North Carolina has specific laws that govern the divorce process. Deciding to end your marriage is only the first step, as you must follow the legal process and meet the requirements set out in the law before a court can legally terminate your marriage. To prevent any unnecessary delays, expenses, or complications in your divorce, you want the right Charlotte divorce lawyer handling your case.
At the law firm of Blood Law, PLLC, we handle a wide range of divorce cases, from the relatively simple to complicated and lengthy matters. Knowing your rights and options is essential to obtaining an efficient and favorable outcome in your divorce, so please contact our legal team for assistance today.
Our Attorneys at Blood Law are here to guide you every step of the way, up until the day you feel your family is complete and beyond.
“Anna Blood is the type of lawyer every client wants to have, and all other lawyers desire to be like. Her personal experience makes her an outstanding family law attorney. She is hardworking, compassionate, and very skilled in her work. Anna provided quick feedback and was always available to answer any and all questions I had. She always takes a personal interest in her work and makes sure her client’s needs are being met. I highly recommend her to anyone in need of a wonderful attorney.”
North Carolina divorce laws are more complicated than they are in many states. Some states only allow no-fault divorce, meaning one spouse is not blaming the other for causing the demise of the marriage. Other states allow you to choose between no-fault divorce and fault-based grounds. North Carolina allows you to choose between an “absolute divorce” and a “divorce from bed and board,” and it is critical to understand what type of divorce case is right for you.
An absolute divorce legally ends your marriage and all related obligations, and this is the most common case sought in North Carolina. When the judge issues a Decree of Divorce, it means that you can marry someone else, and you will no longer have the benefits of being married. There are two grounds you can state to seek an absolute divorce:
In either case, one spouse must have been a resident of North Carolina for at least six months to file for absolute divorce.
Even though this is called a “divorce,” it does not legally end your marriage like absolute divorce. If you pursue this type of case, you cannot legally marry others, and this is more like a forced legal separation. There is no required separation period for a divorce from bed and board, though you do have to prove one of the following fault-based grounds:
In some cases, it might be the right move to file for divorce from bed and board, though most cases pursue an absolute divorce based on no-fault grounds and one-year separation.
After you meet the requirements to file for divorce, you then must resolve several issues. The court will issue orders regarding each issue, along with the Final Decree of Divorce. The following are some issues that our Charlotte divorce lawyers can help you resolve.
North Carolina law states that spouses must divide their marital property in an equitable manner. This means that given the circumstances, the property division must be fair, though it does not have to be 50/50. Marital property is the property and assets you acquired or earned during the marriage, and it can include:
Property division can be straightforward if you and your spouse do not own real estate, have been married for a short time, or do not have a lot of assets. However, some property division issues can be highly complex, especially if you have high assets, own a business, or other complex property.
Also known as spousal support or maintenance, alimony refers to payments made by one spouse to another to provide necessary financial support following a divorce. If one spouse did not work or there is a significant discrepancy in income, alimony might be an issue in your case. The judge will examine whether one spouse needs support and whether the other has the ability to pay support.
If you and your spouse share a child, you will need to settle how you will share child custody and whether one spouse will need to pay child support. It is best for you and your spouse to agree on a child custody arrangement, but if you cannot, the court will issue a custody order based on what it believes is in the best interests of the child. Many factors are considered to decide whether you will have joint custody, or one parent will have sole custody. Child support is ordered based on a specific formula in state law, and it is based on your respective incomes, the needs of the child, how many children you have, and who is the primary custodial parent.
There are many reasons that couples choose to separate, or legally separated. Reasons such as infidelity, financial dispute, physical and/or substance abuse. These are just several among many reasons that cause couples to choose divorce but deciding on a proper reconciliation can be broken down into different types: no-fault, at-fault, uncontested, collaborative, mediated & civil courts. Each divorce category complies with its own rules and regulations.
Some divorces may be a lot more emotional than others. Children also play a large role in determining an end result in the divorce. For a lot of couples with children, mediation is the best way to settle the divorce agreement.
Yes, separation is an emotional and painful struggle, especially for parents. But do not let the termination of your marriage discouraged yours from a brighter future. Our attorneys will help you overcome this stressful time in your life and bring back the happiness you have been searching for.
The Charlotte divorce lawyers at Blood Law, PLLC, take an individualized approach in each divorce case. We work to help clients reach out-of-court agreements whenever possible, as this can save you time and money. However, we are experienced litigators who can represent you in court if needed. If you would like to learn more about our divorce representation, call 704.256.5232 or contact us online today.
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