings to trial in North Carolina, there are instances when mediation is mandatory. For example, parents (and other legally interested parties) making a claim for custody of a child or children must attend mediation unless the Judge “waives” mediation.
A waiver is not automatic and therefore should not be assumed as 100% guaranteed to happen.
It requires the filing of a special kind of Motion known by divorce lawyers as a Motion and Order to Waive Custody Mediation.
Another example of when mediation takes place is if the spouses cannot agree upon property division. Mediation is required for Equitable Distribution.
The majority of divorces are settled out of court through mediation or negotiation or collaborative divorce, but some cases do end up going to trial. If your case does go to trial, it will be important to have an experienced courtroom lawyer with practical trial skills by your side to help you navigate the process.
If you are considering filing for a divorce in North Carolina, or if you have already been served with divorce papers, divorce attorneys can explain the NC Family laws and help you navigate the process.
The attorneys at Powers Law Firm PA help clients with divorce and family law cases, including property division, alimony, child custody and support, post-separation support, and more. Contact us today to schedule a consultation to discuss your case.
Can the parties waive the period of legal separation in North Carolina?
No, the parties can NOT waive the one-year period of separation in North Carolina even if they agree to do so in writing.
What are some common mistakes people make during their divorce?
One of the most common mistakes people make during their divorce is not being prepared. This can mean not having all the necessary paperwork in order or not knowing what to expect from the divorce process.
Another common mistake is trying to do too much on their own and not seeking help from a divorce lawyer. The divorce process is complex. It can be confusing, especially if you don’t have much experience dealing with the legal system. We think it’s imperative to have someone on your side who understands the law and who is looking out for your best interests.
Finally, people often make the mistake of assuming that they will get everything they want in the divorce settlement. This is rarely the case, and it’s important to be realistic about what you can expect to receive.
Another common mistake people make during their divorce is failing to disclose all of their assets. It is important to be honest about all of your assets and debts during the divorce process.
If you are considering filing for a divorce, or if you have already been served with divorce papers, contact a reputable divorce lawyer. The experienced divorce attorneys at Powers Law Firm PA provide legal guidance and can explain the court proceedings.Learn More
Alienation of Affection in NC
Messing with a marital relationship is a big deal. In fact, it can have substantial consequences.
While it may seem to some an outdated law, one would be wise to understand this: Alienation of Affection is alive and well in North Carolina.
For that matter, so is Criminal Conversation.
People sometimes ignore claims of Alienation of Affection, and Criminal Conversation; in fact, on more than one occasion we’ve seen responses that dare, if not invite, litigation. We think that’s a tremendous mistake. However you may feel about the AACC laws in North Carolina, people do sue for interfering with marriages – Bill Powers, Charlotte Family Law Attorney
If you are somehow involved in an AACC claim, (Alienation of Affection / Criminal Conversation) we hope this blog post helps provide some of the basics behind the law.
Thereafter, if you have questions about bringing a possible claim (or defending a lawsuit alleging interfering with a marriage), the attorneys at the Powers Law Firm are available for consultation.
What is Alienation of Affection in North Carolina?
Under what lawyers may call the Common Law, it has traditionally been possible for someone to sue their spouse’s lover if they can prove that the affair led to the breakdown of the marriage.
That is, someone interfered with the marriage, thus resulting in Alienation of Affection. People tend to have a lot of questions about AACC claims in North Carolina, such as:
- Is this law still relevant in today’s society?
- Or is it a thing of the past?
- Can you sue someone in North Carolina for Alienation of Affections?
- How much are “damages?”
- What is the difference between Alienation of Affection and Criminal Conversation?
The NC Alienation of Affection Law
Chapter 52 of the North Carolina General Statutes sets forth the law on Alienation of Affections and Criminal Conversation.
In order to prove a case for alienation of affections, the plaintiff must show that:
There was a valid marriage between the plaintiff and the spouse;
Genuine affection or love existed between them;
That affection or love was alienated or destroyed; AND
The wrongful and malicious acts of the defendant caused the alienation of affection or love.
Actions that may be considered “wrongful” include adultery, criminal conversation, and/or any other deliberate interference with the marital relationship.
If you’ve received a letter from a lawyer, threatening litigation for interfering with a marraige, don’t fire off an angry response or speak about what happened. Lawyer up – Bill Powers, Family Law Attorney in Charlotte
It is important to understand, while more commonly related to romantic relationships and/or sexual encounters with a cheating spouse, people other than “lovers” can be held liable for Alienation of Affection.
For example, in North Carolina, an interfering “in-law” can be technically subject to civil claims under the NC affection law.
What are the possible damages for an Alienation of Affections claim in NC?
In North Carolina, the general rule is that AACC plaintiffs can recover both economic and non-economic damages for interfering with a loving marriage.
Economic damages are those which compensate a plaintiff for monetary losses related to the interference with the marriage. These may include:
- Loss of earnings or earning capacity
- Medical expenses
- Counseling/therapy expenses
- Other financial harms suffered as a result of the alienation
Noneconomic damages are those which cannot be calculated in terms of dollars and cents. Instead, they seek to compensate a plaintiff for more intangible injuries, such as:
- Mental anguish
- Anxiety – Emotional Distress
- Loss of companionship
- Loss of love and affection
- Interference with an exclusive, marital sexual relationship
In some cases, there also can be an award punitive damages.
Punitive damages are designed to punish a defendant for particularly egregious conduct and to serve as a deterrent for others who might be tempted to engage in similar behavior to the defendant’s conduct.
What is the difference between Alienation of Affections and Criminal Conversation?
Criminal conversation is very similar to alienation of affections.
The main difference is that criminal conversation focuses on sexual intercourse between the spouse and the third party, while an affection lawsuit can encompass any wrongful or malicious interference with the marriage, whether sexual or not.
Both claims for wrongful conduct were created at a time when North Carolina (and most other states) did not allow divorce for any reason other than adultery by a cheating spouse.
As a result, an affection claim was a legal recourse available to spouses who had been wronged by a cheating spouse and his or her lover.
With the advent of no-fault divorce, a criminal conversation/affection claim has become much less common. Only a few states still recognize what lawyers may refer to as “heart balm” affection cases.
However, Alienation of Affection lawsuits remain viable in North Carolina and can be brought in certain circumstances.
If you think you may have a claim for alienation of affections or criminal conversation, you should contact an experienced family law attorney to discuss your case.
Do all Divorce Lawyers handle Alienation of Affection cases?
While such a claim for Alienation of affection remains valid under the NC law, few family law/divorce lawyers in North Carolina are willing to serve as legal counsel in a civil lawsuit.
There are various reasons for that.
Some divorce lawyers personally disagree with the cause of action. Other attorneys do not have jury trial experience.
Alienation of affection lawsuits are often filed in Superior Court in North Carolina. Divorces are handled in District Court in NC, by a District Court “family court” judge.
The cause of action in an affection lawsuit is in some ways fundamentally different than issues involving Equitable Distribution, child custody, and support – Bill Powers, Charlotte Divorce Lawyer
Our law firm helps people with Alienation of Affections cases, both in bringing causes of action and defending them.
We do not limit ourselves to territorial restrictions, meaning that while a Charlotte-based family law firm, we will travel in appropriate circumstances to help people.
In fact, given the somewhat sensitive nature of such causes of action, some clients prefer working with an attorney or law firm from another judicial district or jurisdiction.
Our law license says ‘North Carolina’ on it and isn’t limited to Mecklenburg County. In fact, when it comes to AACC claims, historically we’ve served more people from surrounding counties in smaller towns. When we think we can help people, we will travel – Bill Powers, Alienation of Affections Lawyer
Are sexual relations required?
An Alienation of Affection lawsuit does not require proof of sexual intercourse or sexual conduct. Similarly, a divorce is not required.
The plaintiff need only prove their spouse’s affections were materially affected due to the adulterous spouse’s lover and his or her actions.
Affection lawsuits may use proof of such behavior to prove why or how a spouse’s affections were materially harmed.Learn More
VICTIMS of Domestic Violence – 50B Domestic Violence Protection Orders in Monroe: What You Need to Know
Domestic violence is a pervasive problem that rarely receives the attention it deserves. Union County, North Carolina, is no exception to this unfortunate reality. As legal counsel for people facing complex family issues, we can help file for Domestic Violence Protection Orders in Monroe.
We can also appear with you at the Court hearing in Monroe District Court.
A recent study by the U.S. Department of Justice found that one in four women are victims of domestic violence at some point during their lives, with Native American/Alaskan Native women having the highest rates of domestic violence at 46.5% followed by African-American women at 35%.
Domestic violence is a crime that affects victims, no matter their race or socioeconomic status. People from all kinds of backgrounds seek protection orders.
The effects of domestic violence on minor children are well known and quite serious.
Obtaining a protection order against an abuser may begin first by filing ex parte Complaint and Motion with the Clerk’s Office.
Ex Parte Domestic Violence Protection Orders in Monroe
Family law attorneys, law enforcement officers, and court personnel may refer to a temporary protection order as a “10-day Order” as a ” Ex Parte 50B.”
DVPO’s are available in District Court in North Carolina to assist victims of domestic violence as a means of obtaining immediate help and protection from the person who has been terrorizing them.
They also can serve as a way for law enforcement to respond to complaints of DV, especially in instances of enforcing violations of a no contact Order.
Once an ex parte Protection Order is granted, which is a type of temporary restraining order, “Service of Process” begins.
That’s where the representatives from the court system “serve” the abuser with official notice of the civil lawsuit.
That’s also when they are officially advised of the protection order process and court hearing date.
What happens if someone violates a DVPO?
Once served, violation of even a temporary restraining order, specifically the “ten day ex parte protection order” is a serious criminal offense.
A 50B Order in civil court is separate and distinct from criminal court. A temporary order may affect the immediate custody of minor children.
A Motion for a protection order may be accompanied by related criminal charges.
In Monroe, North Carolina, the court hearing for the DVPO is on a different day than when any charges like Assault on a Female, Communicating Threats, Stalking, and Harassing Phone Calls will be handled on a court date in criminal court.
Depending on the type of criminal charges, that may take place in District Court or Superior Court.
Who can file a restraining order in North Carolina?
North Carolina General Statute 50B-1 lays out the requirements to obtain a domestic violence protective order. It includes things like:
- The person seeking the DVPO must be in fear of “immediate serious bodily injury.” That fear can be based on either past actions, violent or threatening acts, or current threats.
- Protection Orders require one of several different kinds of relationships with the abuser. This includes current or former spouses, people who have children together, live-in partners, people involved in dating relationships, or anyone else currently residing together.
- The abuser must have committed an act of domestic violence against the petitioner within the past year. Domestic violence is defined as “any assault or physical injury resulting from sexual battery, any threat of imminent physical violence, or any physical violence committed against that person by a relative, household member, or current or former sexual or intimate partner.”
It is important to remember that domestic violence can be charged as a misdemeanor crime under NC General Statute 14-32.2(a), even if the DVPO is filed at the magistrate level at the country courthouse.
This means that even if you are successful in obtaining an order for protection, the abuser may still be prosecuted criminally. Entry of a Domestic Violence Protection Orders in Monroe does not affect the criminal case. The dismissal of protection orders does not result in an automatic dismissal of criminal charges pending at the Union County courthouse.
What is the process for getting a Domestic Violence 50B restraining order in Monroe NC?
The process for obtaining a Domestic Violence 50B protective order is relatively straightforward.
Fill out paperwork:
The petitioner should ask the court clerk at the Union County Courthouse in Monroe to provide them with a Complaint and Motion for Domestic Violence Protective Order (Form AOC-CV-303).
Although it may seem daunting, the petitioner need only complete Complaint and Motion, which may include a short statement describing why they seek protection from intimate partner violence.
Only the court may extend a 10-day temporary restraining order to a one year order.
Issues regarding permanent child custody, child support, and long term visitation of minor children are often resolved through a civil filing under Chapter 50 of the general statutes.
Attend Court – Hearing for Protective Order:
If the Complaint and Motion for Protection Order is uncontested by the abuser, then a hearing may be avoided altogether.
The temporary order may be extended, when legally and factually appropriate, unless the complaining party not longer feels they need protection or requests the protection Order not be extended for an additional period of time.
If there is a contested DVPO, both the petitioner and defendant appear before a judge. At this hearing, each party can make their case for why the protective order should be ordered or denied.
** NOTE: A Motion and Complaint for Domestic Violence Protective Order (DVPO) does not always result in an Order of Protection or Protective Order. The matter may be set for further hearing by a District Court Judge hear the matter and make Findings of Fact and the issuance of a protective order as appropriate.
Domestic Violence Protective Orders are an important way to stop acts of DV and obtaining immediate protection from the person who has been inflicting pain and fear.
For more information regarding Domestic Violence Protective Orders or any other family law issues such as child support or the protection order process, contact our knowledgeable Monroe family law attorneys for an initial consultation.
We represent clients in Union County, including all of the following cities: Monroe, Waxhaw, Indian Trail, Wingate, and Weddington, North Carolina. We also serve clients throughout the surrounding counties of Mecklenburg County (Charlotte) and Iredell County (Mooresville, Statesville) in both District and Superior Court.
What protections are available under a domestic violence protection order?
A domestic violence protection order (DVPO) is a court order, which means it must be obeyed and enforced by law enforcement. If an abuser violates the DVPO, he can be arrested for a crime and subsequently prosecuted.
In addition to having criminal sanctions for any violations of a DVPO, abusers may also face consequences at the civil level.
Since domestic violence is a form of intentional tort, an abuser may be sued for monetary damages in a civil court case by his victim.
A DVPO can be granted against someone who is an “intimate partner” or has lived with or has had a dating relationship with the petitioner.
If the abusive relationship involves a family member, like a spouse or ex-spouse, child, stepchild, parent, stepparent, grandparent, sibling or stepsibling of the petitioner; then they may be subject to DVPO protection.
What is covered by a domestic violence protective order?
Domestic Violence Protection Orders in Monroe usually cover and protect the victim and may include protection of minor children, as may be necessary and appropriate for their Best Interests. If a DVPO is granted on behalf of a minor child or children, then it will specifically say so in writing.
The DVPO is written to help keep you (and your kids) safe from future harm by the abuser. Some of the more common protections that are included in a DVPO may include:
- Prohibiting abuse, including physical, verbal, sexual assault, and emotional abuse
- Enjoining the abuser from contacting you at home or work or anywhere else you might be
- Granting exclusive use and possession of your home to you and excluding the abuser
- Allowing you to have temporary custody of any minor children
- Allowing you to have temporary use of a vehicle if necessary, including keeping the car(s) in your
If you are concerned that your ex will use firearms against you, then you should specifically request that the judge include the prohibition of firearms in your DVPO.
How do you prepare for a domestic violence case?
Your attorney will need to know as much as possible about the violence that you have suffered through. This includes:
- Dates and times of all incidents
- Locations of those incidents
- Ages and names of children involved in the incidents
- Photographs, real evidence (like hospital records) and other documentation related to injuries sustained
- Any prior Court Orders or Permanent Child Custody ORder from other jurisdictions relating to custody or a similar ex parte order
If you have been physically abused, then your attorney will also need to know about any broken bones, black eyes, or other types of injuries. In some cases, they may even need to contact a doctor in order to get a record of the abuse.
What evidence do I need?
The more documentation and evidence of abuse that you can provide, the better your case will likely be. This includes, but is not limited to things like:
- Photos of injuries you have sustained or damage to personal property
- Hospital records related to injuries or hospitalization
- Witness Testimony —from people who can give direct evidence that they witnessed or overheard an incident of violence, threatened abuse, or saw resulting injuries of domestic abuse
- Police Reports prepared by a law enforcement officer
If you or a loved one needs help with abuse and/or protective orders, or would like to petition for a protective order, click here to schedule a confidential consultation.
The family law attorneys at Powers Law Firm, P.A. represent clients in Union County, North Carolina, who need help obtaining child custody and child visitation, want to establish or modify child support, or need help with a domestic violence order.
What are the consequences of Domestic Violence to children?
Children witnessing domestic violence need help and support in coping with the violence they have seen and heard.
It is important to encourage your child to talk about their feelings, fears, concerns over threatened abuse, and expectations of both themselves and the abuser.
By encouraging them to express their feelings about domestic abuse you can be sure that they are getting the emotional support they need during
What are the consequences of Domestic Violence to an adult victim?
When you are the victim of domestic violence it can be physically, emotionally, socially, and financially damaging.
Financial abuse can cause many problems for your future because you will not have money to support yourself or your family.
Sexual abuse is a serious crime in North Carolina; allegations of a sex crime, sexual violence, and sexual abuse will be actively investigated by law enforcement.
What is Stalking?
Stalking is the crime of following someone around to monitor their behaviors or activities.
It can be done by repeatedly calling, texting, messaging on social media sites, showing up at your work or home, vandalizing your property and other similar actions.
The purpose of stalking is typically not for physical harm but instead to make someone feel intimidated or afraid.
If you believe you or a family member is a victim of stalking or sexual assault, contact law enforcement and file a police report.
Advise them where the abuse occurred and where the alleged abuser may be located.
Signs of stalking may include things like:
- Repeatedly calls or sends text messages.
- Sends gifts, letters, and other items to your home, school, or work without a specific request from you for them.
- Monitors your time spent on the computer, cell phone, social media sites, and other areas where you have an online presence.
- Shows up at places you are without a legitimate reason for being there. This could be your home, work during the business day, or the children’s school.
- Makes threats of harm against you, your family, pets, or property or family home
- Attempts to have an innocent person harmed if they are in a romantic or social relationship with you.
- The alleged abuser attempts to have you harmed if they are in romantic or social relationships with you.
- Conducts research on you and your home, school, work, and other areas where you spend time. This can include information from public records as well as the internet.
- Pretends to be someone else to form a relationship with you.
What are some signs that I may be a victim of Domestic Violence?
You could be the victim of domestic violence:
- If you are intimidated by your partner by him/her following you, making threats of harm.
- If your partner has a history of impulsive, violent behavior or domestic abuse towards you or a family member.
- If your partner shows jealousy of you spending time with friends and family members.
- If your partner keeps track of everywhere you go and tries to make situations where he/she can be alone with you.
- If your partner intimidates you by using physical size.
- If your partner is in violation of a civil protection order, temporary order, or any condition of release or bond or protection order set by a District or Superior Court judge.
- If your partner makes decisions for you that affect both of you or the family. For example, withholding money to buy groceries because he/she is angry with you about something unrelated.
What happens if I don’t press charges?
If the abuse is happening now and you choose not to press charges, it’s still a good idea to talk with a local domestic violence advocate or shelter representative who can help you stay safe.
They may be able to assist in putting together a safety plan for you and your children.
An attorney can explain the benefits of a long-term protection order to you and the process of seeking a temporary order at the Union County Courthouse.
Will the Judge be mad at me?
No. Judges are aware that many victims stay in abusive relationships and go back to their abusers, even after significant instances of dating violence or violence in the family home. Domestic Violence Protection Orders in Monroe are given close, careful consideration legal professionals.
Do I need an attorney?
It is not required, but it can be helpful to hire an attorney if you are seeking a temporary order or one year protective order against your abuser.
Family law attorneys can explain temporary support, temporary orders, custody issues, and visitation with your current or former spouse or co-parent.
While a trusted friend or family member may be a great resource for emotional support, only a licensed attorney can give legal advice and represent you in court in North Carolina.
Are Harassing Phone Calls a Type of Domestic Violence?
Yes, harassing phone calls can be a part of domestic violence and can lead to stalking charges.
If someone is calling at work or home, leaving messages on your answering machine, or if they’re calling you during odd hours of the night/morning it may be considered harassment.
You may be entitled to a temporary order or other protective order under Chapter 50, Chapter 50B, or Chapter 50C depending on the nature and circumstances of your individual case.
I feel like I’m in danger, what do I do?
If you are afraid for your life or feel like you are in immediate danger, call 9-1-1.
When the police arrive, tell them what’s going on and show them any evidence you have of the abuse. Also, let them know if there is a weapon in your home (or current address) that belongs to your abuser.
If there is a protection order or temporary order in place, advise law enforcement. If you have a copy of the protection order, give them a copy to review.
What are some common myths about Domestic Violence?
Myth: There’s no help available for someone who is being abused.
Reality: There are different kinds of help and support available for victims and their children.
Some people do not realize it but there are lawyers, police officers, judges, and court personnel who understand the dynamics of domestic violence and how to deal with them.
And that’s not to mention the many good support organizations throughout North Carolina.
You are not alone, help is available. That’s one reason our telephone number is: 704-342-HELP
Myth: Men who are being abused by their wives/girlfriends or who want a protection order are weak.
Reality: No one should be abused no matter their sex or background. There are thousands of men in this country who have experienced abuse in their relationships and many of them are intimidated into staying quiet.
No one should be abused no matter their sex or background. No one should be subject to a sexual assault, dating violence, or live perpetually in fear.
Myth: Domestic Violence only happens in lower-income homes/rural areas.
Reality: Anyone can be a victim of domestic violence regardless of education, race, religion, age, sexual orientation, etc., and may benefit from the proper issuance of a protection order.
Myth: Domestic violence only happens outside of the home.
Reality: A large number of domestic violence cases take place in homes while children are present. This is how they learn to act, love, and solve their problems.
Do I need a lawyer for a Domestic Violence case?
A lawyer is not required; but, if you are trying to get temporary orders or a one year protective order against your abuser, it may be helpful to hire an attorney.
Family law attorneys can explain temporary support, custody issues, and visitation with your current or former spouse or co-parent.
When is the best time to hire a divorce lawyer?
If either you or a household member is subject to abuse, we think the best time to hire a family law attorney is as early as possible in the divorce process.
That’s true even if you and your spouse can agree the terms of your divorce.
However, if one or both parties cannot agree on some issues or there are contested issues of the divorce, then hiring an attorney may be helpful to you.
We also think it’s a good idea for the parties to resolve parenting plan and child support issues, without litigation, whenever possible; but, when the parties cannot agree on these items it makes sense to contact a family law attorney in Charlotte or Monroe, North Carolina.
If you need help with your legal issue please reach out to us today at 704-342-HELP.
Please note: This information is not intended as legal advice and should not be relied on as such.
For more information on our family law services, visit our website: Charlotte-Divorce-Lawyer.com
How do divorce lawyers help?
If you and your spouse agree on all terms of the divorce, then a family law attorney can assist you preparing a Separation Agreement that might include resolving issues involving:
- Post Separation Support
- Equitable Distribution
- Child Custody
- Child Support
Divorce lawyers explain how court works, what to expect when going through a divorce, and how much it costs to hire an attorney. Divorce lawyers can also help file Domestic Violence Protection Orders in Monroe and guide you through the process.
If you need help with your legal issue please reach out to us today at 704-342-HELP
Prior to discussing the intricacies of your individual case, our firm will perform a “conflict check” to confirm availability of representation.Learn More
What you need to know about equitable distribution in North Carolina
Equitable distribution is a method of distributing assets and debt from marriage. It can be done by agreement without going to court, but this is not always possible given it can be a contentious issue during separation and divorce.
There are a lot of factors that are taken into consideration when determining the equitable distribution of assets and debts between spouses.
If you’re going through a divorce in Charlotte, it’s important to make sure you hire an experienced lawyer who understands this complicated process.
This blog post explains what equitable distribution is and why it helps to hire a Charlotte Divorce Lawyer.
What does equal distribution mean?
Equitable distribution is a legal term that means fair or just. It’s the process where courts in North Carolina distribute property and debt during divorce proceedings.
It is not necessarily equal division of property, but rather an equitable distribution.
The value of Marital property is part of any claim for equitable distribution.
The value of the separate property is not.
Marital property and the fair market value of the marital property can be subject to disputes and therefore litigation. If deemed property acquired by either spouse during the marriage, for the benefit of the marriage, that could be considered marital property unless the Court determines otherwise.
Property acquired prior to marriage is not necessarily automatically deemed separate property.
That’s important because the value of the separate property is not considered as part of a claim for equitable distribution in NC.
The date of separation may become important in considering equitable distribution in NC.
That is particularly true in issues involving something referred to as Divisible Property.
What is Divisible Property?
Divisible property is marital property that underwent any appreciation or diminution in value since the date of separation.
As such, if the fair market value of the property improves after the date of separation, that may be deemed in certain circumstances to be divisible property.
Divisible property can be a contentious subject between the parties – Bill Powers, Charlotte Divorce Lawyer
The date of separation, relative to debt and the acquisition of debt in improvements of assets ordinarily thought of marital property, may also be part of the equation regarding what is divisible property.
The parties in negotiations, and the Court in the event of litigation over marital property issues, will consider the date of marriage in the determination of debts and assets, the date of separation, when the property acquired appreciates or depreciates, and the value of the marital property before and after legal separation as part of any ruling on divisible property.
Marital Settlement Agreements in North Carolina
Marital settlement agreements are one way in which equitable distribution can be accomplished. These types of arrangements often require a lot of work and negotiation between both parties, but they allow for a more flexible approach when it comes to the division of property during divorce proceedings.
When it comes to equitable distribution, the main question is what counts as marital property. North Carolina law defines this as any asset or debt acquired by either spouse during the course of a marriage.
This includes income earned from employment, investments, and business interests.
Value of Separate Property
Separate property is also taken into consideration when determining equitable distribution of assets. Separate property includes any asset or debt that one spouse owned prior to the marriage, as well as gifts and inheritances given solely to one party during the course of a marriage.
When the separate property becomes mixed with marital assets, it can sometimes be difficult to determine how much of the combined property should be considered separate.
Property and debts that were acquired during a marriage must be divided between spouses.
The division of marital property is often one of the most contested aspects of divorce proceedings, especially when there are significant differences in earnings or other factors related to each party’s financial situation.
It’s important to work with an experienced attorney who can help guide you through this difficult process.
Protecting your property
If you’re going through a divorce in Charlotte, it’s essential to make sure that your assets and debts are protected during the equitable distribution process.
A divorce lawyer can help you protect your assets and make sure that the division of property is done fairly.
It’s important to understand equitable distribution before going through a divorce in North Carolina.
Indeed, part of answering the question “Should I Get Divorced” should involve careful consideration of your assets and whether getting divorced makes financial sense for you and your loved ones.
That necessarily includes consideration of what is marital property vs separate property.
Marital property in NC is subject to the NC Equitable Distribution Laws, separate property is not.
There are times when people come to us, ask some questions, and thereafter decide to work on the marriage. And that’s OK. We are here to help provide information, not press for separation and divorce – Bill Powers, Charlotte Divorce Lawyer
So, if you’re interested in learning more about this process, we think it’s a good idea to seek legal counsel from an experienced attorney who understands how these types of cases work.
Hiring a Charlotte Family Law attorney like Bill Powers can help ensure that your property and other rights aren’t jeopardized by family law proceedings.
Factors considered in the division of property
Whether you’re filing for divorce or are trying to defend your rights in family court, it’s important to consider the factors that will be used when dividing property under equitable distribution in North Carolina.
The value of an asset can also be considered when determining how it will be divided under equitable distribution laws.
Another important factor is contributions made to a marriage by either party. This includes the financial contributions made to the marriage by either party.
It’s important that you understand what assets will be divided under equitable distribution laws before filing for divorce.
For example, if you own a business or work in an industry that is expected to grow in the future, it’s important to protect your interests by working with legal professionals who understand how equitable distribution works and can help safeguard your rights during this process.
“Fault” is not a factor
If you’re currently considering filing for divorce, it’s important to consider the issues that will be addressed during equitable distribution proceedings.
Equitable distribution is a legal process that can help ensure a fair division of property between spouses in North Carolina. This includes assets acquired before marriage as well as gifts and inheritances given to either party after the marriage has begun.
The Court does not take into consideration who is at fault or caused the marriage to end if one party files for divorce in North Carolina. NC is a “no fault” state, but it may be relevant to alimony and something called Post Separation Support or “PSS.”
This means that even though adultery can sometimes play a role in determining alimony, the Court will not consider who cheated during equitable distribution proceedings
We firmly believe it is important to protect your interests by working with legal professionals who understand how property division works and can help you safeguard your rights during this process.
“Equitable” does not always mean equal
It’s important to understand that equitable distribution is not the same as equal division.
In fact, equity refers to a standard of fairness and justice within the community. This means that spouses may have an unequal split when it comes to property division under North Carolina law.
Accurate appraisals are critical
An important consideration in North Carolina’s equitable distribution law is the division of assets, which can be a complex process that requires an accurate appraisal.
Divorce lawyers may recommend you hire valuation experts who can help determine whether certain properties are community property or separate property.
This includes homes and other types of real estate as well as businesses or investments owned by either party during the marriage
Why hire Charlotte Divorce Lawyers?
As Charlotte Divorce Lawyers, we believe it’s important to protect your rights during family law proceedings.
The process of equitable distribution can be complex and requires an understanding of how these types of cases work in order to ensure that you receive fair treatment under the law.
Facing divorce can be very scary for spouses who are currently considering legal separation and eventually filing for divorce.
However, with a quality legal team on your side, you can feel more confident knowing that they are working to protect your rights and interests as well as those of your family during this process.
Bill Powers is an experienced Charlotte Divorce Lawyer who has been practicing law in the State of North Carolina since 1992.
He is located in Charlotte, North Carolina, and works with clients throughout the surrounding areas including Indian Trail, Monroe, and Waxhaw in Union County, Mooresville, In Iredell County, and in Charlotte, in Mecklenburg County.
Equitable distribution is the process of dividing marital property between spouses. This can be a complex process that requires an understanding of how these types of cases work in order to ensure that you receive fair treatment under the NC family laws.
If this sounds intimidating and you want help enacting these principles, let us know.
Call the divorce lawyers at Powers Law Firm, P.A. to determine our availability to help. Prior to discussing your legal matter, we will conduct a “Conflict Check.”
Consultation fees apply for family law cases which may include things like separation, divorce, child custody, support, and ED – Equitable Distribution.Learn More