If you are facing divorce, a child custody matter, or a dispute over whether your former spouse should get your family’s house, life as you’ve known it can become a tailspin. All the things you’ve ever worked for and the relationships you’ve nurtured feel like they could be lost. In such difficult, highly emotional times, you need an advocate to help you make reasoned decisions and put together the best plan for your family’s future.
When you have Caulder & Valentine on your side, you have a law firm that takes your family law claim as seriously as you do. Our attorneys have over 25 years of combined legal experience, and we strive to earn the respect of our peers, colleagues, opposing counsel, and judges in and around Gastonia and Gaston County.
By taking a solutions-focused approach to each case, we prioritize your and your family’s best interests. You will always be informed about the status of your family law case, with the assurance that we are available anytime you need to discuss any issues you may be facing as things progress. Furthermore, because we maintain a low caseload, our law practice is able to prioritize quality and results; no client is ever treated as just another case number to us.
When you’re ready to move forward, we’re here to be your trusted guides. Contact us today to schedule your confidential consultation with a Gastonia family law lawyer.
What Are the More Common Family Law Matters?
Our North Carolina family law attorneys have established a reputation for handling family law matters with practicality, compassion, and commitment to every client’s unique needs. The following are the more frequent ones we handle:
This type of divorce involves issues that are in dispute, the most common of which are property division, child custody, child support, and alimony. Our lawyers can pursue a favorable resolution to these matters, whether by counseling you during mediation/negotiations or advocating for your interests in family court.
In a non-contested (or uncontested) divorce, the spouses have discussed and resolved all outstanding issues to reach an out-of-court agreement, then will ask a judge to grant the petition. We can handle the procedural matters and paperwork that comes with this process so you can get the next chapter of your life started.
If you have children under 18, you’ll want to protect your custody and visitation rights in order to preserve your relationship with them. Our attorneys can work to secure an arrangement that best meets your children’s best interests and needs.
Whether you are granted full or split custody of your child, our lawyers can work to provide an estimate of the child support payment you would receive from, or pay to, your ex-spouse. We also can help modify the terms of the child support order if you undergo a drastic life change, such as a job loss.
Under state law, shared assets and property from a marriage are typically divided equitably as part of divorce proceedings. But “equitable” does not mean “equal,” and things may not be split 50/50. We are experienced in advocating for our clients to receive their fair share of the marital assets.
You could be eligible for spousal support, or “alimony,” if you were financially dependent on your spouse during your marriage. Let our Gastonia family attorneys craft your demand for support or, alternatively, assist if you must challenge the amount of support your spouse could be seeking from you.
Known commonly as a “prenup,” a prenuptial agreement is a legal arrangement that serves to protect each spouse’s property rights and financial independence in the event of a divorce. Turn to our family law attorneys to help you craft a sound and error-free prenup that meets your specific needs.
Our firm can help arrange an ideal visitation and parenting time schedule tailored to the unique circumstances of your family, ensuring continuity in your children’s lives. We also handle matters involving court-ordered supervised visitation or denials of scheduled parenting time.
There could be a situation where you share custody of your child with your ex-spouse, but one of you wants to relocate a significant distance or out of North Carolina. This decision could impact the child custody or support orders you have in place, and our reliable lawyers can guide you on how to proceed.
Divorced or separated parents who share legal custody may disagree over their children’s education. These conflicts include whether the child should go to a public or private school and how educational and extracurricular expenses should be divided. Let us help you resolve these disputes.
Is your ex trying to alienate your children from you by withholding custody, or emotionally manipulating them to turn against you? This behavior can cause long-term damage and impact a child’s mental health and self-esteem. We can fight to protect your rights and your parent-child relationship.
If you and/or your children are in a violent or abusive relationship, you need legal protection immediately. Our compassionate family law attorneys in Gastonia can help you seek a restraining order to keep you and your children safe, bring a motion to enforce or terminate existing orders, or initiate divorce proceedings.
Under North Carolina law, paternity comes with certain responsibilities and rights, such as custody, visitation, and child support. Our family law firm can help, whether you seek to establish your rights as a father or want the father of your child to comply with their obligations.
If you’re ready to bring a non-biological child (or children) into your family, the adoption process in North Carolina can be a complicated one. Our lawyers can guide you through each stage, handle the paperwork, and navigate you through any potential legal roadblocks or red tape you may encounter.
If a member of your extended family is a minor and their parents cannot care for them (such as personal or medical issues or death), we can guide you through the guardianship process. This can ensure that a trusted family member will provide the child with the support, protection, and care they deserve.
Grandparent seeking visitation or custody of their grandchild(ren) often face legal complexity. One key issue is demonstrating that they have a strong relationship with the child or that a parent is unfit or unable to provide the child with a safe and stable environment. If this is happening to you, let our reputable family law lawyers in Gastonia be your advocates.
An annulment effectively voids a marriage, declaring that it never took place. Common reasons include bigamy, incest, fraud, one party being too young to marry, or both parties lacking the mental capacity to enter into marriage. A family law attorney can help you prove that your marriage was never valid.
What Are the Basics of Divorce in North Carolina?
North Carolina is considered a no-fault divorce state. This means that those who wish to divorce need not prove marital misconduct, such as infidelity or abuse, before a divorce can be granted. The only requirement to end a marriage is proving that the union is irreparably broken. As long as at least one spouse voices this sentiment, the marriage can be dissolved as a matter of law.
In accordance with the state’s statutory divorce laws, there are two threshold legal requirements you must meet in order to obtain a no-fault absolute divorce:
- The couple must have been physically separated for at least one year; and
- At least one spouse has resided in North Carolina for at least six months prior to filing.
An alternative resolution to an absolute divorce in North Carolina is a “divorce from bed and board.” Although the word “divorce” is used in its name, this court order is not technically a legal divorce; it is a judicially sanctioned separation.
At Caulder & Valentine, we can assess your situation to determine the next steps in the divorce process and explain your rights. Contact us today to schedule your initial consultation.
If I Am Getting Divorced, Will My Spouse and I Each Need to Pay for an Attorney?
In general, you and your spouse need to hire your own lawyer for a divorce. By having separate legal counsel, you avoid conflicts of interest as well as maintain your best interests. Even in an uncontested divorce, you should have individual attorneys because a shared attorney cannot ethically advise or advocate for both you and your soon-to-be ex impartially.
However, you may be able to petition your spouse to pay your attorney’s fees if you meet certain requirements, such as the following:
- As a dependent spouse, you receive little or no income or your spouse because you are, for example, a homemaker or stay-at-home parent
- Your spouse has removed you from all shared accounts or opened a separate account, which would leave you with little or no money
- Your spouse is causing litigation to drag out unreasonably, thus increasing your legal fees
What Property Distribution/Asset Division Issues Often Arise in a Divorce?
Property and asset division is often the most complex part of a divorce. This is because all of the property, assets, and debts must be discovered, documented, and appraised, then be placed into one of the following three classifications:
- Marital property, which are the things the spouses acquired during their marriage
- Separate property, which are things each spouse acquired before marriage, as well as during the marriage as a gift or inheritance from an outside party
- Divisible property, which are any of the couple’s assets that either depreciated or appreciated in value after the date of separation
The more common forms of marital property include the following:
- Real estate obtained during the marriage
- Vehicles bought during the marriage
- Joint investments and bank accounts
- Retirement accounts and pensions that grew during the marriage
- Businesses formed or acquired during the marriage
- Incurred debts, such as credit cards or loans
As an equitable distribution state, North Carolina does not impose a strict 50/50 split of assets between divorcing spouses. Instead, courts rely on fairly distributing marital property based on various factors, including the following:
- Duration of the marriage
- Each spouse’s specific economic circumstances
- Their contributions to the marriage, such as childcare, career-building support, and homemaking
- Interest in retaining particular assets — especially the marital home — when minor children are a concern
- How each spouse contributed to the procurement, enhancement, and production of income or the improvement of marital and non-marital assets
- Any other relevant factors that the court may deem necessary to ensure just and fair distribution
