Denver, NC Divorce Lawyer

Denver, NC Divorce Attorney

If you or someone you know is contemplating divorce, you should speak with an expert Denver NC divorce lawyer. Divorce is a monumental decision, and it can have life-changing consequences for your and your family’s lives. It’s important that you get proper legal counsel before you begin the legal process. A Lincoln County separation attorney from The Jonas Law Firm, P.L.L.C. can review your case, provide the necessary legal advice, and develop a strategy to help you seek the resolution you desire.

Requirements for Divorce in North Carolina

To be eligible for divorce in North Carolina, spouses must have been separated for at least one year and a day. Separated means living in different homes, and at least one spouse must have had the intention of the separation being permanent.

Additionally, you or your spouse must be a current resident of North Carolina and have lived in the state for six months before the divorce was filed. For more detailed guidance you cab hire a skilled family lawyer.

Contested vs Uncontested Divorce

Divorces can generally be broken into two main categories: contested and uncontested.

Contested Divorce

A divorce is contested when the couple cannot decide on important matters. These can include spousal support, property division, child custody, etc. If a resolution cannot be found, the court may be asked to make the decision for them. The court can step in, review the case, weigh the issues, and determine an equitable solution.

The contested divorce process is much longer than that of uncontested divorces. The process will start with a divorce filing from one of the spouses. The other spouse then has time to prepare and file their response. If the non-filing spouse agrees to the terms, it will be uncontested. If the spouse does not agree, legal counsel should be brought in to help with the negotiation process.

If spouses cannot come to an agreement during negotiations, the case may then be brought before a judge for a hearing. The judge will inquire about the marriage and the reasons for separation. After listening to each spouse’s case, the judge will make determinations regarding the unresolved issues.

Once the judge concludes, the divorce is legally binding. This process can take several months, and sometimes years, to finalize. The timeline will depend on the response time, cooperation level, and complexity of the divorce.

Uncontested Divorce

Uncontested divorces are much quicker. This means that both spouses agree to the terms of the divorce, such as child custody, alimony, division of assets, etc.

As per the Denver, NC law It doesn’t matter which spouse initially files for divorce. If the non-filing spouse responds to the divorce papers within the appropriate amount of time, the divorce can proceed and be finalized.

FAQs

How Much Does a Lawyer Cost for a Divorce in North Carolina?

The costs of a divorce lawyer in North Carolina can vary depending on a variety of factors. The most important factor to consider is if the divorce is contested or uncontested. Uncontested divorces can be resolved much more quickly and involve less work for attorneys. For contested divorces, the costs can be higher, depending on how long it takes the spouses to come to an agreement. Contested divorces can go through rounds of negotiation and mediation, prompting heavy involvement from a lawyer.

Can You Get Divorced in North Carolina Without a Lawyer?

Yes, it is possible to get a divorce in North Carolina without a lawyer. There are self-help divorce packets that can be downloaded online for residents who qualify. It is recommended, however, that you speak with an attorney about your divorce before you proceed. An attorney can analyze your case and provide the necessary legal advice to ensure you achieve a fair resolution. It’s likely that your spouse will retain a lawyer, so it can benefit you to hire one as well.

How Quickly Can You Get Divorced in North Carolina?

A divorce in North Carolina can take a shorter amount of time if it is uncontested.  Uncontested divorces can be resolved rather quickly, given that all applicable legal paperwork and documentation is filed correctly and on time. For contested divorces, the timeline will vary depending on the complexity of the divorce and the cooperation level of all parties. An experienced divorce lawyer can assist with this process to ensure your divorce proceeds as quickly as possible.

What Is a Simple Divorce in North Carolina?

A simple divorce in North Carolina means that the spouse filing for divorce only wants a divorce and is not requesting any additional items such as spousal support, child custody, or property division. Simple divorces are usually uncontested and can be resolved quickly. There are no disagreements and no items to be discussed.

Both spouses simply just want to end their marriage. The state will recognize this and proceed with the divorce.

Is North Carolina a No-Fault Divorce State?

Yes, North Carolina is a no-fault divorce state. Therefore, divorcing couples are not required to prove fault when filing for divorce. In the past, a legal reason was required for divorce, like abuse, adultery, or neglect. In North Carolina, spouses do not need cause for their divorce, provided they meet the state’s divorce requirements.

However, for issues such as spousal support or child custody, the state may consider if there was any marital misconduct or infidelity during the marriage.

Contact a Denver, NC, Divorce Attorney for Comprehensive Legal Support

A Denver divorce attorney can be an important resource for you to discuss your case and brainstorm potential legal options. You may be unaware of divorce laws and requirements in your state, but speaking to an attorney can ensure you’re informed, and your rights are protected.

At The Jonas Law Firm, P.L.L.C., our legal team takes pride in helping individuals all over North Carolina. We can assist you with all types of family law issues. Our family law attorneys are the sole family law specialists, as certified by the North State Bar, in Cleveland and Lincoln counties. Our compassion, determination, and dedication can serve you throughout your divorce. Contact us today for a consultation.