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The end of a marriage can be contentious, but it is important to note that a contested divorce does not always mean an ugly, hostile affair. An experienced divorce attorney could work to get the best possible outcome for issues in dispute, like child support or alimony.
The right approach allows you to navigate the legal system and resolve the issues you cannot agree on with your spouse without extensive delays or avoidable hostility. Let a Charlotte contested divorce lawyer assist you with securing the best possible outcome.
One of the fundamental steps in a contested divorce case in Charlotte is the division of marital property. This is also one of the areas that is most likely to require contested proceedings. Both sides are likely to disagree on how things should be divided, not to mention what property is even considered marital to begin with. This determination is important, as the courts only have the power to divide marital as opposed to individual property.
North Carolina has adopted an equitable distribution standard, which tasks a judge to divide marital assets equitably. That means one side might get more than another if this leads to a fair outcome.
In addition to dividing marital assets, the judge is also tasked with splitting up marital debts. The same concept of equitable distribution applies. The debts that were held jointly by the coupled are divvied up by the courts at the same time that asset distribution is handled.
Some of the most contentious proceedings involve disputes over a shared minor child. Making arrangements for the care of a juvenile can be challenging when parents are divorcing. It is one of the few issues that can arise during these cases that the parties cannot work out by themselves.
In Charlotte, the law favors parents sharing joint custody of their children. This allows both parties to continue building a relationship with their kids and play a role in how they are raised. This might be the preference, but neither spouse is entitled to visitation or custody. The court can limit contact if they determine that doing so is in the child’s best interest.
Child support follows the same guidelines in that the judge’s decision is driven by what is best for the juvenile. The parent that is awarded primary custody is often entitled to financial support based on the expenses they cover when the child is with them. The courts use a formula to come up with proposed monthly payments, which a judge can increase or decrease based on other factors. A trusted Charlotte contested divorce attorney could help a parent protect their rights and determine the cost of child support they may owe or be paid.
If you cannot resolve every major issue with your spouse, your divorce is likely to be contested. This means you can expect to litigate some of these issues. Call today to learn how a Charlotte contested divorce lawyer could help you with your case.
Charlotte Family & Divorce Lawyers and Immigration Attorneys
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