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Understanding “Good Faith”

In Child Custody, Child Support, Separation & Divorce by Elizabeth Stephenson

Family court judges in North Carolina take their jobs incredibly seriously. For example, nothing keeps judges up at night to the degree that child custody decisions do. This is because judges are tasked with making huge, lasting decisions that impact the happiness, stability, and safety of children. In addition, judges understand that decisions about divorce, property division, alimony, and child support can have an enormous impact on the future of everyone involved. ?? In fact, courts have the sole discretion to determine whether a witness is credible. If a court finds that a person lacks credibility, then this can have highly damaging ramifications on that person’s legal outcome. The court can essentially choose to disbelieve all of an untrustworthy person’s testimony. This is one of the reasons that people must …

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Giving Mediation a Chance

In Child Custody, Separation & Divorce by Elizabeth Stephenson

Getting divorced in North Carolina is just one part of a big legal puzzle. Other pieces include property division, alimony, child custody, and child support. Each piece can become a contentious, expensive, hard-fought legal battle that may ultimately end up in a contested trial. Before trial, however, courts order parties to attempt to settle their issues through alternative dispute resolution, such as mediation. Mediation is an informal proceeding that involves all the parties to a lawsuit and an impartial mediator. At mediation, the parties meet at the same location, but are often separated into different rooms while the mediator speaks with each party and their attorney about their legal arguments, evidence, and desired relief. Over the course of the day, the mediator will continue to speak with each group in …