Divorce Lawyers in Gastonia, NC, Protecting the Best Interests of Clients

One of the most traumatic experiences an individual can have is obtaining a divorce from their spouse. No one ever wants to believe that they will one day need a lawyer to help them sort through the mountain of legal issues that accompany divorce cases. If you and your soon-to-be former spouse own property or have children in common, it can make the issues even that much more complicated.

Often a lawyer must also take on other aspects that accompany cases involving divorces, such as child support, child custody, or separation agreements. In addition, many clients need to be aware that divorce cases fall under the heading of family law.

If you are going through the divorce process or simply want to know your legal options, you will need an experienced attorney to assist you. Contact our law offices to schedule a confidential consultation to discuss your case. In addition, a qualified legal team member will gladly meet with you to evaluate your family law case and explore your legal options.

Does North Carolina Have Legal Separation?

North Carolina does not require couples to obtain a legal agreement to be considered separated. The only stipulation is that couples must live apart from one another in separate residences. Therefore, even if you do not consider you and your spouse to be a couple, you cannot live in the same home and be considered separated. Additionally, either you or your spouse must intend for the separation to be permanent.

Nevertheless, some couples do find it necessary to go through the legal process of drafting an agreement detailing who will pay bills, stay in the marital home, and retain custody of their children.

If you feel you need a legal separation agreement, contact the Gastonia divorce lawyers of Johannesmeyer & Sawyer, PLLC, who can assist you with your legal needs.

What is Equitable Distribution?

North Carolina law follows what is known as “equitable distribution” laws regarding dividing marital property. State law defines marital property as any debts or assets obtained during the marriage. Equitable distribution means that property, assets, and debts acquired during the marriage and even to the date of separation are subject to an equal 50/50 split between spouses.

However, there are exceptions to this rule, including any property obtained by one party before the marriage occurred or through inheritance or gifts. Inheritance and gifts obtained by one party are considered separate and not subject to equitable distribution.

Some of the factors that the court will take into account when making a decision about the division of marital property include reviewing the following conditions of each spouse:

Income earning potential.
Physical health
401K or other investments
The need or desire to reside in the marital home with children is common in marriage.

Individuals going through a divorce must understand that the court does not have to split assets equally. Equitable distribution can be adjusted based on the unique facts and circumstances surrounding each situation.

If you are still trying to figure out how marital property is divided in North Carolina, contact our divorce lawyers and ask to schedule a meeting to learn more information.

Can a Family Law Attorney Help Me Obtain Child Support?

In most cases, a family lawyer will evaluate their client’s case and determine the appropriate amount of child support.

Some of the factors that go into a court deciding child support include:

How many nights a week the child spends with each parent
The monthly gross income of each parent
Health insurance premiums that must be paid for the child
Any pre-existing child support payment obligations on the part of either parent
Work-related childcare costs

The family law attorneys of Johannesmeyer & Sawyer, PLLC, have a comprehensive understanding of how to determine child support and what amount is proper to provide for the minor child’s needs and expenses.

Additionally, our Gastonia, NC, experienced divorce lawyers can assist individuals in other family law matters, such as obtaining spousal support, advising you through mediation, and seeking fair visitation rights. Finally, if you have been a victim of domestic violence, our lawyers can advise you of your legal rights and help you take immediate action to protect yourself.

Why Should I Choose Your Law Firm to Provide Me Legal Representation in My Divorce Case?

No one ever enjoys the divorce process. On the contrary, it is often a highly contentious time in life filled with a great deal of stress and uncertainty, not just for spouses but for their families as well. For this reason, our law firm is dedicated to using problem-solving techniques to work out a resolution that will be favorable to all parties.

Our attorneys have handled many cases and have excellent negotiation skills. Choosing the right lawyer can make the difference in you being able to recover a settlement that is in your best interests instead of just recovering enough to cover costs and minimal expenses.

If you are already involved in divorce proceedings, you should hire skilled legal representation who will be bold and stand up for your rights.

Johannesmeyer & Sawyer, PLLC, of Gastonia, NC, is committed to helping individuals and their families through this difficult time and helping them resume their lives. Contact our law firm by calling 704-389-5501 to schedule a confidential consultation with an experienced legal team member who can review your case.