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Articles Tagged with Charlotte Divorce Lawyers

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Virtual School and Online Learning is new to just about everyone in Charlotte.  LAWYERS WHO HANDLE FAMILY LAW CASES IN CHARLOTTE NC

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.

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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 Lawyers who handle divorce cases in Charlotteto 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.  

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Nationwide, January 6, 2020 has been informally designated as “Divorce Day.”  Charlotte divorce lawyers anticipate a sharp DIVORCE LAWYERS IN CHARLOTTEincrease 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.

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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.  When is the best time to get divorced?

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.”

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Div12-200x200At first blush, the North Carolina law requiring a one-year separation period before a court can grant divorce has some saving qualities. One might view the law as creating the space and time for couples to reconsider divorce, which is especially important when children are involved. However, for certain individuals, the one-year waiting period is quite a burden.

One-Year Waiting Period May be Incompatible for Certain Marriages

A 33-year-old woman living in North Carolina separated from her husband and was able to provide solid evidence to a court to warrant a restraining order. Included in her evidence were photos of injuries she claims she sustained from the abuse of her husband. Even with a documented history of abuse and a restraining order, the woman must wait one year before seeking a divorce. During the interim, she had to pay her  husband’s health insurance. She also had to endure the psychological distress of knowing that the person who allegedly abused her was legally recognized as her husband. Possible abuse victims like this woman fear for their safety when the state requires prolonging a legal relationship, which brings them pain and suffering. The issue with the one-year waiting period is not limited to psychological pain. Like the woman’s payment of her estranged spouse’s health insurance, sustained legal recognition of the marriage carries certain obligations and requirements abuse victims should not have to maintain. In one respect, the obligation may prove unethical and dangerous.

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Div11-200x200In the United States, divorcing parties, depending on their state of residence, are subject to equitable distribution or community property rules as it relates to the division of their property. Most states adhere to equitable distribution standards while a minority of states observes community property rules.

Community Property States


Community property encompasses assets that were acquired during the marriage, but excluding gifts and inheritances. Community property does not consider the named owner on the title of the property. It only takes into consideration that the property was acquired during the marriage thus included in the “marital community.” A minority of states adheres to community property rules during divorce proceedings including Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin, Arizona, California and Alaska (by agreement).

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Divorce8-200x200North Carolina Permits Fault and No-Fault Divorce


When it comes to grounds for divorce, North Carolina is a hybrid state. It permits filings for both fault and no-fault divorce actions. It is important that divorcing parties are aware that North Carolina is a no-fault state as no-fault normally provides individuals with a speedy and egalitarian divorce proceeding. A contentious marriage or parties who have viable legal grievances against one another may not agree to a no-fault divorce proceeding. Therefore, knowing the differences between the two grounds of divorce is valuable to all parties involved. Under North Carolina law, the two broad bases for fault divorce are marital misconduct (i.e., adultery) or incurable insanity.  The complete definitions of both broad grounds are defined via legal precedent and legislative interpretation. In the alternative, no-fault divorce is clearly stated under statute. Under the no-fault divorce statute, both parties must have resided in North Carolina for six months or more. The parties must also live separate and apart for one year.

One Year of Separation

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Mediation3-200x200What is Mediation?


Mediation is an out-of-court alternative dispute resolution method that takes the place of tradition in-court proceedings. Mediation focuses on collaboration and discovering common ground within a dispute. Generally, mediation is a voluntary process; however, some states mandate mediation as a starting point for certain disputes. Even though mediation is generally a voluntary process, the agreement that is drawn as a result of the mediation is binding on all parties involved. Mediation has grown to become a workable dispute resolution process for separating and divorcing parties.

The goal of mediation is to create the best possible outcome utilizing fairness and strategies that will facilitate harmony in long-term relationships. Parties who engage in the mediation process will find that it is less adversarial and more equitable. Further, parties are able to reach their settlement goals more readily when they opt for mediation.

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DivDocument-200x200The common perception of divorce is generally negative. Pop culture is rife with depictions of nasty divorces and spouses bickering over every single possession. Children are often caught in the crossfire, as their parents fight bitterly to take everyone possible from their former partner.

In order to avoid a costly and lengthy divorce battle in the courts, an increasing number of spouses are taking advantage of settlement negotiations. Using techniques from alternative dispute resolution, the settlement negotiation process helps amenable spouses work together to isolate a mutually beneficial solution to divorce.

The following sections will provide an overview of the settlement negotiation process in North Carolina.

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DivDecr-200x200Today we will explore the North Carolina approach to collaborative divorce. Established in 2003 via amendment to the North Carolina General Statutes, this legal process leverages alternative dispute resolution to help spouses complete the divorce process as quickly and efficiently as possible.

How Does North Carolina Define Collaborative Divorce?

In Chapter 50, Article 4 of the North Carolina General Statutes, we can find the state-specific definition for collaborative divorce, which is referred to legally as collaborative law.

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