The divorce process in North Carolina can be a long and complicated one, especially if the couple has minor children or if there is significant property to divide. If the couple can reach an agreement on all aspects of the divorce, they can file for an uncontested divorce. This type of divorce is faster and cheaper than a contested divorce, but it still requires that the couple complete and files several forms with the court.
If the couple is unable to reach an agreement, they will need to file for a contested divorce. This type of divorce can take months or even years to finalize, as the couple will need to go through the discovery process, attend mediation, and potentially even go to trial.
No matter what type of divorce the couple is pursuing, it is important to have an experienced divorce lawyer by your side. A divorce lawyer can help you understand the divorce process in North Carolina and can protect your rights throughout the process.
General Laws Regarding Divorce in North Carolina
When a couple in North Carolina decides to divorce, they must first separate for at least one year. This can be done either by living in separate residences or by living in the same residence but maintaining separate bedrooms. Once the couple has been separated for at least one year, they can then file for divorce.
To file for divorce in North Carolina, either spouse must have been a resident of the state for at least six months. This is known as the state’s “domicile” requirement. Once the divorce petition has been filed, the couple will then need to attend a hearing before a judge.
North Carolina is what is known as a “mixed state” when it comes to divorce laws. This means that the state’s laws are a mixture of both “fault” and “no-fault” laws. Fault-based grounds for divorce include adultery, abandonment, and cruel treatment. No-fault grounds can be anything from falling out of love to incurable insanity.
How a Divorce Lawyer Helps You
A divorce lawyer in North Carolina can help you in several ways, regardless of whether you are going for a contested or uncontested divorce. If you are considering a divorce, you should speak with a divorce lawyer to get a better understanding of the process and what to expect.
If you are going through an uncontested divorce, a lawyer can help you draft a separation agreement and file the necessary paperwork.
If you are going through a contested divorce, a lawyer can help you navigate the legal process and protect your rights by helping you out with these things:
- Your divorce attorney will help you prepare for court and represent you on your behalf.
- A divorce lawyer can help you gather the evidence you need to support your case. This may include financial records, emails, text messages, and more.
- If you have children, you must determine how custody will be shared and how child support will be paid. A lawyer can help you negotiate a custody arrangement that is in the best interests of your children. A lawyer can also help you calculate child support payments and ensure they are fair.
- A divorce lawyer can also help you with property division. If you and your spouse own property, you will need to determine how it will be divided. A lawyer can help you negotiate a property settlement that is fair and equitable.
- If you are seeking alimony, a divorce lawyer can help you calculate the amount you are entitled to and negotiate a payment plan. If you are paying alimony, a lawyer can help ensure that the payments are fair and affordable.
- A divorce lawyer can also help you with any other issues that may arise during your divorces, such as tax implications, insurance coverage, and retirement benefits.
Help You Can Trust
When facing a divorce, it can be difficult to know where to turn. The team at the GPS Law Group has more than three decades of experience helping people through tough times. Our attorneys will help you navigate the process and ensure that your rights are protected, working with you to help you through the process to make sure that you can move on to the next phase of your life. Call us at (704) 549-1950 use our online contact form to send a message and set up a free consultation.
We serve Charlotte, Gastonia, Concord, Huntersville, and the surrounding communities in Mecklenburg County, Rowan County, Cabarrus County, Iredell County, and Gaston County, North Carolina.