Divorce & Mediation

The Divorce Process

As you may know, getting divorced under North Carolina law is mostly a formality. You cannot file for absolute divorce (official dissolution of marriage) unless you have been separated for one year.

If you have a claim for alimony or division of property, it is imperative that the claim be resolved prior to the granting of the absolute divorce. Failing to file a claim before that date could quite probably result in forfeiting your rights to marital assets or financial support.

Long before the official divorce, you will need a well-crafted separation agreement to address important issues regarding your children, the family residence, your joint assets, and your financial security. If you and your spouse cannot agree on terms, it may be necessary for a judge to rule on custody, property, or financial support.

Technically, divorce is non-contested in North Carolina. A petition for absolute divorce terminates the legal bonds of marriage — even if the other spouse does not want to get divorced — if you have met the requirements of living apart for one year.

How to Avoid a Battled Divorce with Mediation

The role as a "divorce mediator" actually refers to negotiations or contested proceedings that typically take place many months or a year before you are officially divorced, which include:

  • Division of marital property
  • Child custody disputes
  • Litigation of alimony/spousal support
  • Disputed levels of child support
  • Domestic violence protective orders

Our philosophy is that a mutually acceptable agreement through mediation is preferable to litigation because it limits the legal fees, the bad feelings, and the harmful impact on children. If mediation is unsuccessful and litigation becomes unavoidable, we are experienced trial lawyers who will be thoroughly prepared to vigorously assert your interests in court.

Mediation & Children

Worried about what will happen with your children in divorce? A lot depends on you and the other parent. Can you come to agreement about primary custody and the details of co-parenting? Mediation is the best way to iron out differences and come to a mutual agreement that is in the best interests of all who are involved. Don’t let a judge decide who gets the kids and when?

Timothy Porterfield represents mothers and fathers in mediation, negotiation, and even litigation of child custody matters. Our goal is to protect your relationship with your child through a solution that serves your child's best interests.

Attorney Discussing Documents — Charlotte, NC — Law Offices of M. Timothy Porterfield
Hammer And Family — Charlotte, NC — Law Offices of M. Timothy Porterfield

Post-Divorce Modifications

We also handle post-divorce modifications of custody, and are licensed parent coordinators in Mecklenburg County, appointed by the court to help resolve high conflict parenting disputes.

Post-separation spousal support can be hotly contested. We try to give clients a realistic and strategic perspective on spousal support — whether it applies and how it fits into the bigger picture of asset division and life after divorce.

Results

If you are on amicable terms, mediation offers the best solution in delivering a mutually acceptable marital property settlement, support, visitations, and more.

We address and resolve:

  • Children, their future and support arrangements
  • The marital home (stay and refinance, or put it up for sale?)
  • Retirement assets
  • Closely held businesses or professional practices
  • Jointly held debts (loans, credit cards)
  • Cars, jewelry, furniture
  • Custody of pets
  • Alimony (spousal support)

Calmer heads, focused agreements, and the ability to secure something that works for everyone is the ultimate goal in divorce mediation. Our team is both experienced and compassionate. Contact our office to schedule some time to discuss your situation.

Share by: