Charlotte Family Law Blog

Temporary restraining order laws in North Carolina

If you are worried about abuse or are suffering from abuse that is perpetrated by someone that you know, there are laws in place to protect you in North Carolina. It is important, therefore, that you take action to protect yourself and your loved ones.

It is possible to seek a temporary civil restraining order in North Carolina. This can be done by anyone who is being abused physically or emotionally. The restraining order does not mean that you are trying to get the perpetrator of the abuse sent to jail, but instead, you are simply making sure that you get relief from the abuse.

Thinking about gray divorce?

When you are walking down the aisle toward your future spouse, you plan for a lifetime together. After 30 years, you may start to wonder just how long that “lifetime” is going to be, and whether the person across the table at breakfast still has the same vision for the future.

For some, the desire for an aging couple to get a divorce may seem confusing. The feeling, however, is no different from any other separation. The people around you question why now and what went wrong and whether you have done this or that to fix it.

How to prepare for a divorce

You will likely never be completely prepared to take the steps to file for a divorce. Filing for a divorce is a step into the unknown, and that is a scary and courageous move for anyone to take. But taking the steps to file a divorce is also the act of making a pledge to strive for a better life for both you and your children.

You will need to prepare for a divorce both from an emotional and a logistical perspective. Both are equally important to work on, and both will help you gain the stamina to get through the entire divorce process.

Understanding the key benefits of divorce mediation

One of the most difficult parts of a divorce is the emotional strain that it can put both spouses under. While some level of conflict or alienation is nearly impossible to avoid in the divorce process, it is also true that the relationship between you and your divorcing spouse can be made a lot easier through mediation.

Mediation is a specific way of approaching divorce that can potentially help divorcing partners to avoid lawsuits. A neutral party will help you and your spouse look at the key issues and obstacles that you have in the divorce, listening to your individual needs and concerns. In response to this, they will try to help you come to compromises that reduce conflict and create a path in which to move forward.

Taking action to protect your grandchild's safety

Often grandparents find it difficult to accept that their grandchildren are not legally theirs. They may love them as though they were their own, and as a result, they will have certain beliefs and expectations regarding how they should be raised.

The reality is that grandparents do not automatically have legal custody of their grandchildren. However, there can be times in which they will feel it is necessary to intervene in order to protect their grandchild's safety.

How domestic violence affects divorce proceedings

Violence in any relationship should never be tolerated under any circumstances, especially within a marriage. It is important to know that there are many legal protections in place for victims of domestic violence in the state of North Carolina. Studies suggest that violence occurs at least once in 66 percent of all marriages, which shows the worrying prevalence of abuse in relationships.

In the state of North Carolina, it is possible to file for divorce in two ways. One way is to file for a no-fault divorce, usually through the citation of irreconcilable differences. Alternatively, it is possible to file for a fault-based divorce, which means that you are blaming the other spouse for the breakdown of the marriage. In order to successfully do this, you must show that the other spouse committed an act such as abandonment, adultery or domestic violence.

When to request a child support modification

If you are a custodial parent in the state of North Carolina, it is very likely that you will be somewhat dependent on child support from the other parent. Gaining child support can help with many different aspects of parental life, from giving your child proper nutrition to putting them in day care. But there can be times when parents believe that they are not receiving enough financial support.

If you are already receiving child support payments, you may be able to request a child support modification in order to increase the payments. However, in order to do this successfully, you must be able to show that there has been a change of circumstances that makes a child support modification necessary and fair.

What is a homewrecker lawsuit?

Divorce is hard, but when a third party gets involved in your marriage and it ends, the pain is even worse. Maybe you had an overbearing and meddling mother in law who never liked you from the start, and she chipped away at your marriage in various ways resulting in its demise. Or perhaps you or your spouse were married before and have kids from that marriage, and that ex continually meddled in your marriage and personal family affairs to the point where everything fell apart.

How can I benefit from an uncontested divorce?

If you are considering filing for a divorce in the state of North Carolina, you may be starting to assess your potential options before deciding to take action. This is a very wise strategy because it can help you to prepare emotionally while you establish a game plan.

One of your primary concerns during a divorce is likely to be protecting your children. You will want to make sure that your children will be affected minimally, and much of this will depend on the way that you interact with your divorcing spouse. Going through an uncontested divorce can be very beneficial from this perspective because it will facilitate an amicable parting of ways. In addition to this, there are several other benefits to going through an uncontested divorce in the state of North Carolina.

Threats of abuse and North Carolina child custody cases

If you have recently gone through a separation in the state of North Carolina, you may currently be concerned about how custody will be shared between you and the other parent of your child. If you are worried about this, it is important that you pay attention to state-specific laws. This is because they often govern key aspects of child custody decision-making.

In the state of North Carolina, there are several factors that courts pay attention to when establishing what setup is in the child's best interests. If you believe that the child is not safe within the care of the other parent, it is important that you highlight the reasons why you believe this.


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Warren Family Law
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