Working with a
Family Law Arbitrator

Arbitration is a process that most closely resembles going to court, but without the need of entering a courtroom. For North Carolina family law disputes, parties have the opportunity to utilize the Family Law Arbitration Act. This Act can provide the parties clarity on processes and procedures to ensure the Arbitration moves forward in a neutral and conclusive manner.

Couples may agree to arbitrate any family law issue other than the divorce itself. This includes issues pertaining to property, debts, children, child support, and spousal support to name a few. Arbitration clauses are common features in agreements or contracts, such as a prenuptial agreement, postnuptial agreement, or separation agreement. In the alternative, if no such agreement or contract exists, the parties can also submit a family law issue to Arbitration via Consent Order. In some circumstances, a Judge may require a legal issue to be resolved by Arbitration.

Once it has been decided that certain legal issues are to be decided by Arbitration, the parties will select a neutral, third-party Arbitrator to hear the case – such as Modern Legal Arbitrator Theresa E. Viera. At the Arbitration, both parties will have the opportunity to testify, present evidence, and cross-examine any opposing witnesses. Once the Arbitrator has heard both sides, they will issue their decision. This decision may then be submitted to the Court to be confirmed by a Judge.

A decision determined by an Arbitrator is presumed valid and binding. However, just as the standard is in Court, Decisions made pertaining to spousal support, child support, and child custody may be subject to modification in the future, should circumstances change.