Going To Court

Litigation in North Carolina

The court system can be a valuable tool in NC family law proceedings, especially when dealing with a spouse who is uncooperative, deceptive or abusive.  The court can provide a formal structure for obtaining complete and accurate information, for providing a fixed timeline to resolve issues, and for determining the rights and obligations of each party.

The litigation process involves a series of filings, beginning with a complaint, containing requests for relief.  The complaint must include factual evidence to support those requests.  Upon receiving the complaint, the defendant prepares an answer that typically contains a series of counterclaims.  The court will request additional filings — such as financial affidavits and property inventories — in preparation for trial.

During the time prior to trial, our attorneys will continue working outside of the court system to resolve the issues through other channels (such as settlement negotiations, mediation, etc.).  In fact, the court typically mandates that the two parties attempt mediation before proceeding to trial.

If the case does go to trial, the judge will issue orders and judgments after hearing from both sides and reviewing the evidence. 

When You Can’t Wait For A Trial…
The judge is authorized to enter emergency and interim orders regarding child custody, child support and other matters at any time if deemed appropriate.

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Appeals in North Carolina

If you receive an unfavorable ruling in district court, you may have grounds for appeal if the law was not applied correctly. Appeals are based solely on a review of the official trial court record.

If a review of the record from the trial court raises potential issues, an appeal can be filed in the NC Court of Appeals.

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