Family Law

What You Need to Know About Separation and Divorce in NC

Separation and Divorce in North Carolina is rarely easy. It is often a trying time, testing us in ways we might have only imagined. You may be anxious, not knowing what to do or fully understand your options under the NC marriage laws. That’s entirely normal.

Separating marital assets, and all that comes with ending a marriage, can be an expensive, time-consuming, and even a daunting process. That’s why it helps to have someone standing by your side, helping to explain your legal rights, and offering sound legal advice.

Common Sense Tips for Separation and Divorce in North Carolina

There are few things as important in life, and few choices that carry as substantial impact, as the decision whether to move forward with separation and divorce. It takes a while to unravel complicated financial and family issues, especially when they involve visitation with your child and support.

What may seem abundantly clear and downright logical to you, may not be so obvious to your spouse or partner. Indeed, they may take a directly opposite position.

While the NC family laws are the same throughout North Carolina, how they are applied, and even the manner in which cases are litigated, can differ from jurisdiction to jurisdiction.

Charlotte is a big city. There are a lot of Charlotte family law attorneys. And like the individuality of clients, attorneys bring with them personal styles, preferences, opinions, and methods in presenting a case.

That means attorneys, like clients, also have individual strengths and weaknesses.

It’s your life, your family, and your children at issue. A common understanding of goals, perspectives, and what’s important is of tantamount importance in legal representation.

Good Communication Between Family Law Attorneys and the Client Makes for a Better Experience

Your lawyer is not your adversary. We’re here to explain the laws involving separation and divorce, child custody, equitable distribution, and child support in North Carolina.

Family law cases are just different. They can involve emotions such as anger, rage, and resentment. Managing those emotions, relative to your best interests, can be a difficult proposition.

At our family law firm, we promise to always be honest with you.

Understanding and patience are key, especially in explaining things that might not always be terribly comfortable to discuss. Our divorce lawyers will provide truthful answers and a realistic assessment of your legal position, even when knowing you might not like to hear what we think or have to say.

Sometimes it takes time to explain what you believe reasonable or maybe even wish was different, is just not consistent with the NC marital laws.

“We seek to be kind tour family law clients. And, because it’s not binary, we’re also not going to sugar coat things or encourage unrealistic expectations.”

– Bill Powers, Charlotte Family Lawyer

If you’re looking for an attorney who always agrees with everything you say, we’re probably not your firm. Indeed, that’s a recipe for failure.

While it may be easier as a lawyer to avoid hard truths, in the long run that does not serve your best interests or really work to accomplish your goals.

Charlotte Divorce and Legal Fees Can be Expensive

Litigating a case, without considering the costs, is like undergoing major surgery without being aware of the known medical risks.

As stated, we are courtroom lawyers. We’re not afraid to take a case to trial, whether in Superior Court for Alienation of Affection or Criminal Conversation, or Charlotte Family Court for alimony, child support, and Equitable Distribution.

It’s important to recognize, litigation costs money. And try as we might to limit legal fees associated with courtroom advocacy, there are just times where it is unavoidable:

• Legitimate Dispute of Facts
  • Interpretation of NC Family Laws
  • Business Valuation
  • Complex Marital States
  • Equitable Distribution of Assets
  • Child Custody – Best Interests of Children
• Domestic Violence
  • DVP Domestic Violence Protective Orders
  • Criminal Charges for Assault, Assault on Female
  • 50B Orders / Ex Parte Restraining Orders
• Contempt of Court
  • Criminal Contempt for Willful Noncompliance of Court Order
  • Civil Contempt to Enforce Court Order
    • Show Cause Orders
    • Motions to Show Cause
• Unreasonable Opposing Party
  • Hidden Assets
  • Vindictive, mean spirited party to litigation
  • Psychiatric / Substance Abuse Disorders

There are some legal disputes that require litigation. As such, courtroom experience helps.

Despite good faith efforts to negotiate, the other side can be unreasonable and unnecessarily drive up the costs. In fact, costing you money in legal fees may be part of their ultimate plan to cause you mental anguish or seek revenge.

See: “An exceptionally contentious and prolonged custody battle”

Occasionally parties in family court wish to inflict pain, to obstruct the process, and may do anything-and-everything possible (even break the law) to punish the other side. Unfortunately, that can include using children as a tool or threats of domestic violence.

In those unfortunate instances, we may be forced to take an otherwise unremarkable case to trial, letting the Judge decide what is fair, reasonable, and equitable under the NC family laws. And at times, that involves proceedings for Contempt of Court, sanctions, penalties, and fines.

North Carolina Family Law Updates – Family Law