Approximately 17% of children, or one in six, have one or more developmental disabilities such as ADHD or autism spectrum disorder (ASD). The challenges of raising an autistic child or a child with other special needs can become greater during a divorce. Devising a strong custody arrangement and parenting plan is essential to protect the …
North Carolina Special Needs Custody
If you are trying to determine custody when you have a special needs child it is not easy. There are several factors that the courts must weigh before custody can be established, and you need to understand each of these factors. These factors include handling disabilities, such as managing social security disability income, special educational …
North Carolina Emergency Child Custody
In Charlotte, a parent, or other interested party, is allowed to petition the court for an emergency child custody order or ex-parte order. In situations where you believe an emergency exists, there are specific elements that must be met. If a child’s health or safety is at risk in their current environment, or if there …
5 Myths of Military Divorce in North Carolina
When it comes to divorce, there are a lot of myths out there. And when you’re in the military, those myths can be even more damaging. That’s why we’re here to bust some of the biggest myths about military divorce in North Carolina. Military divorces present many unique challenges that are not present in civilian …
Does My Child Custody Case Have To Go To Court?
In 2018, there were 3,899 divorces in Mecklenburg County (which includes Charlotte, North Carolina). The year 2018 saw an increase in the number of divorces from 2017, which had 3,256 divorces. These numbers indicate that North Carolina ranks at number 19 for states in which divorces occur. According to recent surveys, divorces that involve children …
How Out of State Visitation and Child Custody Works
Securing primary custody of your child after a divorce is a great victory, but there are often conditions you must abide by from a court order to maintain that custody. Most are obvious, like no domestic violence, but there are some unexpected obstacles you may not see coming. For example, moving out of state can …
How to Determine Child Custody for Unmarried Couples
Determining child custody for unmarried couples involves establishing legal parental rights and addressing child support, visitation, and custody agreements to ensure your child’s best interests are met. For example, if you are the father of your child, you still need legal proof of being your child’s biological parent. A Virginia custody and visitation lawyer will give …
Steps For Fathers To Win Their Child Custody Battle
What Steps Can A Father Take In A Child Custody Battle? In the case of child custody, it is not about winning or losing. Your child is not a prize in a game. They are precious to you, and you very naturally want full custody. You believe you are the right person to raise and …
Does Divorce Nullify a Will?
Would you want your ex-spouse to maintain a power of attorney if you were to have an accident or get seriously ill? If you have gotten a divorce recently or you are planning to get one soon, it may be worth revisiting your estate planning to avoid unpleasant surprises. At Melone Hatley, P.C., our divorce …
5 Steps to Talk to Your Parents About Their Divorce
Divorce affects the entire family, not just the parents. If your parents are going through divorce or separation, then you know this is true. Talking to one or both of your parents at times could be challenging due to the changes and emotions you’ve gone through. One way to get over this uncomfortable time is …
7 Steps to Ask Your Spouse For Divorce
You’ve tried for years, but no matter what you do, you can’t get it to work. You want to divorce your spouse, but how can you talk divorce with your spouse without offending them or starting a full-scale conflict? No optimal approach to ask for a divorce exists. When telling their spouse they desire a …
Grounds for Divorce in Virginia
If you and your spouse are not getting along in your marriage, and there is no way to resolve your issues, it may be time to think about divorce. Going through Virginia divorce, however, can be very stressful and painful to all involved. First, you need to determine the grounds for divorce before officially filing. …
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After a Divorce in Virginia Who Gets the House?
Going through divorce can be an emotional and painful process. You might be anxious about what will happen to your assets, particularly the marital home, once your divorce is finalized. Virginia divorce laws identify what property may be subject to equitable distribution between the two of you, and what property may remain separate. Continue reading …
7 Steps to Separate your Life in the Divorce Process
There are a lot of things to accomplish when you are going through divorce and starting your new separate life. Step 1: Safeguard Your Credit One of the most important steps you can take is to safeguard your credit. You want to think about getting a new credit card in your name so that you …
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10 Things You Must Do Before You File For Divorce
At Melone Hatley, PC, we understand that going through divorce is never easy. However, there are some steps you can take today to ease the burden and properly plan, so you don’t have a long-drawn-out process. Here is a list of 10 things we think is crucial to help you: 1. NEVER Threaten Divorce Until …
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A Guide to Divorce in Virginia
The end of matrimony can be a stressful, unpleasant time that can do irreparable damage to relationships and even your personal psyche. Sometimes, however, it can also be a time for celebration if one manages to escape an abusive spouse. Either way, it requires hours of paperwork and can be time-consuming, particularly if the divorce …
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Do I Need a Separation Agreement in Virginia?
Unlike many other states, legal separation in Virginia is not granted by the courts. Instead, a husband and wife, wishing to separate and divorce, may simply live apart, even under the same roof. It is strongly advised, though, that they enter into a separation agreement, also called a marital settlement agreement or property settlement agreement. …
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Mental Health Issues in Custody Cases
In recent years there has been a sharp increase in accusations of mental health issues in child custody cases. Parents who have a history of any mental health diagnosis are often faced with attacks based on their condition when requesting custody. What impact does having a diagnosis actually have on your case? Mental Health Diagnosis …
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