Gastonia Divorce Lawyer

Gastonia Divorce Attorney

A Gastonia divorce lawyer may be the right person to speak with if you are going through a divorce in the area. Divorces can quickly become heated and contentious, but a Gaston County separation attorney from The Jonas Law Firm, P.L.L.C., can step in on your behalf and help you finalize the divorce. With our help, you can rest assured you are receiving the quality legal representation you need.

Divorce Filing Process

Divorce can become a complex process, and each case will be unique. The typical divorce process includes multiple steps.

Physical Separation

Couples who wish to divorce in North Carolina must first become physically separated. They cannot live together during this time, but there does not have to be a listed reason for the separation other than irreconcilable differences.

The separation period must last twelve months before the spouses can proceed with filing for divorce. If the couple moves back in together, the separation period will be reset. For example, if a couple separates and reconciles six months later, only to separate again, the twelve-month period will start again from the date they separate for the second time.

If divorce is the ultimate goal, it’s important that at least one of the spouses intends for the separation to be permanent. A legal separation does not entitle either spouse to remarry, but it does allow them to obtain orders for child support, child custody, property division, or alimony support.

Couples may get a court-ordered separation, known as a divorce from bed and board, in certain cases. Serious fault must be proven in order to do so. After the divorce from bed and board is finalized, couples must still wait for the typical separation period before they can divorce.

Filing the Divorce Complaint

After separation, the next step is filing the divorce complaint with the appropriate county clerk. This can be filed by either spouse or by an attorney on your behalf. The other spouse will then be served the divorce papers by the county sheriff or deputy. The non-filing spouse must then file their response. At this time, items such as child support, alimony, etc., will come to the forefront.

You should hire a lawyer to help draft a divorce agreement or child custody agreement on your behalf. If you are expecting to have a contested divorce, there may be a substantial amount of negotiation between you and your spouse, meaning an attorney will be particularly important.

Mediation

You may benefit from mediation, depending on the cooperation level of you and your spouse. Mediation can be a helpful step, whether you are expecting an amicable divorce or a lengthy, drawn-out court battle. The court may even order mediation in some cases. Mediation can be a useful tool to help couples come to agreements on many issues, and it can be done in a less adversarial and more informal setting.

Final Divorce Order

If you and your spouse cannot come to an agreement, your case will proceed to be heard before a judge. A judge will hear the arguments and testimonies from both sides, including recommendations from each spouse’s attorney. The judge will make a final ruling, which is final. This is why it’s always a wise idea to attempt to resolve any issues before proceeding to court. Once the divorce is signed, you can no longer negotiate alimony, child support, etc.

Once the judge signs the order, the divorce is final, and each of you is eligible to remarry if you choose.

What to Do Before Filing for Divorce

Once you have decided that filing for divorce is the appropriate next step, there are many important things you can do to prepare. Here are some items to think about before filing the divorce paperwork.

• Consider your current and future needs, both emotionally and financially.
• Have a good understanding of your legal rights and potential obligations.
• Consider issues that will arise during the divorce proceedings, such as child support, child custody, alimony payments, and property division.
• Consider filing an alimony claim early on.

Issues That Must Be Settled During Divorce

During divorce, a number of issues must be decided upon. Property will need to be divided, which can be complex and challenging. North Carolina is an equitable distribution state, meaning property should be divided fairly, even if a fair split is not equal. In addition, alimony may be ordered in some cases.

If the couple has children under the age of 18, a child custody order will be necessary, along with child support. These disputes can become particularly contentious, which makes a lawyer especially important for cases involving children.

Common Law Marriage in North Carolina

With common law marriage, couples who live together and agree to consider themselves married can be recognized as officially married without a marriage license or ceremony. Common law marriage relies on cohabitation and intent. However, it is not recognized in Gastonia, North Carolina.

North Carolina is considered a statutory marriage state. Marriages are recognized through official legal code and are legally regulated. This means spouses must obtain an official marriage license from the county clerk and have a ceremony conducted by an officiant with at least two witnesses to be recognized as legally married.

Even if a couple claims to be married through common law, the state will not recognize the marriage. There are only a handful of states that recognize common law marriage, including South Carolina, Texas, Colorado, and Kansas. Couples that live together in North Carolina are referred to as cohabitants. They could be romantic partners living together in a domestic arrangement, but they are not considered legally married.

FAQs

How Long Does It Take to Get Divorced in North Carolina?

A divorce can be finalized relatively quickly in North Carolina if both parties agree to the terms of the divorce. It could also be quicker if the spouses meet the state’s residency requirements, have the necessary paperwork and legal documentation filed correctly, and satisfy the separation period. Depending on factors and circumstances specific to each case, the time it takes can vary significantly. Uncontested divorces often take much longer.

Can You Get Divorced in North Carolina Without a Lawyer?

You can get divorced in North Carolina without a lawyer, although it is not recommended. An experienced family lawyer can be helpful in guiding you through the divorce process, answering any questions that arise, and helping resolve disagreements.

If you and your spouse cannot come to an agreement on the terms of the divorce, you should absolutely utilize the legal experience of an attorney. You may need help finalizing complicated issues such as child support, alimony, or property division.

How Much Does It Cost to Get Divorced in North Carolina?

There are several costs to consider when divorcing in North Carolina. There could be courtroom costs, legal fees, mediation fees, and potential property valuation fees. Filing fees must be paid to the court, with an additional fee for a change back to a maiden name. These expenses can vary depending on which county court you file in. Filing fees and court fees are standard with any legal proceeding, while attorney fees will vary depending on the lawyer and the complexity of the divorce.

What Is an Absolute Divorce in North Carolina?

A: In North Carolina, an absolute divorce, also known as a simple divorce, is a divorce in which both parties agree to the terms. This can also be known as an uncontested divorce. Most uncontested divorces are usually less expensive and do not require a trial. However, the state has residency and separation requirements that must be met before spouses can be divorced. If the spouses satisfy the state’s requirements and agree to the terms of their divorce, an absolute divorce can be filed.

If My Spouse Cheated on Me, Do I Automatically Qualify for Divorce in North Carolina?

A: Whether or not your spouse cheated on you does not qualify or disqualify you for divorce, as North Carolina is a no-fault divorce state. This means that marital fault does not need to be proven to file for divorce. There are only two grounds necessary to qualify: one year of legal separation or incurable insanity of one spouse. However, if your spouse committed infidelity in your marriage, this could affect how the court will rule on alimony, property distribution, or child custody.

A Reliable Law Firm That Can Help With Your Divorce

If you are going through a divorce, you understand how difficult the process can be. There are several items on which you must come to an agreement with your spouse. It’s not uncommon for divorcing spouses to become uncooperative during this process, and a lack of cooperation can only make things longer and more difficult. However, a skilled attorney can help streamline proceedings.

The legal team at The Jonas Law Firm, P.L.L.C., is ready and able to help with your divorce. We understand how to successfully navigate the North Carolina court system, and we can deploy our extensive knowledge on your behalf. Whether you need assistance with divorce, alimony, property division, or child custody, we can help. Contact us at one of our offices today.