Overview of the Case
To illustrate a common but distinct family law scenario in North Carolina, consider this example.
A couple has been married for 17 years and has two children — a 15-year-old son and a 13-year-old daughter. Both parents are professionals with stable incomes. Over the past several years, however, tension has built up due to differing parenting styles, financial stress, and accusations of emotional neglect. After repeated counseling attempts fail, the husband files for divorce.
The wife, feeling blindsided, responds with counterclaims that include:
- Child Custody — requesting primary physical custody and joint legal custody, citing the children’s need for stability;
- Child Support — calculated under the North Carolina Child Support Guidelines, adjusted for teenage expenses and extracurricular activities;
- Postseparation Support (PSS) — to cover her transition to single-income living;
- Alimony — alleging that her husband’s financial control and emotional distance meet the threshold for marital misconduct;
- Equitable Distribution (ED) — for a fair division of real property, retirement assets, and business interests; and
- Attorney’s Fees — based on financial disparity between the parties.
Unlike similar cases involving infidelity and young children, this one revolves around teenage preferences, long-term finances, and communication breakdowns that have hardened into distrust.
This case study explores how such a matter unfolds — from early filings through discovery, depositions, mediation, and the critical decisions that determine whether the case can be resolved privately or proceeds to trial.
I. Starting the Case
Once the husband files his complaint in district court, the wife is served and begins her 30-day countdown to respond. The tone of the filings immediately signals a high-conflict dynamic: each side alleges emotional manipulation and poor communication by the other.
The Husband’s Claims
He requests joint physical and legal custody, emphasizing that the children are old enough to have input and that both parents should share time equally. He also asks the court to divide marital assets, which include a family home, two vehicles, a small business, and retirement accounts.
The Wife’s Response
She argues that the husband’s unpredictable work schedule and frequent absences make shared custody impractical. She seeks guideline child support, alimony, and exclusive use of the home until the youngest graduates high school.
The case quickly becomes more complex as both children express conflicting preferences: the teenage son wants to live with his father; the daughter feels closer to her mother. The court may appoint a parenting coordinator or guardian ad litem to help ensure both children’s voices are heard in a neutral setting.
II. Discovery: Unraveling the Finances and Family Dynamics
Because the parties own multiple accounts and a business, discovery becomes crucial. Each side serves interrogatories and document requests to uncover the full financial picture.
- The wife’s attorney requests business ledgers, tax returns, and credit card records to determine whether the husband has hidden income or assets.
- The husband’s attorney requests medical and school records to assess the children’s needs and verify claims of limited parental involvement.
Subpoenas go to the husband’s accountant and the children’s private school for tuition documentation. These records reveal not only income details but also day-to-day parental engagement — who attended conferences, paid expenses, or signed forms.
Discovery disputes are frequent, and motions to compel are filed when deadlines are missed. The court may issue protective orders to safeguard sensitive financial or psychological information. Despite the tension, discovery clarifies the key issues: income accuracy, parental fitness, and equitable division.
III. Depositions: Clarifying Stories and Exposing Gaps
After written discovery, depositions are scheduled. Both parents testify under oath before court reporters, allowing attorneys to explore inconsistencies and tone.
- The husband’s deposition focuses on his work schedule, parenting time, and emotional availability.
- The wife’s deposition probes her spending habits, employment history, and statements made to the children about their father.
A therapist who counseled the family for several months is also deposed, providing balanced insight into both parents’ efforts and challenges.
Depositions reveal that both parties have strengths and weaknesses — neither parent is unfit, but both need to compromise for the children’s sake.
This stage often softens positions; hearing one’s own testimony transcribed can underscore how unproductive prolonged conflict may be.
IV. Mediation and Settlement Options
Custody Mediation
The court orders both parties to participate in custody mediation, as required in most North Carolina districts.
Through several sessions, a mediator helps them focus on the teenagers’ school schedules, extracurriculars, and emotional well-being.
After two sessions, they reach a partial agreement:
- Joint legal custody, with week-on/week-off rotation during the school year;
- Mother’s home designated as the children’s primary address for school purposes;
- Alternating holidays and flexible summer visitation.
Private Mediation for Financial Issues
Because their property and alimony claims remain unresolved, the court orders private mediation.
A retired judge helps the parties craft a settlement that includes:
- The sale of the marital home after one year, with proceeds divided equally;
- Transfer of the husband’s business interest to him in exchange for a lump-sum buyout to the wife;
- Limited alimony for 18 months;
- Each parent responsible for personal debts incurred after separation.
While neither party gets everything they wanted, both leave mediation with a workable plan — saving thousands in trial costs and months of uncertainty.
V. Trial as the Backup Plan
Had mediation failed, the case would have proceeded to a district court trial, where a judge would decide unresolved issues.
At trial, the judge would weigh:
- Testimony from both parents and the therapist;
- Financial exhibits from discovery; and
- The children’s preferences, if appropriate given their age and maturity.
The risk of a public trial — along with emotional exhaustion — is often the final motivator that brings parties to settlement. Still, the availability of trial ensures accountability and judicial oversight when no middle ground exists.
VI. Comparative Overview of Resolution Options
| Option | Estimated Cost | Typical Timeframe | Control | Privacy | Emotional Strain |
|---|---|---|---|---|---|
| Negotiation | Low | Weeks | High | Private | Low |
| Mediation | Moderate | 1–3 months | Shared | Confidential | Moderate |
| Trial | High | 6–12 months | None | Public | High |
In this scenario, mediation provided the balance between structure and control. It allowed both parents to protect their financial interests and preserve co-parenting cooperation for their teenagers — without escalating into an expensive, public courtroom battle.
VII. Final Thoughts
Every family’s story is unique, but the underlying principles remain the same: clarity, cooperation, and communication lead to better outcomes. High-conflict divorces involving older children present special challenges — emotional fatigue, scheduling complexity, and the influence of teenage preferences.
Through structured discovery, candid depositions, and guided mediation, families can transform conflict into cooperation.
At Adkins Law, we help North Carolina families navigate these critical transitions with honesty, strategy, and compassion — ensuring that even in difficult cases, parents can find closure and their children can thrive.
Adkins Law, PLLC: A Law Firm Located in Huntersville NC
At Adkins Law, PLLC, we are proud to serve families in Huntersville, Mountain Island Lake area, and the greater Lake Norman region. Our practice is dedicated to guiding clients through life’s challenges with strength and clarity. Whether you need help with family law, custody, estate planning, or mediation, our team is here to stand by your side and protect what matters most.
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