Grey Divorce: Quick Tips

Divorce is rarely easy, but grey divorce – the term for couples over 50 who split up – can be particularly difficult.

The emotional, financial, and logistical challenges may seem daunting at first, but with these tips, you can help make the transition smoother:

1. Take your time

Don’t rush into any decisions. Take the time to reflect on what went wrong and how you want to proceed.

2. Immediately seek legal representation

Divorce laws, procedures, and outcomes can vary greatly from state to state, so it’s important to get advice from an experienced attorney near you who is familiar with the NC divorce laws and local protocols.

Do not assume divorce in North Carolina will be the same as in other states such as South Carolina, Georgia, or Virginia.

An unbiased, realistic assessment from an attorney will help you make informed decisions and protect your interests throughout the divorce process.

The sooner you have legal representation, the better. There are often important steps to take to protect yourself before you say, ‘I want a divorce’ – Bill Powers, Charlotte Divorce Attorney

We can help explain your legal rights, responsibilities, and options.

3. Talk to a therapist

Divorce can be stressful, no matter your age or the length of your marriage.

That’s particularly true if there are allegations of marital infidelity, sexual misconduct, or abuse.

What is Alienation of Affections? 

Don’t be afraid to seek professional counseling if you are struggling with grief, depression, and anger.

A therapist can help you find ways to cope with the stress and transition into a new way of life.

4. Educate yourself on finances

Divorce often brings substantial financial changes, so it’s important to be as informed as possible about your finances.

Before making any big “life decision,” it is imperative to fully under how assets are divided in a divorce – Bill Powers, Divorce Attorney

You should also be aware of the implications of tax laws and insolvency laws, which can affect your estate planning, retirement accounts, and other financial matters.

5. Talk to a financial adviser

Financial advisers can help provide sound advice for managing assets during and after the divorce process.

They can also offer tips for creating a budget and developing an achievable long-term financial plan.

Having a good understanding of your finances will help you make the best decisions during this time of transition.

We often recommend clients work with a financial planner who has no prior relationship or fiduciary relationship with your spouse. Confidentiality is important – Bill Powers, Mecklenburg Divorce Lawyer

6. Get organized

The divorce process is ordinarily quite complex. Having all the necessary documents in one place will help things proceed more smoothly and in a timely fashion.

Gather all of your financial records and documents, such as tax returns, bank accounts, investments, pensions, and insurance policies.

This will provide a clearer picture of your potential post-divorce income and expenses and help your lawyer understand your financial condition.

7. Set boundaries

In any divorce, especially one involving couples over 50, it’s a good to set boundaries with your soon-to-be ex-spouse so that both of you can move on with your lives.

Keeping communication civil is key.

ADR – Alternative Dispute Resolution 

Avoid unnecessary conflicts and acrimony. It’s OK if you don’t agree on everything.

If you find yourself in need of additional support, consider reaching out to friends or family members who can provide a different perspective and help guide you through the process.

8. Consider Collaborative Divorce

Collaborative divorce is a process that allows for both spouses to work together in resolving the issues of their divorce without litigation.

It’s an alternative dispute resolution method that can lead to faster and less costly results than traditional litigation.

By working with a qualified collaborative law attorney, you may be able to settle the issues in your divorce without having to go to court.

Collaborative divorce is an effective way to reduce stress and create a peaceful resolution for all parties, especially those over 50 who are facing unique challenges during their divorce – Bill Powers, Charlotte Collaborative Divorce Lawyer

Bill Powers is a member of the International Academy of Collaborative Professionals and the Charlotte Collaborative Divorce Professionals.

9. Make a plan for living expenses

As soon as you decide to divorce, make sure you have a plan in place for how you will cover living expenses during and after the divorce process.

This may involve budgeting, carefully monitoring cash flow, and/or seeking Post Separation Support (PSS) and Child Support.

10. Embrace the new you

Your divorce may be an opportunity to start fresh and redefine who you are.

You may find that it gives you the freedom to pursue interests and activities that were once put on hold – Bill Powers, Divorce Attorney

Take this time to explore what makes you happy, and find a new sense of purpose and fulfillment.

Considering Divorce?  Here’s Where to Start 

No matter what the future holds, remember that you are in control of your life, and there is no better time to start fresh than now.

By taking the time to plan ahead, you can ease some of the stress that comes along with gray divorces.

With careful consideration and professional advice, you can move forward in life without missing a beat.

Do I need to change my will?  

It’s a good review and update your will after you have gone through a divorce.

Provisions in a pre-divorce will may no longer be valid (or appropriate) once the divorce is finalized.  

For example, if your spouse is named as a beneficiary or executor of your will, it may be necessary to choose someone else for those positions.

Additionally, any bequests that were made to your former spouse very well may need to be updated or removed from your will and codicils to your will.  

It is also important to update any health care directives (Declaration of Natural Death), Power of Attorney, and Medical Power of Attorney documents after a divorce, as such materials commonly contain provisions relating to your spouse that may not be appropriate post-divorce.  

If you have any questions about the specific documents that need to be revised, it is best to consult with an attorney who can review your situation and advise accordingly.  

Why a Divorce Lawyer is so important 

In summary, it is important to review and update any estate planning documents after a divorce.  

This is to ensure that the documents reflect your current wishes. An attorney can provide guidance and assistance on how to update your documents in order to protect your estate and legacy.  

Who gets the house?  

When it comes to who gets the house in a divorce, it depends on the specific facts and circumstances of your marital estate.  

In many, if not most instances, the primary dwelling will be part of the marital estate. The division of real property is often one of the most important aspects of ED (Equitable Distribution) – Bill Powers, Charlotte Divorce Lawyer

Under the North Carolina divorce laws, the Court (the Judge) will divide the marital estate through something called Equitable Distribution.

A District Court Judge in North Carolina settles legal and factual disputes. Juries are not involved.

Classify, Value, and Distribute – CVD

The Court must first classify the property, determining whether it is a jointly held asset and part of the marital estate or separate property.

Separate property is not subject to equitable distribution in North Carolina, and therefore remains the property of the party who owns it.

Once the Court classifies the marital estate, the next step involves determining the value of the property/asset.

Thereafter, the Court (the Judge) will then determine how to distribute the assets through a process called equitable distribution.

What is Equitable Distribution?

Equitable Distribution is a process used by the Court to divide marital assets (the marital estate) during a divorce in North Carolina.

This division of property must be fair, but not necessarily equal.

In determining the division of assets, the Court will consider several factors, such as the length of the marriage, each spouse’s contributions to the marital estate, their incomes, and earning potential.

The Court will also consider if either party intentionally wasted or destroyed marital assets prior to the divorce (marital waste).

“Equitable” doesn’t necessarily mean equal or fifty-fifty; the Court can consider various factors when determining the division of assets and is given broad discretion under N.C.G.S. Chapter 50.

This means that the Court may not necessarily divide the assets 50-50, but rather it will use its discretion to decide what is “equitable” given the unique nature and circumstances of the marriage.

What is considered during Equitable Distribution?

The Equitable Distribution Factors in North Carolina include things like:

(1) the income, property, and liabilities of each party;

(2) Each spouse’s contribution to the acquisition, preservation, or appreciation of property;

(3) Prior support obligations of either spouse;

(4) The needs of custodial and dependent children, if any;

(5) The age and health of each party; and

(6) Any other factor which the court deems relevant.

To be clear, Equitable Distribution only becomes necessary if the parties are unable to come to an agreement and/or are unwilling to sign a Separation Agreement.

ED is a notoriously complicated area of law. Your financial future deserves the attention of an attorney who will carefully review the full measure of the marital estate – Bill Powers, Equitable Distribution Attorney

What happens to retirement accounts? 

Generally, contributions made to a retirement plan while married are often considered marital property and divided during divorce proceedings.

There are important exceptions. Each marital estate, like each client, is unique.

Retirement accounts may include funds from an employer-provided pension plan or 401(k).

It is important to consider any tax implications and withdrawal penalties that may arise from transfers of assets held in retirement accounts.

In some circumstances, retirement accounts owned prior to marriage and not made part of the marital estate, may not be considered marital property and thus would not be part of a divorce settlement / Equitable Distribution.

Each state has its own laws governing how these assets should be divided. It’s best not to assume North Carolina’s divorce laws are the same as other jurisdictions, even neighboring states like South Carolina, Tennessee, and Virginia.

Ultimately, it is important to speak with an attorney regarding the specifics of your case.

Family law attorneys can help provide guidance on how a divorce will impact you and ensure that your legal rights are protected throughout the process.

Financial Considerations in Gray Divorce

In addition to Equitable Distribution, there are other financial considerations that should be made when it comes to a gray divorce, including issues such as:

• Retirement Funds / Retirement Savings
• Social Security Benefits
• Inherited Property
• Vehicles
• Vacation Homes / Investment Property
• Rental Income
• Family Businesses / Closely Held Corporations
• Health Insurance
• Dependant Adult Children
• Education Savings / 529 Plans
• Stocks / Bonds / Certificates of Deposit
• Deferred Income Sources
• Disability Insurance / Life Insurance

Charlotte Divorce Lawyers – Powers Law Firm PA

At Powers Law Firm PA, our family law attorneys understand the emotional and financial complexities of a grey divorce.

We’re dedicated to compassionate, zealous legal advocacy and encourage ADR when appropriate – Bill Powers, Charlotte Divorce Attorney

If you are facing a divorce, the family law attorneys at Powers Law Firm PA may be able help.

We understand the financial and emotional stress that such an event can bring and will work to make sure your rights are protected throughout the process.

**Prior to discussing any family law matter, our firm will conduct a conflict check to confirm the availability of the firm for legal representation. We charge consultation fees, hourly rates, and often require a True General Retainer to retain the law firm for family law cases.

We help clients with legal issues involving:

• Legal Separation
• Divorce
• Alimony
• Separation Agreements
• Child Custody
• Child Support
• Visitation
• Post Separation Support – PSS
• Equitable Distribution
• Domestic Violence Protective Orders – DVPO – 50B
• Alienation of Affection / Criminal Conversation

Learn More

Considering Divorce? Here’s Where to Start

Thinking about separation?  Considering Divorce?  Not sure what to do?

If so, you’re not alone.

According to the latest statistics, more than 50% of marriages in the United States end in divorce.

While the divorce process may seem daunting, it’s important to remember that many couples who divorce eventually find happiness in their new lives.

A lot can depend on how things end with the present marriage.

If you’re considering getting divorced, we think it’s a good idea to start by gathering information and establishing a well-thought-out plan.

In this blog post, we’ll discuss the steps you may want to take before telling your spouse, “I want a Divorce.”

When is the best time to get divorced?

This is a difficult question to answer, as divorce proceedings are often quite unique.

However, there are some steps that you can take to help make sure that you’re making the best decision for yourself and your family:

1. Talk to an Attorney

It’s important to talk to an experienced divorce lawyer about the specifics of your case before making any decisions or filing any paperwork.

2. Educate Yourself

It’s also important to educate yourself about the divorce process and any local rules, protocols, and forms that may apply to your legal matter.

For example, the Mecklenburg County Local Rules of Domestic Court are thirty-six pages long and can be quite confusing if you’re not experienced with navigating our legal system.

4. Gather Documentation – Materials

An incredibly important aspect of divorce involves gathering materials and documentation.

In order to provide sound legal advice, divorce lawyers need information.

We need to understand and review things like temporary living arrangements, any proposed settlement agreement or separation agreement, and determine whether there is a history of domestic violence, substance abuse, or marital unfaithfulness.  Most people don’t realize how truly complex a marital estate can be – Bill Powers, Charlotte Divorce Lawyer

We regularly ask clients to provide materials and documents, including but not limited to:

• Financial Statements – Bank Accounts, Checking and Savings Accounts
• Summaries of Marital Assets
• Credit Card Statements
• Student Loans
• Employee Benefits Handbooks
• Retirement Account Statements
• Life Insurance Policies
• Important Financial Documents
• Marital Property
• Separate Property
• Joint Accounts – Individual Accounts
• Marital Assets – Cars, Jewelry, Homes, Investment Properties
• Living Expenses – Copies of Budgets
• Mortgage Documents – Deeds, Promissory Notes

3. Consider Your Options

You should carefully consider all of the options available to you, such as divorce mediation or collaborative divorce, before making any decisions.

Why Hiring a Divorce Lawyer is So Important 

An experienced divorce attorney can help explain the process and what to expect.

To be clear, separation and divorce fall within the category of a “major life change.”

4. Create a Budget

You should create a budget that takes into account the cost of living, as well as any attorney or court fees associated with filing for divorce.

5. Seek Counseling

If you are struggling to make decisions about whether to stay married or file for divorce, it may be helpful to seek the advice of a counselor or therapist.

Ultimately, it’s important to remember that each situation is unique and that you should carefully consider all of your options before deciding whether or not to divorce.

In addition, it’s imperative to be honest with yourself about why you are considering a divorce and what is truly important to you.

If you are considering a divorce, it’s important to take the time to make sure that you have all of the information and resources necessary to make an informed decision.

This can include talking to an experienced lawyer and seeking counseling if needed.

Family law attorneys encourage clients to consider their options, educate themselves, and create a budget.

That way, you can ensure that you make the best decision for yourself and your family.

Are there things to avoid?

When considering a divorce, there are certain things that you should avoid both in the short-term and long term.

In the short term, it’s important to avoid making any hasty decisions or rash statements while discussing your potential divorce with your spouse.

This can lead to unnecessary conflict and hurt feelings between both parties.

PODCAST: Alimony, Child Support, and Family Law Issues

Additionally, it’s a very good idea to avoid talking negatively or harshly about your spouse with friends and family and especially your children.

This can create an unproductive atmosphere and make it more difficult to reach an amicable agreement between both parties.

In the long term, avoid making any major financial decisions before discussing them with a lawyer who is familiar with the NC Divorce Law.

That may include things such as:

• Marital Debt – Credit Cards, Medical Bills, Student Loans
• Marital Assets – Bank Accounts, Vehicles, Cash on Hand
• Marital Home – Investment Properties, Beach and Mountain Homes
• Child Support
• Life Insurance Policies
• Health Insurance
• Retirement Accounts
• Marital Property / Separate Property

Avoid taking any drastic actions or steps, such as changing your will or the beneficiaries of insurance policies, before consulting with a lawyer.

Finally, it’s important to avoid making any rash decisions about custody arrangements for children without discussing it with both parties and ensuring that everyone is in agreement about what works best for the family.

To be clear, there may be disputes about Child Custody and Support.

The family law attorneys at our office prefer to recognize and anticipate potential areas for disagreement and plan a course of action, as opposed to attempting to correct a misstep after it’s been taken.

By avoiding these things, you can ensure that the divorce process is smoother and more amicable.

What are things people don’t think about before getting divorced but they should?

1. Finances: Most people don’t think about their finances before getting divorced, but it is essential to understand the financial implications of a divorce, such as the division of assets, alimony, and child support payments.

2. Child Custody: It’s important to consider who will have custody of any children involved in the divorce and the appropriate parenting plan.

3. Communication: Going through a divorce can be a highly emotional process, and it’s important to consider how you will communicate with your ex-spouse throughout the process.

Having an effective method of communication can help reduce arguments and misunderstandings.

4. Legal Representation: It’s important to have legal representation throughout the divorce process.

It makes sense to choose an attorney who you trust and who is experienced in your particular legal matters.

5. Mental Health: Going through a divorce can take an emotional toll on both parties involved.

It’s important to consider the mental health of all parties involved and seek counseling or therapy if needed.

6. Effects on Children: Divorce can be especially hard on children, so it’s important to consider how the divorce will affect them emotionally and physically.

Make sure to discuss any changes with your children ahead of time and include them in the decision-making process where appropriate.

How long does it take to get divorced?

The length of time it takes to get divorced can vary greatly, depending on the complexity of the case and the willingness of both parties to reach an agreement. 

The North Carolina Divorce Law requires a minimum period of legal separation of one year.

While many, if not all, the legal issues involving a pending divorce may be settled by way of a Separation Agreement, with limited exceptions and at minimum, a divorce will take one year in North Carolina before the Court (the Judge) may execute a Divorce Decree.

Generally speaking, working out the terms for a divorce can take anywhere from six months to several years or more.

Factors that may affect the timeline include jurisdiction-specific divorce protocols, child custody issues, division of assets, alimony and other financial considerations, and any disagreements between the spouses.

It’s important to stay in close contact with your attorney throughout the process to ensure that all paperwork is filed correctly and on time, as delays can lengthen the overall divorce timeline.

There is no set timeline for divorce, and individual cases can vary greatly in length.

However, with careful planning and attention to detail, it is possible to reach an agreement relatively quickly and settle any disputes efficiently.

With a collaborative effort from both parties, it is possible to avoid any lengthy delays.

Child Custody in North Carolina

If you’re considering divorce, it’s a good idea to work closely with an experienced family law attorney who can help ensure that your rights and interests are protected throughout the legal process.

If you would like more information about filing for divorce and what to expect during the process, please call our office now to schedule a consultation.

Before meeting with our divorce attorneys, we will conduct a Conflict Check and confirm the availability of the firm for legal representation.

Powers Law Firm PA does charge a consultation fee and hourly rates for Family Law matters.

Our law firm can help provide the guidance and support you need to successfully navigate the divorce process.

For more information about getting divorced, please visit our website: Charlotte-Divorce-Lawyers.com

If you have any other questions or concerns, please contact us directly at (704)-342-HELP

Do I need a lawyer?

We firmly believe it is advisable to consult with a qualified family law attorney before proceeding with any major legal decisions such as filing for divorce.

Equitable Distribution FAQs 

An experienced family law attorney can provide advice and guidance on the best course of action for your individual circumstances, ensuring that your rights are protected throughout the process.

A Charlotte divorce lawyer can also help you understand all of the legal implications of filing for divorce and can help ensure that the divorce process is handled correctly and efficiently.

Divorce proceedings are often complex, and having a legal professional on your side can make all the difference.

If you’d like to find out more about how an experienced family law attorney at the Powers Law Firm PA can assist with your divorce case, please contact us today.

Does it matter if I have kids?

Clearly, the presence of children can significantly affect the timeline for a divorce.

If you and your spouse have minor children together, there will be additional matters that need to be addressed during the divorce process, such as child custody arrangements, visitation schedules, and financial obligations such as Child Support.

All of these issues can take time to resolve and may lengthen the overall timeline for the divorce.

Mediation in Divorce

It is important to remember that the best interests of the children should be kept in mind when negotiating any details related to their care and well-being.

If you have children, we actively encourage clients to work closely with your attorney and come up with a parenting plan that takes into account what’s best for you and your kids.

By working together collaboratively, it is possible to achieve a fair agreement that meets the needs of everyone involved.

For more information about how children can affect the divorce process, including the possibility of Collaborative Divorce, please contact us directly.

We’re here to help!

What is Collaborative Divorce?

Collaborative divorce is an alternative to traditional divorce proceedings where the parties involved work together to reach an amicable settlement outside of court.

It involves both spouses and their attorneys working collaboratively to resolve issues such as child custody, division of assets (Equitable Distribution), and spousal support (Alimony), PSS – Post Separation Support, or what used to be called “Temporary Alimony.”

The process is voluntary, and all decisions are made by consensus, allowing the parties to be in control of their own destiny.

This type of settlement is often quicker and, in the long run, can be more cost-effective than traditional divorce proceedings.

It is also less adversarial, which can benefit the children involved in the divorce.

We believe Collaborative Divorce allows for a more peaceful transition for the entire family.

The collaborative process often begins with both spouses meeting with a team of professionals, including attorneys, financial advisors, and mental health professionals.

The goal is to work together to reach an agreement that is fair and equitable to both spouses.

Each spouse has their own attorney dedicated to representing their interests during the process.

Throughout negotiations, the team works together to ensure that all information needed for settlement is exchanged openly and transparently.

In addition to the team of professionals, the spouses also meet regularly with each other and their attorneys to discuss progress, negotiate solutions, and review documents.

The collaboration allows for solutions tailored specifically to the couple’s needs and goals.

Through this collaborative approach, both parties can come away from the divorce feeling respected and satisfied with the outcome.

Collaborative divorce provides an alternative to more traditional, adversarial methods of divorce and can be a great option for couples looking for a peaceful resolution to their divorce.

If you are considering divorce, it is important to understand all the options available to you so that you can make the best decision for your family.

How much do divorce lawyers cost?

The cost of divorce lawyers varies based on the complexity and length of the case, as well as any additional services that may be necessary.

Generally speaking, the attorneys at Powers Law Firm PA charge an hourly rate for their services

Additionally, we may require a True General Retainer to secure the availability of the firm for legal representation prior to beginning work on your case.

Depending on your situation, the cost of divorce attorneys can range anywhere from a few thousand dollars to a rather substantial amount.

“Rarely is divorce inexpensive. Terminating a marriage can be a time-consuming, laborious process that involves the most important assets of your life – Bill Powers

A lot depends on whether the parties wish to proceed in a reasonable fashion.

We do not believe in litigation for the sake of litigating and/or causing harm or pain.

Clearly, divorce is often emotional.

Having said that, the best way to increase the costs of a divorce is to engage in rancor, dissension, and unnecessary litigation.

Additional Resources for Mecklenburg County Family Court:

• Mecklenburg County Local Rules DOMESTIC COURT – Mecklenburg County – 26th Judicial District – 2022
• General Rules of Civil Court – Mecklenburg County Mecklenburg County
• Mecklenburg Alternative Dispute Resolution Rules – Equitable Distribution – Equitable Distribution

Learn More

Contempt of Court in the Family Law Setting

N.C. Court of Appeals Family Law Update – Contempt of Court

The Powers Law Firm in Charlotte is dedicated to providing helpful information to people interested in the NC Divorce Laws.

To that end, we regularly post materials on our blog and website regarding advances in the law and legal rulings.

We believe good decisions during divorce are predicated on good information and sound legal advice. Divorce is complicated and sometimes an emotional, messy affair. We want to help people. That’s why we do what we do – Bill Powers, Charlotte Divorce Lawyer 

What’s in this Blog Post?

In this blog post, we will discuss civil contempt in family law cases in North Carolina.

Civil contempt can serve as a powerful tool to enforce Court Orders.

In the family law context, it is often used to compel parents to comply with child custody and support orders.

What’s new in Divorce in North Carolina?

N.C. Court of Appeals, on July 5, published a new batch of cases, two of which provided insight and clarity into some nuances within NC family law.

In Bossian v. Bossian, the Court—authored by Judge April Wood—touched on an array of issues including private modification of a custody order, effectuating a prior contempt order, and Rule 59 & Rule 60 Motions.

Background Fact Pattern

In Bossian, the parties were married in August 1998 and had two minor children before they eventually separated and divorced after February 2013.

A child custody and support order was entered in February 2015 granting primary custody of the parties’ two minor children to the Plaintiff-mother and secondary physical custody in the form of visitation during the minor children’s school breaks to the Defendant-father, who was living in Rhode Island.

The Order also required Defendant to pay $1,225.87 in monthly child support until the order was modified or terminated.

In March 2015, the court resolved the pending equitable distribution claim requiring Defendant to pay a $1,800 distributive award to Plaintiff from the proceeds following the sale of the marital home. These two orders remained in effect and were never modified by the court.

Shortly after, in January 2016, the parties privately agreed—absent the court’s involvement or permission—to modify the custody order allowing the parties’ younger minor son to move and live with Defendant-father, who ostensibly would assume primary custody.

The minor child remained with Defendant from January 2016 until July 2018 when he returned to North Carolina to live with Plaintiff. Defendant did not pay child support pursuant to the child support order during this period.

Later, in March 2020, Plaintiff filed a show cause motion to hold Defendant in contempt for Defendant’s failure to pay child support, unreimbursed medical expenses, and the distributive award pursuant to the March 2015 Order.

After a contempt hearing, the trial court entered an order in September 2020 holding Defendant in contempt for his failure to pay his aforementioned legal obligations, as well as awarding Plaintiff attorney’s fees.

The court set Defendant’s purge amount at $31,398.52 to be paid by the end of October 2020. The Contempt Order required Defendant to be taken into custody if the amount was not paid by the deadline.

A few days following the Contempt Order, Plaintiff filed a Rule 60 Motion for Relief to correct a clerical error resulting in a lower miscalculation of Defendant’s child support arrearages.

Defendant filed a Rule 59 Motion for Relief from Civil Contempt and Attorney’s Fees arguing that no evidence was presented at the hearing of Defendant’s current ability to pay—a statutory requirement to be held in civil contempt—contesting his civil contempt adjudication.

Both the party’s respective motions were heard at a hearing in April 2021. The presiding judge granted Plaintiff’s Rule 60 Motion and denied Defendant’s Rule 59 Motion.

The judge concluded the hearing by inquiring whether Defendant had purged his contempt pursuant to the September 2020 Contempt Order. The judge found that Defendant had the present ability to purge his contempt and ordered Defendant to pay $9,300—a reduction from the previously ordered $31,398.52—and be taken into custody until he had satisfied this purge amount.

Defendant appealed the trial court’s granting of Plaintiff’s Rule 60 Motion, denial of Defendant’s Rule 59 Motion, and Defendant’s order to be taken into custody.

Court of Appeals’ Holding & Key Takeaways

The Court of Appeals in its reasoning provided several takeaways in its Bossian holding:

1.      A Judge May Effectuate a Previously Adjudicated Contempt Order Without Providing New Notice to the Contemnor

 Defendant’s first argument was that the trial court’s holding him in contempt and his arrest after the April 2021 hearing on the party’s respective Rule 59 and 60 motions was a violation of his due process rights because he was not provided notice of the potential contempt hearing and of his arrest.

The Court disagreed holding that so long as the original contempt order was properly initiated—via a judicial order to show cause—and the contemnor had notice of the order and has presently not purged his contempt, then it is within a trial court judge’s discretion whether to stay or effectuate the enforcement of a civil contempt order.

Neither the trial court’s use of a second contempt order to enforce the original contempt order, nor the modification of the original purge amount in a second contempt order, constitutes a “new” contempt order that would require new notice.

2.      A Clerical Error in a Contempt Order Does Not Give a Contemnor Legal Justification to Not Comply with the Order

The next argument that Defendant makes is that because both parties were contending that there were errors in the original contempt order, his failure to make the ordered payments could not be willful because he did not have the ability to comply, thereby preventing him from being held in contempt.

The Court noted that two statutory elements of civil contempt are that the contemnor’s violation is willful (i.e., an ability to comply and an intentional failure to do so) and he must have the actual ability to take reasonable measures to comply. However, it disagreed with Defendant’s argument citing Rule 62(b), and held that absent a Rule 62 motion to stay a contempt order, a contemnor’s compliance is mandatory.

 3.      Private Agreement, Absent a Court Order, Does Not Justify Noncompliance with a Court Order

The final key takeaway from the Court of Appeals’ ruling in Bossian is a contemnor’s noncompliance is still willful regardless of if the parties privately agree to not comply with a court order.

Defendant argued that it was error for the trial court to deny his Rule 59 motion because the evidence showed that his non-payment of his child support obligation was not willful due to the parties’ private modification of the child custody agreement.

The Court was unpersuaded by this argument.

The Court emphasized that pursuant to N.C. law, a child support order can only be modified by the court via a pending child support action and a showing of changed circumstances.

The Court iterated, and then later reiterated, that parties may not modify a court order through extrajudicial written or oral agreement, and a party has an obligation to follow a court order until it has been lawfully changed via judicial decree.

Charlotte Divorce Lawyers – Powers Law Firm

• Equitable Distribution
• Civil Contempt
• Child Support
• Alimony
• Visitation
• Why you should hire a Divorce Lawyer
• Domestic Violence Protective Orders

Learn More

Equitable Adoption in North Carolina

The doctrine of Equitable Adoption is a judicially created “equitable” remedy that may, under very narrow circumstances, recognize a parent-child relationship in the absence of formal legal adoption.  

Under the doctrine, inheritance rights may apply as a matter of equity when and if the child’s parents die intestate and those parents intended to but failed to formally perform a legal adoption before passing away.

Such claims are closely scrutinized and rarely applied under the NC Adoption Laws – Bill Powers, Charlotte Family Law Attorney 

The essential elements of the doctrine include consideration of things such as:  

1. Whether there was an agreement, implied or express, to adopt a child; and,  
2. Whether such agreement is relied upon; and,  
3. The natural parents’ performance in surrendering/giving up custody; and,  
4. The performance of the child, while living with the foster parents, and whether she or he (the child) acts as the foster parents’ child; and,  
5. Foster parents’ partial performance in taking the child at issue into the home and treating such child as their own;
6. Whether or not the Foster Parent had a Will (intestacy).   

North Carolina Law on Equitable Adoption

The NC Supreme Court in 1997 acknowledged the doctrine for the first and only time in Lankford v. Wright.    

In Lankford, the biological mother gave birth to a child, but shortly after entered into a written agreement with her neighbors, to raise and adopt her.     

What is Equitable Distribution? 

The foster parents held her out as their child publicly in all respects.  Unfortunately, they died without a valid will, thus seemingly making the NC Law of Intestate Succession applicable.     

The NC intestacy statute applied, ostensibly preventing the Petitioner from receiving anything from the people she thought of as her mother and father.   

The Petitioner sought a Declaratory Judgment regarding her status and rights of an alleged heir of the related estate.    

The North Carolina Supreme Court granted Petitioner’s petition and sought to answer the question of whether the Doctrine of Equitable Adoption recognizes inheritance rights of a non-formally adopted child whose foster parents died intestate.    

The Supreme Court created legal standing that had never before been recognized under either the Common Law or by the statute.  Given the long history of North Carolina, that is truly remarkable – Bill Powers, Charlotte Family Law Lawyer 

 In so doing, the Court specifically limited the applicability of the doctrine to circumstances when a child was supposed to be adopted but the foster adoptive parents failed to formalize the adoption prior to their death.   

The Court, attempting to narrow its opinion and creating new law, added that the doctrine “is limited to facts comparable to those presented” for “claims made by an equitably adopted child against the estate of the foster parent.”  

Will the Doctrine of Equitable Adoption be expanded?    

Probably not, at least not by the North Carolina Court of Appeals.  

If appealed further, the NC Supreme Court may be asked to expand the application of the Equitable Adoption in Shearin v. Brown.

That doesn’t seem very likely given the fact-pattern in Shearin.

Mediation in Family Law cases

That matter involves a granddaughter seeking to be declared an heir of her biological—but not legal—grandfather.     

Following her father’s death, Petitioner became very close with her biological grandfather, who publicly expressed to her an intention that she receive his assets someday.    

The decedent passed away, intestate.  

His obituary identified his biological granddaughter, the Petitioner, as his only grandchild.  

The issue arose when a distant relative of the decedent applied for letters of administration for his estate and listed himself and a few others as the sole heirs to the Estate, rather than the biological granddaughter.  

At the trial court, Petitioner claimed that she was the sole heir under North Carolina’s intestacy statutes by virtue of alleged equitable adoption of her father. 

The Court in Sherin found, as a matter of law, the facts of the case at hand did not support a finding that Equitable Adoption should apply.   

On appeal, Petitioner requested that the Court enlarge or otherwise expand the legal theory established in Lankford to allow for an adult to benefit under the theory of Equitable Adoption. 

The NC Court of Appeals found in favor of Respondents citing the narrow application of the Lankford holding and the Court’s lack of “authority to redraw the boundaries of the doctrine as delineated in that decision.”    

As the Court noted, the facts as presented did not show the Petitioner was taken into the home, as a minor, by the foster parent.  

Tips from Charlotte Divorce Lawyers 

The Petitioner was not raised by the foster parents from childhood, acting as if such child was a legally adopted son.    

The Supreme Court in Lankford emphasized, the remedy is limited in instances to protect someone who was supposed to have been adopted by the foster parents. 

The Court of Appeals further distinguished the Shearin case by stating that the majority of jurisdictions in the US that recognize equitable adoption have limited its application to claims made by an equitably adopted child against the estate of the foster parents, not the heir of an alleged equitably adopted child.    

 

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Tips for Virtual School – Online Learning

Virtual School and Online Learning is new to just about everyone in Charlotte.

It’s OK if you’re a bit stressed out.

There’s frankly a lot to juggle between work, household chores, and maintaining some semblance of a schedule.

The reality of school closures and dealing with the Coronavirus is setting in.

CMS has in effect pressed parents into service as “co-teachers” in a virtual learning environment.

If you’re having marital problems, considering separation or divorce, anxiety about teaching kids at home is entirely normal, if not to be expected.

There are some steps and plans to put in place that may help.

This hasn’t happened before

We are all, at least to some extent, creatures of habit.

Establishing a daily routine can be soothing.

It may help to be thoughtful in setting up certain rules for virtual learning, thereby avoiding creating the opportunity for bad habits.

Kitchen table, ‘virtual learning’ isn’t necessarily a bad thing. The key is to set parameters, removing distractions as much as possible – Bill Powers, Divorce Lawyer  

With the continued closures of schools, restaurants, churches, and remote workplace arrangements, we are all dealing with the unfamiliar.

The new normal is anything but normal.  It can be downright discombobulating.

Starting the new Charlotte Meck school year on-line, with its occasional start-up glitches, it’s important to be mindful that there will be an adjustment period.

It also may be necessary to set certain parameters, including workspace zones, areas of separation, quiet places, and tear down goals to convert the kitchen table from school to the place to gather and eat a family.

Virtual classes and schoolwork

Most people go into the profession of education voluntarily.

Educators go to school, study hard, and obtain a teaching certificate because they love working with kids and helping people learn.

CMS Virtual Learning Information 

Many later go on to receive a Master’s degree and/or Doctorate in education.

It’s a passion.

Classroom teachers feel chosen, led to the profession.

I’ve never understood why teachers don’t get paid more.  I suspect many parents now share in my belief that they deserve a big-time raise – Bill Powers, Charlotte Collaborative Lawyer 

Don’t reinvent the wheel.  It makes sense to talk to friends, family, and neighbors about what works.

Reach out to people, call them, post on social media, exchange ideas about how to keep kids focused.  Ask questions:

1. What’s the best way to keep children engaged?
2. How do you address special needs or learning styles?
3. Are there better technologies or ways of doing things?
4. What are the potential problem areas to anticipate and avoid?
5. What works?
6. What doesn’t work?

Collaboration is key.

Reach out to your child’s teacher.  Social distancing results in, well, distancing, and separation from others.

We don’t always realize how important personal interaction is in educating children.

Seeing your teacher at “drop off” or at school events, if even for a short while, is part of the education process.

That’s clearly lost with virtual and remote learning.

Teachers probably don’t enjoy the virtual education process either.

They like kids.

They enjoy and thrive through interaction with others.

And they weren’t necessarily trained to teach by video.

If you have questions or concerns, talk to your child’s teacher.  Share both concerns and successes.

Tell them the issues you encounter at home. Ask for advice and possible resources.  Seek out their opinions.

And probably most importantly, thank your teacher.

Tell them how much you appreciate them.

Maybe share you did not fully realize how hard their job is until you tried doing it yourself.

Establish routines.

Normalcy and regular patterns help in organizing the process of educating your loved-on.

Focus on the positives.  Virtual learning can be more efficient.  It may allow for less “slack time” or time wasted administering education such as “bio breaks,” rest periods, and putting seats in chairs.

Establish a designated “workspace” for members of the family.

Be intentional about it.

Require the learning area to be organized, free from clutter.

If it’s the kitchen table, remove everything including seemingly innocuous objects like salt-and-pepper shakers, centerpieces, and anything not related to doing school work.

Create a checklist of items:

• Pen
• Pencil
• Book
• Homework
• Laptop
• Internet Connectivity

Charlotte Child Custody Information

1. Child Custody Legal Issues in North Carolina
2. Separation Laws in NC

 

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What kind of lawyer do I need?

“What type of lawyer are you?”  That’s a common question lawyers get from people they meet.

Attorneys in smaller jurisdictions may answer, “I do a little bit of everything,” or “I’m a general practitioner.”

In big-city Charlotte and Mecklenburg County, responses to that same question may include “criminal defense lawyer” or “family law attorney” or “corporate counsel.”

Lawyers in Charlotte tend to limit and define their professional practices by types of legal matters.

Frankly, I think that’s a shame.  Small town North Carolina gets in right.  That’s especially true if the legal issue involves divorce, children, and other marital problems – Bill Powers, Divorce Attorney 

How is it that the former President of the North Carolina Advocates for Justice, and well-known “Charlotte attorney,” has come to that conclusion?

What do “divorce lawyers” do?

Here’s a little known fact, even among legal professionals.

In providing legal services, lawyers who handle matters involving custody, divorce, ED (equitable distribution), and marital unfaithfulness, while they may refer to themselves as “divorce lawyers,” actually do a lot of different things.

They must be prepared to handle an incredibly diverse range of different legal issues.

I have been practicing law since 1992.  I’ve litigated many different types of cases.  I’ve handled murder charges, personal injury claims, and real estate closings.  I’ve drafted wills and powers of attorney.  Nothing in my humble opinion is more potentially complicated than a divorce with children – Bill Powers 

Our law firm prefers to focus on the individual legal need and the client, rather than practice-group designations.

We refer to ourselves as courtroom lawyers and litigators.

And to do that, Bill Powers has traveled extensively throughout North Carolina to help people with a wide range of different legal needs.

What is “family law” anyway?

Lawyers in Charlotte who refer to themselves as “family law attorneys” don’t take every case or client who walks through the door.

It’s not that they are bad people or unwilling to help.

The vast, vast majority of attorneys I know are compassionate people, dedicated to helping others.  Indeed, people go into law because of their passion to make a difference – Bill Powers 

As such, if a lawyer declines to accept your case for representation, they may be inexperienced or simply don’t enjoy certain aspects of handling those particular types of legal issues.

That’s OK.

In fact, it’s more than OK.  It’s downright professional.

Straight Tips From a Charlotte Divorce Lawyer

Lawyers must be competent to handle a legal matter.

That’s one of the first rules of being a lawyer.

If a lawyer tells you they want to refer you to another attorney for all or part of a case, don’t take offense.

It’s likely not you; chances are they are actually a really good attorney.

It’s both ethical and professional to look out for your best interests rather than take a case that doesn’t fit a particular skill set.

The best lawyers I know aren’t afraid to admit someone else may be a better fit or more experienced to handle something – Bill Powers 

The value of practical experience and institutional memory

We are resolute in our belief that no two cases are exactly the same.

While there may be certain similarities in case files, your circumstances, and individual needs, are truly unique.

Divorce often involves careful consideration of several different types of law or areas of practice.

It can be a difficult thing indeed to find an attorney with any level of experience willing to take on a heart balm case involving allegations of “Criminal Conversation” and “Alienation of Affection.”

If you own a home with someone, transferring title to real estate may be necessary as part of getting divorced.

If you have a retirement plan (401K, IRA – Individual Retirement Account, pension plan, savings incentive match plan, etc.), the execution of a QDRO – Qualified Domestic Relations Order is likely appropriate.

I Want a Divorce

If you own a business or a fractional share of a company, it helps to know when to bring in a financial planner or forensic accountant for professional advice.

Some lawyers love being in the courtroom, litigating.

Others only work with collaborative law matters, never seeing the inside of a courtroom or arguing a case to completion.

Prior experiences, both good and bad, very much direct my legal advice and what I think is best for a client.  Given the number of different types cases I’ve handled across North Carolina, we bring a fair amount of institutional wisdom and common-sense to the process. 

Call Attorney Bill Powers now to schedule your consultation.

Legal consultations for divorce, child support, equitable distribution, visitation, etc., (“family law legal issues”) involve a consultation fee and hourly rates.  That is different from other types of cases our law firm handles.

For example, we do not charge consultation fees for DWI charges or other criminal charges in North Carolina.  Similarly, we do not charge hourly rates or establish a consultation fee for car accident cases or other “personal injury” matters.

NC Divorce Laws – Topics of Interest

1. The First Step in Divorce
2. No-Fault Divorce in North Carolina 
3. What is Collaborative Divorce? 
4. When should I hire a Divorce Lawyer? 

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When should I hire a Divorce Lawyer?

Sometimes married couples who plan on getting divorced think it’s a good idea to settle-up with a spouse and then retain a lawyer to draw up the necessary paperwork. 

Clearly, it’s preferable to be reasonable and proceed in good faith in dealing with your spouse, particularly in instances where the marriage has fallen apart but the respective parties still care for one another.     

Marriage offers an economy of scale that extends beyond just tax rates, deductions, and claiming eligible dependents.  

Legal Separation and dividing a household often involve substantially increased living expenses.    

Establishing and maintaining two separate households on the same income, especially when children are involved, can result in expenses that are in fact more than doubled.   

It’s therefore understandable some might think they’re saving money by “working things out” in advance without the participation of legal counsel.  

We understand short-term cash flow may be an issue. 

At the same time, you worked hard for your house, retirement, 401K, and other personal and marital assets. 

You should protect them.    

Getting divorced is a major life event. 

While an attorney is not required to prepare a Separation Agreement or to even file for divorce in North Carolina, once certain documents are executed and/or filed, some mistakes cannot be fixed – Bill Powers

If you don’t know what QDRO stands for (qualified domestic relations order) or what happens if you fail to timely allege a claim for Equitable Distribution, we urge you to consult with an experienced divorce lawyer in Charlotte.

I did some research on Google 

The Internet can be a helpful source of information, at least during the formative stages of a divorce.   

If nothing else, on-line research can get you up-to-speed on some of the important terms and general precepts of getting divorced in North Carolina.   

Unfortunately, there is a tremendous amount of either misleading or incorrect “free advice” out there.   

It is our considered opinion that self-help forums and purportedly “simple online divorce forms” involving post-separation support, child custody agreements, alimony, and Equitable Distribution are problematic at best. 

Indeed, executing (signing) some agreements without the advice of a lawyer can have long term, negative, and irrevocable consequences.   

It’s imperative to have a thorough understanding of your assets and the true value of the “marital estate.” 

That often necessitates a review of bank records, real property valuation(s), mortgages, taxes, and the NC Child Support Guidelines before negotiating or agreeing to terms of separation. 

Marriage by its very nature involves a comingling of assets.

Separating and distributing assets, hopefully without harming or reducing their value or incurring substantial financial penalties, can be a challenging if not vexing process.

We believe good decisions are predicated on having accurate, complete information. 

That applies to both financial records and protecting your individual legal rights.  

Some people tell their spouse, “I want a divorce,” not fully understanding the full range of consequences and how truly complicated determining child visitation, support, and distribution of assets can be.   

“The financial aspects of ending a marriage are a common source of conflict and can be as troublesome as settling any hotly contested dispute in court  – Bill Powers, Mecklenburg Divorce Lawyer 

Before doing anything, perhaps even before telling your spouse you want a divorce, we think it’s important to fully understand your legal rights relative to your particular marriage.    

You and your marriage are unique

Contrary to what some might think, one size does not fit all. 

That is especially true regarding divorce in North Carolina.   

Marital circumstances are rarely exactly the same from one marital relationship to another.

If that weren’t the case, it wouldn’t matter who you married.

What is important to you, how you raise your family, your faith, spending habits, and where you live might not mean a hill of beans to anyone else besides you.

That might even be true for your spouse.

There are reasons people get divorced.

As such, the advice of friends and family, as well-meaning as it may be, is all too often inapplicable to your individual matter, your financial condition, your personal concerns, needs, and circumstances.  

It also may be flat out wrong and directly contrary to the divorce laws in North Carolina.

Even close friends and family often do not fully share the intricacies, difficulties, and nuances of their marriages.

Suffice it to say, some things better go unsaid. 

Experience shows, those “embarrassing” and “unsaid” issues can be the reason for the divorce in the first place and possibly a point of contention in the future.    

Friends and family also may feel it more important to support you and your feelings, rather than be brutally honest regarding certain issues and human frailties.  

They also may not have all the facts or a full understanding of what the law is, rather than what they think it is or should be.   

One of the benefits of the attorney-client privilege allows for complete disclosure of all the facts and circumstances of a divorce.   

“You should tell your divorce lawyer the whole truth, even if it might be a bit embarrassing.  Our job is to provide sound legal advice, not to judge you” – Bill Powers  

Legal Reference Materials:  Separation, Support, Custody, and Divorce

1. What does Absolute Divorce mean? 
2. What does Joint Custody mean? 
3. What am I entitled to in a Divorce? 
4. How long does it take to get Divorced in North Carolina? 
5. Child Custody and Visitation During the Coronavirus
6. NC Divorce Laws 

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Divorce Day

Nationwide, January 6, 2020 has been informally designated as “Divorce Day.”  Charlotte divorce lawyers anticipate a sharp increase in call volume immediately following the holidays.

While it may be popular to call it “Divorce Day,” in North Carolina, it might be better entitled, “Divorce Year.”

In part that is because the NC divorce laws, with certain exceptions, ordinarily mandate a minimum period of separation of 12 months before filing for divorce is authorized under the law.

Filing for divorce tends to slow down before Thanksgiving.  Planning for separation and divorce spikes at the beginning of every new year – Bill Powers, Charlotte Divorce Lawyer

There are important legal filings and contractual agreements in the period leading up to the formal entry of a divorce order.

That may include things like:

1. Post Separation Support (formerly referred to as temporary alimony)
2. Child Custody
3. Child Support
4. Separation Agreement
5. Living Arrangements
6. Asset valuation
7. Equitable Distribution
8. Transfer of Real Property and Marital Assets

Separating a marital estate can be complicated.

Even with the most modest of assets, it tends to be a time-consuming process.

What is the first step to getting divorced?

That’s a great question and one we wish more people would ask themselves before taking certain actions.

Unless there is some sort of abusive behavior necessitating the institution of safety measures or a 50B protective order, we generally do not recommend packing up and moving out.  There are important legal rights relative to divorce that deserve careful consideration before action – Bill Powers, Divorce Attorney

We strongly recommend you speak with an attorney before doing anything.  Timing and preparation can be key.

It also may prove to be a better financial decision to proceed with caution, gathering important documentation and information before saying, “I want a divorce.”

There are generally consequences to actions in family law cases.  Prior to making any major, life-changing decision, we recommend you speak to one of our Charlotte divorce lawyers.

Whether it is our law firm or another located in Mecklenburg County, proceeding in haste can make the process unnecessarily expensive, adversarial, and emotionally taxing.

How much do lawyers cost for divorce?

Retaining a divorce attorney in Charlotte may be a bit different from your prior experiences with lawyers.

First, unlike traffic ticket lawyers or attorneys who handle minor criminal charges, there often is an initial consultation fee.

Divorce lawyers in Mecklenburg County (at least at our law office, the Powers Law Firm PA) bill hourly.

Some attorneys also require some sort of retainer.  That may involve something called a True Retainer to reserve their legal services.  A True Retainer is earned immediately and is not billed against.

A true retainer is paid to ensure the availability of the divorce lawyer.  It also may serve to prevent legal representation to an adverse party in the separation and divorce.

Legal fees predicated on hourly work, as earned, are separate and apart from the True Retainer.

Other law firms require a retainer to be held in trust, from which legal fees are billed on a periodic basis.

At Powers Law Firm we charge:

1. Initial Consultation
2. True Retainer
3. Hourly Rates billed weekly and/or bi-weekly

We accept credit cards, personal checks, and other traditional forms of payment.  We prefer not to hold funds in trust, instead billing clients after work is performed.

We also prefer to put everything in writing.  We want to make sure clients fully understand what is and what is not included in legal representation.

We seek to be completely up front and transparent with clients about the costs of hiring a divorce lawyer.  It takes time to go through the contract of representation and explaining anticipated costs – Bill Powers 

Expert fees, filing fees, costs of discovery, and other expenses of litigation are not part of legal representation.  We also do not charge a flat rate for legal services.

Divorce Day is a good time to start looking for a lawyer and planning, educating yourself on the true costs of getting divorced.

The attorney-client relationship

Prior to speaking with a divorce lawyer at our office, we perform a conflicts check and further confirm availability for legal representation.

We want to help, understanding separation and divorce, especially in matters involving large marital estates, children, and Equitable Distribution, is a trying process.

To be clear, we are unable to assist every person who calls our office.  

Our law firm is careful in client selection, limiting the number of matters we undertake for legal representation.

That means we accept a limited number of new clients on an annual basis.  We want to be able to focus on the complexity of cases, working hard to make ourselves available for consultation and regular communication.

That means we purposely limit the overall number of clients we represent.

There are some matters we may feel it better to refer an inquiry to another lawyer or law firm.

Our goal is to make clear, from the outset, how the process works and what we do to help people going through difficult times.  Legal representation for a divorce is a long-term relationship.  We want clients to feel comfortable with us and our professional perspectives – Bill Powers, Divorce Lawyer 

Call our law office now to determine the firm’s availability and the costs of legal representation:  704-342-4357

Related Legal Issues and Topics of Interest:

1. When is the Best Time to get Divorced?
2. Separation and Divorce Tips
3. Post Separation Support and Alimony
4. I Want a Divorce
5. Legal Fees
6. The First Step in Divorce
7. Divorce after separation
8. Surviving the Holidays

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Surviving the Holidays

Surviving the holidays in a difficult marriage can be difficult at best.  Despite that, legal separation and filing for divorce in Charlotte tend to decline during certain seasons.

Pre-existing problems in a marriage may be exacerbated by family commitments and the hustle brought on by the time of the year.

Some parents stay married for the children, thinking to themselves, “I want to give them one more special time before moving forward.”

Those are completely reasonable feelings.

Our job as Charlotte divorce lawyers is not to convince you to separate or end the marriage.

Indeed, once advised of their legal rights, some people choose to stay married and work things out.

That’s OK with us.  The key is to determine what is best for you and your family.

We believe good decision-making, like sound legal advice, is predicated on possessing good information – Bill Powers

Anticipating the end of a relationship can be bitter-sweet, if not downright hard.

That is made all the more difficult if there are uncertainties and questions about the application of the divorce laws to any given marriage.

When is the best time to file for divorce?

Frankly, there really isn’t one “best answer” to that question.

Timing can be an important consideration but it is by no means the sole or only factor to take into account.

Family law cases are as varied and different as the people involved in a marriage.

There are differing, complex issues to consider including the education of children, filing of taxes, and above all, your safety and that of loved-ones.

Without question, “surviving the holidays” does not include suffering through physical violence, sexual assault, or other criminal acts.

If you fear for your safety or that of your children, there are protective measures that may be undertaken separate and apart from the formal filing for divorce.

50B – Complaint and Motion for Domestic Violence Protective Order

Filing for divorce is often the last step in the ending a marriage in North Carolina.  In large measure that is due to the mandatory period of legal separation as set forth in the NC divorce laws – Bill Powers 

While we are more than willing to speak about seasons of the year, relative to planning and filing for divorce, that is to some extent putting the cart before the horse.

We believe it best to have all the facts/documentation in hand before filing any type of legal proceeding.

In complex family law matters, those involving child custody and visitation or marital estates requiring careful consideration of financial records and Equitable Distribution, the parties may agree to proceed by way of a Separation Agreement.

Collaborative Divorce may also be an option to consider.  “Filings” in court (Clerk of Court) in those instances may be sporadic if not limited.

It is increasingly popular for married parties to work through the specifics of divorce privately.

Assuming there aren’t disputes over Post Separation Support or “PSS” or visitation issues, even if between contentious spouses, many issues may be handled via negotiations, the voluntary exchange of financial records, by and through legal counsel.

We do recommend potential clients begin the process of selecting a divorce lawyer as soon as possible.

Even if you would like to wait until after the holiday season to move forward, it’s a good idea to plan for that.

Lawyers, like doctors, are subject to schedules and pre-existing commitments.

Put simply, if you’d like to sit down and talk a divorce law, call now and schedule an appointment.

We also do not strictly require clients to come to our law office.

We will use secure video conferencing.

Will the judge be mad if I don’t try to work things out?

Generally speaking, the answer is, “No.”

North Carolina, with certain limited exceptions, is considered a no-fault divorce state.

That doesn’t mean Family Court Judges in Mecklenburg County prefer acrimony and/or unreasonable litigants.

That is especially true when considering the best interests of children.

We believe the better practice is to proceed in good faith, seeking equitable and fair resolutions to disputes.  Litigation is expensive and frankly, at times, not merited – Bill Powers 

As such, the Court does not mandate counseling and working through marital issues.

A judge is not going to try to convince anyone to remain married against their will.

It will demand the parties are honest, that they disclose all relevant records/materials associated with the marriage, and that all Court Orders are followed.

Related Legal Issues and Topics of Interest

1. When is the Best Time to get Divorced?
2. Separation and Divorce Tips
3. Collaborative Divorce
4. What is Collaborative Divorce?
5. Post Separation Support and Alimony
6. Reconciliation
7. I Want a Divorce
8. NC Divorce Laws – Chapter 50

Charlotte Divorce Lawyer Bill Powers

If you have questions about your legal options, we may be able to help.

The first step involves calling our law firm and speaking with a legal assistant.

It’s a good idea, prior to meeting, to check for conflicts and availability for legal representation.  It’s also a good idea to understand the costs of a formal consultation and retention of the firm as counsel – Bill Powers 

Call Bill Powers NOW:  704-342-4357

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