Guidance Through A Difficult Time: Family Law FAQs

When you turn to the services of a family law attorney, you are likely going through a trying time. Since these occasions tend to be marked by confusion, you may have questions about advancing to the next chapter of your life.

At Kennedy Law Associates, we take a caring and committed approach to helping clients in the Charlotte area, and we provide sensible, experienced guidance.

Here are some frequently asked questions we receive in our family law consultations:

When is the right time to consider mediation?

Mediation can offer a practical and efficient path to a settlement. Alongside other forms of alternative dispute resolution (ADR) like arbitration and collaborative law, mediation takes place outside of the courtroom and is often a more amicable process.

For it to work, both parties need to approach mediation in good faith. If you and your spouse are on good enough terms to negotiate your family's future dynamic, mediation may be a viable solution for you.

Since ADR avoids litigation, do I need to hire a lawyer?

A significant advantage of ADR is that it keeps you out of the courtroom. Litigation can be an expensive, lengthy process, and avoiding it is often in your best interests. Still, while a meditator or arbitrator can facilitate negotiations, you want an advocate who is on your side. It is helpful to have any settlement that comes out of an ADR process reviewed by an attorney for possible issues.

Can a prenuptial agreement be overturned?

A prenuptial agreement can be a valuable tool for protecting your separate assets or for clarifying your wishes in the case of a divorce. However, often such agreements are later challenged, and how they are constructed is important to ensuring they can be enforced when you need them. One way such agreements are contested is by arguing it was signed by one party involuntarily. Another challenge is to argue that it was extremely unfair.

A knowledgeable attorney can advise you on your prenuptial agreement's potential weaknesses.

How could a family law dispute impact an estate plan?

In a divorce or separation, your long-term priorities may shift. These changes alone do not remove individuals from your will or other estate planning documents, and the onus is on you to take measures to do so. An estate planning lawyer can help you through this process and ensure that your wishes are ultimately observed.

Is it possible to retain guardianship of a special-needs child who has turned 18?

If you have a disabled child, you may be concerned about his or her transition to adulthood. Establishing a guardianship can help you ensure that your child's health care and financial needs are met. A guardianship can also be necessary if you have an elderly parent with diminishing mental capacity.

We Can Help You Navigate A Challenging Situation

At Kennedy Law Associates, our North Carolina attorneys can provide you with the answers you need. When you schedule an initial consultation, you will have the opportunity to meet with a legal professional who is attentive and committed to your case.

Call us today at 704-512-0619 for more information. You can also arrange for an appointment via email.