Perhaps the most technically and legally complex aspect of a divorce, equitable distribution claims are the court’s way of dividing your assets and debts fairly. Whether it’s complicated matters like dividing pensions and other retirement vehicles, stock holdings, and intermingled separate property, or more sentimental (but often equally important) matters like family heirlooms and childhood belongings, we have navigated our clients through this difficult process over and over again with successful results.
Not all cases need to be litigated. In many cases, a private contract called a Separation Agreement and Property Settlement can be negotiated and executed comparatively quickly and without spending time and resources in the courtroom. Financial issues including Equitable Distribution and Alimony can be resolved with finality through this process. We have successfully resolved a great number of cases with Separation Agreements and look forward to determining if this is the right way to manage your case.
Spousal Support One of the most frequent questions we are asked relates to the amount, duration, and manner of post-separation support and alimony. This is a complex analysis and it is important to consult with experienced lawyers to arrive at proper answers. Unlike child support, there are no guidelines in North Carolina for determining spousal support, and an in-depth examination of your personal finances, your monthly expenses, and the standard of living you were accustomed to during the marriage.
In North Carolina, filed claims for both Custody and Equitable Distribution are subject to mandatory mediation. Custody mediation is regularly conducted in the courthouse by a neutral mediator and attorneys are not permitted to attend. Equitable Distribution mediation is regularly conducted by a certified family law mediator selected by the parties, and parties are accompanied by their respective attorney. The mediation process in both cases is confidential and can be far less costly than litigating these matters.
When families with children are separating, child custody is, in most instances, the most important issue to be resolved. Over the course of practice, we have found that the importance of this issue cannot be overstated. McKnight Law has years of experience in this area and our attorneys will make the best interests of your children our priority.
In North Carolina, application of statutory child support guidelines can be a relatively straightforward process. However, each case is different. In some cases, the guidelines will not apply. In other cases, correctly determining appropriate income data can be critical in making certain that the support award is correct. The attorneys at McKnight Law will ensure that your child support case is handled the right way.