Charlotte North Carolina Family Law Attorneys Clients involved in family law disputes need both personal and professional support through times that are highly emotional, yet require calm and reasoned decision-making. At the law firm of Krusch & Sellers, P.A., our family law attorneys provide clients throughout North Carolina with legal representation in the following areas:
Alimony and Post Separation Support- Along with child support and visitation agreements, alimony and post-separation support are things that must be considered before reaching a divorce settlement or legal separation. Alimony is support paid by a "supporting spouse" to a "dependent spouse". No guidelines exist in North Carolina for determining how much or how long alimony is to be paid, and thus are subjects of much negotiation and agreement. Post separation support is like alimony, but it is usually paid after legal separation until an alimony agreement or a court determination is made. Both Post-Separation Support and Alimony may be based on a number of factors, including: - Length of the marriage
- Age of each spouse
- Health of each spouse
- Educational levels of each spouse
- Income of each spouse
- Standard of living spouses enjoyed during the marriage
- Other financial resources of each spouse
- Marital fault issues
We can help you determine whether alimony or post separation support is an issue in your situation and, if so, what amount and term would be fair to pay or to receive. Contact our office to learn more. Child Custody - One of the most difficult issues facing parents who are separating is determining how their children are going to be parented. In Mecklenburg County, parents who file court proceedings where custody is requested are required to attend parent education classes and participate in the court-sponsored child custody mediation program. While many parents are able to resolve custody issues through mediation, the court is available to decide those issues if parents are unable to agree. Our philosophy is that it is normally best for your children if you and your spouse reach an agreement about a parenting plan. We offer many years of experience successfully litigating custody claims in court. We can help you decide what is best for everyone involved. Child Support - Child support is generally ordered by the court in situations where a child lives with one parent instead of both. All states, including North Carolina, have guidelines by which courts determine child support. These guidelines attempt to approximate the proportion of parental income that would have been spent for support of the child if the family had not been divided by divorce. Courts plug numbers into the formula and come up with an amount of support to be paid for the child or children. Child support guidelines are not the exact method of calculating child support in every situation and parties can argue that-because of special circumstances-a court should order more support or less than a guideline amount. Generally speaking, for parents who earn combined annual gross incomes of $240,000 or less, support is determined in accordance with the North Carolina Child Support Guidelines that take into consideration many factors, including: - Incomes of both spouses
- Number of children involved
- Work-related child care expenses
- Cost to maintain health insurance
We can help you obtain child support and help assure that the amount you are paying or being paid is fair and in accordance with North Carolina law. Contact us for help. Absolute Divorce - Absolute divorce is the legal process by which a marriage is terminated. In North Carolina, the vast majority of divorces are uncontested immediately preceding the date of the filing for divorce if: - One or both spouses have resided in North Carolina for at least six (6) months.
- Spouses have lived continuously separate and apart from one another for 12 consecutive months
A contested divorce occurs when spouses cannot agree as to whether the residency requirements have been met or whether the parties have been separated the required amount of time. Equitable Distribution- Equitable Distribution is the name of the process whereby assets and liabilities are divided and distributed between separating or divorcing spouses. While the presumption is that all marital property and debt will be equally divided between the spouses, there are many instances where an equal division may not be equitable, such as where one of the spouses has large separate property holdings or has much more income than the other spouse. In today’s world, dividing a marital estate at the time of a divorce has become an increasingly complex process. Divorce is no longer simply a matter of identifying and dividing property. Today’s divorce client requires the knowledge and expertise necessary to examine and evaluate issues relating to business interests; identification and valuation of 401(k)s, pensions, stock options, and other executive severance plans; and analysis of estate planning issues such as trusts, life insurance trusts, and family limited partnerships. When dividing a marital estate, the court may consider any number of factors including: -
Length of the marriage -
Separate assets and debts of the parties -
The incomes of the parties -
Tax consequences -
With which spouse children reside -
Economic fault We can assist you in determining what a fair settlement would be and in achieving that result either by negotiation or litigation. Contact our divorce attorneys for more information. Divorce Mediation - Most disputes over child custody and support or marital property in a divorce can be resolved without going to court. Alternative Dispute Resolution (ADR) methods such as divorce mediation, involve a neutral third-party mediator acting as a facilitator helping to resolve disputes between spouses. In this non-adversarial approach to conflict resolution, spouses generally communicate directly and work together to generate settlement options that consider the best interests of both spouse. The role of the mediator is to assist them in staying focused on the real issues of the dispute, and arrive at a mutual understanding. ADR provides a viable option for those who prefer to stay out of court and has many potential advantages, including: - Reduced cost
- Efficient resolution
- Less emotional stress
- Control over the results
Firm founder Alan R. Krusch has practiced law in North Carolina since 1977 and is a Board Certified Specialist in Family Law by the North Carolina State Board of Legal Specialization as well as a certified Superior Court mediator. He devotes a substantial amount of time each year to continuing education and advanced training, and is a staunch advocate of mediation. Collaborative Divorce - One of the newest methods used in the resolution of divorce issues is the collaborative divorce where spouses and their lawyers commit to avoiding litigation and deal with one another on a fair, honest and cooperative basis. While Collaborative Divorce is not for everyone, many families can greatly benefit from the process. We can help you make the right choice. Premarital Agreements- Not everyone getting married needs a premarital or prenuptial agreement. If you have been married before and have separate assets you wish to protect, or if you have children from a previous marriage who you want to provide for, a premarital agreement can assist you in achieving your goals. We can help you to understand whether a premarital agreement is right for you. Legal Separation- Many times, spouses are able to resolve their financial and marital issues without the need to go to court. A separation agreement is a formal settlement document prepared by your attorney that resolves all of your marital and financial issues. Many times, a property settlement agreement is included with the separation agreement to resolve issues of division and distribution of property and debt. We can help you to determine whether such an agreement is in your best interest and prepare an agreement that meets your particular needs. Adoption - Many people choose to become stepparents by adopting the stepchildren from a spouse's previous marriage. Step-parent adoption offers a healthy way to bring families together, help ensure continuity and add security in the lives of the children. Changing names is also a simple, effective way to blend family members as a whole by sharing a family name. We help guide clients through the adoption process, and also provide assistance with legal name changes. Contact us at our Charlotte, North Carolina, offices today and schedule a confidential consultation to discuss your family law needs. Krusch & Sellers, P.A.
Attorneys at Family Law5950 Fairview Road, Suite 808
Charlotte, N.C. 28210
Toll Free Telephone: 1-866-267-6809
Telephone: (704) 315-2452
Fax: (704) 553-7824
Email Us Today Serving the SouthPark area, including Weddington, Waxhaw, Hemby Bridge, Marvin, Wesley Chapel, Matthews, Monroe, Ballantyne, Cabarrus, Lake Norman, and Gaston County in North Carolina, as well as Lake Wylie, Clover, Palisades, and York in South Carolina.
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