Board Certified Family Law Specialist Matt Arnold answers the question: “Can you guarantee I will get the resolution I want?”
Divorce can be complicated, and many times couples find themselves embroiled in a battle. The settlement in a divorce includes details regarding how to divide property and assets, matters concerning child custody and support, and other issues such as alimony. North Carolina is not a community property state. Instead, it uses the principle of equitable distribution to divide property and assets. This can lead to some conflicts that can delay the divorce process and make the situation more stressful. An experienced North Carolina divorce attorney will help you resolve settlement distribution conflicts and ensure that you get your fair share in a divorce.
Arbitration is one of the possible methods that you can utilize when you encounter difficult and challenging conflicts regarding your divorce settlement. Arbitration is the use of an outside party, called an arbitrator, to assist with the resolution of disputes between parties. It is a recognized alternative dispute resolution (ADR) method that is often used in contract cases. It can also be of assistance in disagreements between parties in a divorce settlement. Parties agree to the use of an arbitrator to help with conflicts that arise in distribution of assets and other settlement terms of a divorce.
Benefits of Arbitration
There are several benefits to seeking arbitration in a North Carolina divorce case. Arbitration allows you to resolve disagreements more quickly and thus save time and money on your case. A disputed divorce case may take months or even years to resolve, but with the help of an arbitrator, the issues may be ironed out much faster. Arbitration allows you to have input into the settlement resolution rather than allowing a judge to make a decision. Both parties are generally happier with the results when they use an arbitrator. The arbitrator has experience and training, and is able to help both parties without taking sides.
About the North Carolina Family Law Arbitration Act
North Carolina has put into place the Family Law Arbitration Act (N.C.G.S. 50-41). This law provides for couples to seek arbitration for any matters that pertain to their marriage. Couples may agree to arbitration at any time before or during their marriage. Some couples are proactive by adding the use of arbitration to their prenuptial agreements. Some issues that you cannot resolve through agreed-upon arbitration are child custody and support as well as the divorce itself. Arbitration is similar to mediation. However, mediation is typically court-ordered while arbitration is entered into by each party freely.
Divorce can be a stressful and difficult time in your life, so it stands to reason that couples are often at odds about the distribution of their assets. In many cases, your attorney will be able to work out minor disputes and will always work on your behalf to seek the resolution that meets your needs and expectations. If you are going through a divorce, you do not need to handle it alone. Count on the legal experience of our skilled family law attorneys to guide you through this time. Get a phone, video or in-person consultation by calling at (704) 370-2828 to speak with our detail-oriented and well-versed lawyers with offices in Charlotte, Lake Norman, and Monroe, please contact Arnold & Smith, PLLC today or find additional resources here.
The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.law.cornell.edu/wex/arbitration
https://law.justia.com/codes/north-carolina/2015/chapter-50/article-3
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https://www.freeimages.com/photo/meeting-room-3-1239345
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