Charlotte Family Law Attorney

Charlotte Family Law Lawyer

A Charlotte family law attorney can be a much-needed resource if you or someone you know is going through a family law case. This could be a troubling divorce, difficult child custody or child support negotiations, an adoption, or a domestic violence claim. These cases can be extremely difficult to navigate, as they’re mentally and emotionally draining on everyone involved. With an experienced attorney on your side, the process is much easier.

Types of Cases We Handle in Charlotte, NC

At Lehnhardt Price Family Law, we’ve helped clients with many types of family law cases. Some of the many issues we can assist with include:

• Divorce
• Child support
• Child custody
• Adoption
• Spousal support
• Prenuptial agreements
• Property division
• Separation agreements

Divorce in Charlotte

Many family law disputes begin because of a divorce. Divorce can lead to child custody battles, child support, and property division, among other issues.

It’s important to understand how divorce works and how much does divorce cost in North Carolina, which is a no-fault divorce state. This means that spouses are not required to have a reason for divorce. There are two main requirements that must be met to file for divorce in North Carolina:

• Couples must be separated for at least twelve months and one day. Separated means physically living in different homes.
• At least one spouse must have lived in the state for at least six months before a divorce can be filed.

Legal Separation

To be considered legally separated in Charlotte, NC, you do not need to have a separation agreement in place. In North Carolina, you only have to be living apart from your spouse, and at least one of you needs to intend for the separation to be permanent. You cannot be considered legally separated if you are living in the same home or if you live in different homes without the intent of permanent separation.

What Is a Separation Agreement?

A separation agreement is a private contract entered into between spouses who are separated or plan to separate. The agreement should outline how the spouses will pay their respective bills, maintain their current home, parent their children, and any other details relevant to their livelihood.

While a separation agreement is not required to get divorced, it can resolve some issues, making the divorce smoother. For example, your separation agreement could outline how you will divide your marital property and whether one spouse will pay alimony to the other. You could request that your separation agreement be made a part of your final divorce order, thereby making it a court order.

Types of Divorces

Absolute Divorce

Either party can file an absolute divorce in North Carolina, as long as the parties have been separated for at least one year (or, if the parties have lived apart for three consecutive years, without cohabitation, and are still living separate and apart by reason of incurable insanity of one spouse, then the sane spouse may seek an absolute divorce). Entry of a Judgment of Absolute Divorce can impact other marital rights, including property and alimony, so it is important to seek the advice of an attorney to ensure that your rights are protected.

Divorce From Bed and Board

A divorce from bed and board is not a divorce but a rare form of separation that is only court-ordered in very specific situations. It is used to force a spouse to leave a marital residence, allow a spouse to allege marital misconduct, or obtain judicial authorization for a separation. There are certain requirements that must be met to achieve a divorce from bed and board:

• There must be a legal marriage between the couple.
• One of the spouses must meet the state’s residency requirement.
• One of the spouses must have committed misconduct. Examples of this can include abandonment, cruel treatment, adultery, or excessive use of substances.

A divorce from bed and board does not usually lead to an amicable solution between spouses, but it may be necessary in some cases. Additionally, a spouse’s rights upon the death of the other spouse are typically terminated. If spouses wish to officially divorce afterward, they will first need to meet the waiting period requirement.

Spousal Support

Spousal support, also known as post-separation support or alimony, is when one spouse is ordered to pay the other financial support as a result of the separation/divorce. The purpose of this support is to assist the dependent spouse. If one spouse was the main provider, and the other spouse did not work because they were the main caregiver for the children, for example, the income-earning spouse will likely pay spousal support to the other. There are several types of spousal support one could receive:

• Permanent: This kind of support is intended to last for the remainder of the spouse’s life. It could be terminated if circumstances change or if new factors come to light, eliminating the need for support. Alimony terminates upon the death of either spouse, or upon cohabitation or remarriage of the dependent spouse.
• Fixed-Term: This support is meant to last long enough for the other spouse to establish themselves. The term will vary depending on the facts of each case.
• Lump sum: If spouses agree to a one-time upfront payment, it would be considered lump sum support. This kind of payment could be in cash, or it could be a transfer of property such as real estate.
• Modifiable: The majority of spousal support arrangements are modifiable. Most orders are based on a specific timeline, and modifications can be made as the spouses progress through their lives or as circumstances change. Modifications must be initiated and approved by the court. However, lump sum support is not modifiable.
• Postseparation: As outlined under North Carolina General Statutes 50-16.2A, this type of support is temporary, and it’s meant to last during the separation period until the court makes a final ruling on alimony. A spouse can submit an application for support to the courts at any time during the divorce proceedings. The spouse requesting support must demonstrate the following:
  • They were lawfully married under North Carolina law.
  • They are dependent upon the other spouse.
  • They don’t have the resources or earning capacity to maintain their current living standards.
  • The other spouse has the ability to pay the support.

Factors That Affect Spousal Support

The size of support payments should be based on each couple’s unique circumstances. It can vary based on many factors, including:

• The length of the marriage.
• The income earning capacity of each spouse.
• Any contribution made to the marriage by each spouse. This could be financial, educational, training, or anything that increases the earning power of one spouse.
• The established standard of living during the marriage.
• The needs of each spouse.
• The assets, liabilities, and debt of each spouse.
• The education level of each spouse and the amount of time needed to gain the necessary education for employment.

Child Custody

Of the many legal disputes that arise in family law, child custody is perhaps the most emotionally challenging. Spouses often argue fiercely over the custody of their children, and these battles can be lengthy. It’s important to remember that the courts will rule in favor of whatever may be in the best interests of the child. Spouses can settle child custody outside of court if they come to a compromise. However, if they can’t do so, litigation is necessary.

In North Carolina, each parent has equal rights to the physical possession of their child., unless there is a signed and notarized agreement or court order to the contrary.

Filing for Custody

To file for child custody, you must first file a formal complaint with your county clerk’s office. This is your way of notifying the court of your custody request. You can do this on your own, but an experienced family lawyer can prove invaluable during this process. Once the complaint is filed, the other parent will be officially served to ensure everyone is aware of the situation.

Mediation may come next. This is a time for both spouses to come together and agree on a parenting plan. A good parenting plan should outline how both parents aim to care for the needs of the child. It should determine with whom the child will stay, visitation arrangements, and where the child will attend school, among other topics. The mediation period is a chance for parents to collaborate and settle issues outside of court.

If a resolution is not found during mediation, it will have to be resolved in the courtroom. This is where your case will be presented before a judge. Judges will consider the relationship each spouse has with the child, work schedules, the cooperation level of the parents, and many other factors. A family law attorney can help you prepare for court proceedings.

Child Support

Parents are almost always responsible for paying child support after a divorce that involves children. The purpose of this support is to provide for the living expenses and needs of the child. North Carolina child support guidelines outline how the support is calculated. The first step is to determine which worksheet to use, according to your custodial arrangement.

For example, if your child intends to live with one parent for less than 123 days in the calendar year, you should use worksheet A. If the child intends to live with each parent for at least 123 days of the year, you should use worksheet B. Worksheet C exists for split custody purposes. Once you have the correct worksheet, you should determine the gross income of each spouse. This should include all income, W-2 wages, insurance benefits, capital gains, etc. You should also consider the costs of work-related childcare, health insurance for the child(ren), and any extraordinary expenses.

While most cases fall under the child support guidelines, that is not always the case.  Further, other exceptions may apply, and if they do, you should deduct them from the calculation. An experienced family law attorney can help you calculate the amount and answer any questions you have along the way. Each case is unique, and the amount will vary.

Domestic Violence

North Carolina defines domestic violence as any form of abuse that happens between two people in a personal relationship. This could be former or current spouses, parents and children, people who are or were in a dating relationship, or people who are or have lived together. Chapter 50B of the North Carolina general statutes outlines civil domestic violence.

Men and women can both be victims of domestic violence, and it often requires an experienced family lawyer to help resolve the issue. If you have suffered from a history of abuse, neglect, or violence, you should contact a lawyer for help immediately.

Choosing the Right Family Lawyer

Choosing the right family lawyer is perhaps the most important step in your legal case. There are several things to keep in mind when deciding on a lawyer. You should thoroughly review an attorney’s experience and past cases. Avoid the temptation of selecting the first name that comes up in your search. Read online reviews and testimonials, speak to people who may have connections to the law firm, and check social media pages for information.

You’ll want a lawyer who is honest and can communicate effectively. Communication, efficiency, and reliability are important traits to look for in a lawyer. Additionally, you should inquire about the lawyer’s fee structure before signing a contract. You should know if the lawyer charges a flat fee, contingency fee, or an hourly fee. Educate yourself as much as you can before you make a decision.

FAQs About Charlotte, NC Family Law

How Much Is a Child Custody Lawyer in North Carolina?

A child custody lawyer in North Carolina can vary depending on a multitude of factors. One key factor to consider is the fee structure of the family lawyer. The more complex the case, the higher the fees could be. You should also consider the number of parties involved in the case and the effectiveness of their communication. The challenge of coordinating with multiple parties can increase the costs.

What Rights Does a Father Have in North Carolina?

Fathers have the same legal rights that mothers have in North Carolina. This applies to child custody, child support, and visitation. There is no rule stating that mothers should be awarded custody over fathers. In child custody cases, a judge will consider what’s in the best interest of the child, and each parent will be considered equal unless there is evidence of abuse or neglect, or other factors deeming them unfit parents. Fathers have an equal chance to win custody of their children.

What Does a Family Law Attorney Do in North Carolina?

A family law attorney in North Carolina can help clients in several ways. Family law is a complicated field that encompasses a vast assortment of legal issues. A lawyer can provide necessary legal advice, answer any legal questions, and help develop a strategic plan to help families get the results they desire. They can help with divorce cases, child custody, child support, alimony, domestic violence, and any other areas that involve family legal concerns.

What Makes a Parent Unfit in North Carolina?

There is no specific criteria to automatically deem a parent unfit in North Carolina. These types of conclusions are made on a case-by-case basis. Each case is unique, and the courts will determine a parent’s fitness based on the circumstances.

The Legal Support You Need for Your Family Law Case

Whether you are dealing with a divorce, child custody, property distribution, or domestic violence case, you need the help of a family law attorney. These types of cases can lead to life-changing consequences for you and your family members. It’s important that you have the right attorney on your side representing you.

The legal team at Lehnhardt Price Family Law is ready and able to provide the legal support you need. We have faithfully served North Carolina residents for decades, and we’re passionate about bringing customized legal solutions to members of our community. With our legal team on your side, you can rest assured that every legal avenue will be explored and that you will get the representation you deserve. Contact us today to speak with a member of our team.

Charlotte Family Law Attorney Resources:

• What Is the Average Child Support Payment in North Carolina?
• North Carolina Common Law Marriage
• 13 Factors Courts Consider When Determining Child Support in NC
• Domestic Partnerships vs. Marriage in North Carolina