Mediation and arbitration can be a great way to solve traditional legal disputes and can be a less expensive, quicker and more pleasant process than litigation. Mediation and arbitration are considered an informal proceeding in the sense that the parties are not situated in a courtroom with evidence and testimony being presented on the record. These alternatives are not exactly the same and it is important to understand the difference. Mediation has a trained independent third party with no … [Read more...]
Archives for April 2021
Determining alimony in North Carolina divorce cases
Divorcing couples in North Carolina and around the country are often unclear about how alimony is calculated. This is a contentious issue that can derail divorce negotiations and lead to protracted legal battles, but understanding why alimony is ordered and how judges approach the matter could help spouses to avoid this pitfall. Discussing the topic unemotionally is especially important when the spouse initiating divorce proceedings will be receiving alimony payments or one spouse earns … [Read more...]
The Relationship Between Drunk Driving and Divorce
Driving under the influence of alcohol is a problem not just in Charlotte, North Carolina, but also across the United States. The problem has become such a societal burden that Utah has decided to lower its blood alcohol concentration limit to .05%, departing from the .08% limit enacted across much of the country. Additionally, many advocates for safer driving conditions are championing efforts to enforce stricter drunk driving laws and strengthen penalties to include the mandatory installation … [Read more...]
Custody and visitation rights for fathers
Unmarried or divorced fathers in Charlotte might struggle to get the custody arrangement they want with their children. Over 80 percent of custodial parents are mothers, and this suggests that courts still favor them in child custody cases. Fathers may also fall behind on child support or be blocked from seeing their children altogether if the mother files a protection order. Some of these situations could have a severe effect on a father's life. For example, one father who fell behind … [Read more...]
Domestic Violence and How to Obtain A Protective Order
Domestic violence is not a topic that is easy to discuss. But the statistics on its prevalence are staggering and show the need to face this serious issue. On average, nearly 20 people per minute are physically abused by an intimate partner in the United States. During one year, this equates to more than 10 million people. 1 in 4 women and 1 in 9 men experience severe intimate physical violence, intimate partner contact sexual violence, and/or intimate partner stalking. In NC, the … [Read more...]
What Are Your Rights When Your Spouse is Abusive? Domestic Violence Protective Orders (50B)
Being a spouse or partner in an abusive relationship is a very difficult situation for you and your children. Not knowing where to turn or what rights you have to protect yourself and your family can be painful as you try to do the best you can. The state of North Carolina provides protection for people in this situation through the courts – Domestic Violence Protective Orders, which are also called a “50B,” or Restraining Order. A Restraining Order, is signed by a judge and orders your … [Read more...]
You’ve Decided to Divorce – Now What? Should You Move Out
The holidays are over and you have reached the decision to separate and get a divorce. First, you are not alone as couples that decide to separate often do so right after the Holiday Season. Although you cannot actually file for a divorce until after you have been separated for over a year, couples might be more likely to separate in January than in other months. There are a few reasons for this. One, people do not want to divorce or separate during the holidays. This may be particularly … [Read more...]
You’ve Decided to Divorce – Now What? Handling Your Finances
The holidays are over and you have reached the decision to separate and get a divorce. Although you cannot actually file for a divorce until after you have been separated for over a year, couples might be more likely to separate in January than in other months. If the day has finally come that you and your spouse need to call it quits, you might be wondering what to do next. Should I move out of the house? (covered in a previously blog post you can read here) How do I handle my … [Read more...]
Taking the Concern of Money and Property out of your Marriage: Why you should consider a Pre-nup and Post-nup Agreement
You have found the love of your life and are planning your marriage (or you are currently married to the love of your life – congratulations - in which case you may need a post-nuptial agreement as described below). While you plan for your life ahead, including the wedding, you might be thinking about all the “stuff” you both have and how you would like to protect it … just in case. That’s what a pre-nup agreement does, right? Most people believe that a pre-nup agreement is a way to … [Read more...]
A legal separation can make your divorce easier
If you are thinking about ending your marriage, you may be wondering if you should have a legal separation in place while your divorce is in process. While some couples separate for a time and either move forward with a divorce or try to reconcile, these are usually not cases of legal separation. When you opt for a legal separation, you will have to obtain a court approved agreement that details the terms of the separation. In order to make your separation legal in the Charlotte area, you … [Read more...]
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