Getting a divorce can be highly strenuous and emotionally taxing. Complicated divorce proceedings add another level of stress to a moment in your life that is already fraught with tension and change. A skilled Hickory divorce lawyer can help lessen the legal burden, guide you through the long process, and empower you to begin the next phase of your life.
At The Jonas Law Firm, P.L.L.C., we have represented spouses throughout all kinds of divorce proceedings. Whether you are looking for guidance on initial separation agreements from a Catawba County separation attorney or negotiating alimony payments in court, we can help you establish a strong foundation for your life following a divorce.
In North Carolina, divorces require an initial separation period of one year and some residency qualifications. You or your spouse are required to have lived in North Carolina for at least six months up to the date you filed your divorce.
Your spouse does not need to agree to the divorce. When one spouse files for divorce, they must serve the other spouse with papers notifying them of their intent to divorce. At this point, mediation over the terms of the divorce can begin. A power of attorney lawyer can be helpful if there are concerns about managing legal or financial matters during the divorce, ensuring that all necessary legal authority is properly granted and documented.
Divorce is a complex and multifaceted process that can warrant mediation on a variety of different topics. These topics include:
While hiring an attorney is not a requirement, an experienced divorce attorney can help you navigate all of these areas with rigorous attention and compassion. In matters of financial agreements, it is wise to have the input of an attorney so that you do not end up with an unfair outcome. Even if it seems less expensive to represent yourself, you run the risk of forfeiting important assets and potential support. Additionally, consulting a wills & trust attorney can ensure that your estate planning is updated to reflect the changes in your circumstances following the divorce, protecting your interests for the future.
Divorces in North Carolina can be either contested or uncontested. Uncontested divorces are simplest to handle, as they involve both spouses agreeing to both the divorce and the terms. These types of divorce can require less mediation and operate with more cooperation. However, lack of arguments can lead to divorce in some cases, where the emotional disconnect or inability to resolve differences leads spouses to agree on parting ways without the need for prolonged disputes.
On the other hand, contested divorces happen when spouses cannot agree on divorce terms, which warrants extensive mediation and even court dates. These can be more emotionally charged since they require you to negotiate on terms that may be sensitive to you. The extended participation of divorce attorneys during mediation can also result in increased attorney fees.
Due to the cooperative nature of uncontested divorces, spouses typically only need one court date before their divorce can officially be decreed. If you serve your spouse divorce papers and they do not appear in court, you can be granted your divorce and assigned terms by a judge as if the divorce was uncontested.
Separation is the mandatory, year-long period before a divorce can be filed, during which spouses must live apart from each other with no intent to restart their relationship. Separation laws vary from state to state, and it is important to have the most up-to-date knowledge of North Carolina’s separation rules.
Written separation agreements are not legally required currently, but they are incredibly beneficial during divorce proceedings. These agreements are private contracts for spouses who are planning to separate and eventually divorce. They may detail living arrangements for spouses and any children they share, expected property division, and spousal support.
Your eligibility for divorce is determined by your residency status within North Carolina and your mandatory separation period. Following the one-year separation period and the six-month minimum period of North Carolina residency, you can file a complaint with the court, outlining your request for the end of your marriage.
You must then serve papers to your spouse using an approved delivery method. This summons officially notifies your spouse of the intent to divorce. Delivering papers on your own is not an approved delivery method, and you must be able to prove in court that your spouse received the summons.
If you did not consult with an attorney to draft a separation agreement wherein you established the terms of separation and divorce, you may do so now in mediation. Here, you can negotiate the division of your shared property and any terms related to child support and custody. If you and your spouse agree on terms in mediation, court intervention may not be necessary. Divorce mediation is often preferred, as it allows both parties to reach a mutually agreeable solution in a less adversarial setting, saving time, money, and emotional stress.
Your agreement must be approved by a judge regardless of whether the divorce is contested or uncontested. However, an uncontested divorce may not need more than approval to finalize, whereas a contested divorce may require litigation over multiple court days. Once your divorce has been finalized, you will leave the court with a copy of the judgment.
Some spouses may qualify for a different form of divorce. These are reserved for very specific cases, such as when one spouse suffers from incurable insanity and must be institutionalized for their well-being. Another option that is reserved for spouses with domestic violence issues, substance abuse issues, or adultery is a Divorce from Bed and Board (DBB.)
A DBB is a court-ordered separation that operates on a fault basis but does not completely end the marriage. North Carolina is a no-fault divorce state, which means the only reason for your divorce can be that the marriage was unsalvageable. When the court orders a DBB, you are allowed to work to resolve the issues in your marriage, as if you were taking a voluntary separation. However, you can also decide to complete one year and a day of this separation via DBB and file for an official divorce.
It’s easy to assume that property is always divided 50/50 between spouses, but this is not the case. Spouses who earn significantly less money than the other spouse may be able to retain more property so that the outcome is equitable. Some situations, such as a large disparity between spouses’ income, make the 50/50 distribution of assets unfair.
Of the two kinds of property (shared and individual), mediation will only divide shared property between spouses. This includes property acquired while your marriage was still active, and it excludes property that either person owned before the marriage or after the separation. Having a written separation agreement can help the court establish what is shared property.
It is not always necessary to bring your divorce terms to court. Many divorces can be resolved outside of court, limiting judge intervention to as little as the approval of a predetermined divorce agreement.
In cases of contested divorces where two spouses cannot agree on the terms of divorce during outside mediation, court dates may become necessary. In these cases, a judge will examine the facts of your case, including any financial information you may have provided, and make a determination toward an equitable divorce agreement.
Spousal support, known in North Carolina as alimony, is financial support made by a higher-earning spouse to a lower-earning spouse if the difference is significant enough that the lower-earning spouse needs assistance. When determining the amount of alimony in a divorce agreement, a judge will consider many factors:
Marital misconduct can negatively affect any alimony payouts. If the lower-earning spouse cheats on the higher-earning spouse during their marriage, they are disqualified from receiving alimony. Cheating is one of several forms of marital misconduct that North Carolina recognizes. Others include substance abuse, domestic violence, financial abuse, and abandonment.
When spouses share children together, a divorce can prompt them to come up with alternative arrangements for the child. As parents live separately and custody arrangements are made, they might discuss child support. The court considers the following things when determining child support payouts:
When spouses do not honor the terms of their divorce, this can result in inequity, financial hardship, and legal consequences. Depriving a lower-earning spouse or child of necessary financial support can endanger them and leave them without the means to function.
When an ex-spouse does not follow a court order, they can be held in contempt of the court. Potential consequences include fines, compensation toward the other party for attorney fees, back pay, and even jail time.
If you are not yet divorced (only separated), you can hold your spouse accountable for breaches of contract when a written agreement is involved. This can involve filing a claim with the help of an attorney.
Costs for a divorce lawyer in North Carolina vary largely based on the amount of work that is required for your case. Factors that may bolster fees for attorney representation are extensive mediation, potential court hearings, and how much you want the attorney to participate in. Uncontested divorces, while benefiting from an attorney, may produce the lowest attorney fees due to the lack of conflict between parties and a general agreement on divorce terms.
In North Carolina, both spouses are entitled to an equitable division of property. Financial support is not calculated by gender but by each party’s income, bills, and individual situations. Alimony is allotted to a lower-earning spouse from a higher-earning spouse regardless of gender, although it can be affected by other things like marital misconduct and childcare. An attorney can help you estimate your earnings by looking at the information surrounding your individual case.
North Carolina requires spouses to have been separated at least one year and a day before filing for divorce. During this separation, spouses must live separately with no intent to fix the marriage. To make future divorce proceedings as smooth as possible, you may create a written separation agreement covering all terms. These are particularly useful for a court to prove your separation period and assist in the final determination of divorce terms. If you are in Hickory, North Carolina, having legal representation can help ensure that your separation agreement and divorce process are handled efficiently and in accordance with state laws.
There is no requirement for which party should file first in North Carolina. Parties do not have to be in agreement over the divorce. If one spouse wants a divorce and the other does not, you may file separately and have papers served to the spouse anyway. The reluctant spouse will still be held accountable for their participation in the divorce.
Divorce can be an enormous life change filled with heightened emotions and significant stress. It can also be rewarding as you step into a new stage of your life. At The Jonas Law Firm, P.L.L.C., we have the tools and the experience to help you through this complicated time. Reach out to a Hickory divorce lawyer today to schedule a consultation and learn how we can assist you.
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