- Winston-Salem, North Carolina
Forming a legal union with another person is relatively simple. You must obtain a marriage license from the High Point Register of Deeds office, have a ceremony performed by a certified individual, and sign and submit your executed license to the state.
Dissolving a marriage can be a far more complex process, especially when children, assets, and powerful emotions are involved.
If you and your spouse have decided that it’s time for legal separation, you need to enlist the services of a High Point divorce lawyer. Greenwood Law and our team of experienced High Point family lawyers can help you navigate the complexities of divorce while also protecting your rights and assets.
Every marriage, and therefore every divorce, is unique. However, most North Carolinians have some common challenges and concerns when navigating the stressful process.
As professionals in family law in High Point, NC, Greenwood Law’s talented legal team can help you understand the nuances of your case and address common concerns, such as:
Divorce mediation is a negotiation process that’s designed to help you and your soon-to-be former spouse avoid a drawn-out legal battle in court.
During a mediation process, you and your North Carolina divorce attorney will meet with a neutral third party known as a mediator. Your spouse and their legal representative will also be present.
Typically, you and your High Point, NC, divorce attorney will be in a separate room from your spouse to help keep tensions down. The mediator will go back and forth between both rooms and gather details about the case. They will present your requests to the other party and vice versa.
The goal is to resolve critical issues that you and your spouse may disagree on, such as child custody, alimony, and division of assets.
If you and your spouse can agree on all important issues during mediation, your attorney will draft up a legally binding agreement. Once everyone signs the documents, they can be presented to the judge for final approval. If the document is approved, you can avoid a drawn-out legal battle and expedite the separation.
North Carolina does not require mediation in all cases. However, if you have minor children together or are engaged in financial disputes with your spouse, you’ll likely be ordered to complete mediation before a judge hears your case.
If you and your spouse cannot come to terms during mediation, you’ll have to go before a judge at the Guilford County Courthouse. They will hear both parties’ arguments and make a ruling regarding all disputes, including finances, child support, and child custody.
North Carolina has broad rules regarding alimony, which is also known as spousal support. This vagueness makes it difficult to calculate alimony payments, as the judge has a lot of discretion in deciding whether you’ll pay spousal support and what your monthly obligation will be.
The judge will consider a wide range of factors, such as how much money each of you makes, how long you’ve been married, and your spouse’s potential to earn. Greenwood Law will carefully analyze all relevant financial information to protect you from unjust alimony requests or payment amounts.
Prenuptial agreements may protect you from having to pay alimony or limit the amount your spouse is eligible to receive. However, that depends entirely on the terms and scope of your prenuptial agreement.
If you need more insights about your prenuptial agreement, contact our team and let one of our legal professionals review it. We’ll explain what protections it provides and address any concerns you may have.
Some states divide marital assets 50/50. For instance, if you and your spouse have $50,000 in a joint savings account, both of you would receive half. North Carolina follows a concept called equitable distribution. The court will try to fairly allocate property based on a list of guidelines. Some factors they will consider include:
● How long you were married
● Each spouse’s sources of income and earning capacity
● What each person brought into the marriage (i.e., if you owned your house prior
to getting married)
● What led to the divorce (i.e., misconduct or adultery)
North Carolina is one of the few states that considers the circumstances surrounding the divorce. If one party committed adultery and that action prompted the other party to file for divorce, the judge may award the offended person a larger percentage of marital assets.
Greenwood Law will work with the mediator and strive to strike a fair child custody agreement that protects your rights as a parent while also serving the best interests of the child. Our negotiators have handled dozens of child custody cases and will use our knowledge of North Carolina law to your advantage.
If we cannot strike an agreement during mediation, our team will fight for your parental rights in court. We will work with you to devise a time-sharing strategy that protects your child and gives them a sense of continuity during this difficult time.
Getting divorced is hard. Navigating the complex legal process required to dissolve a union is even more difficult. Don’t go it alone. Our empathetic and passionate High Point divorce attorneys will be in your corner every step of the way. We will work toward a favorable outcome that protects your assets and rights as a parent.
The sooner you retain legal representation, the better. Reach out to Greenwood Law and schedule a consultation with one of our High Point lawyers.
