- Winston-Salem, North Carolina
Going through a divorce can make it seem like your world is shifting under your feet. You may be concerned about how it will impact your finances and the rest of your family, and you may not even be certain how to begin the process of protecting your rights during the divorce proceedings.
North Carolina has higher divorce rates than the rest of the country, coming in at 3.1 divorces per 1,000 people in 2019. Davie County’s divorce rates tend to be lower than those in the rest of the state, however, and this can make you feel as though you’re all alone with what you’re going through. You’re not alone.
At Greenwood Law, we represent people struggling through divorce and everything it entails. Our Mocksville divorce attorneys will help you understand your rights so you can get fair treatment.
Our team can help you fully understand North Carolina divorce laws, so there is as little delay as possible in helping you get the results you want. One of the first things to know is that North Carolina is a no-fault state when it comes to divorce.
This means you don’t have to prove wrongdoing of any kind. You do, however, have to be physically separated for at least a year. This doesn’t mean you have to file paperwork for a legal separation. Keep in mind that during this time, you can’t resume your marital relationship in any way.
After a year and a day have passed since your separation, you can file for an absolute divorce. You or your spouse must live in North Carolina at the time you file for divorce, and you must have lived in the state for at least six months before the divorce is filed.
Unlike in other states, your spouse doesn’t have to agree to the divorce. Your spouse does have to receive legal notice of the proceedings, but they don’t have to complete any kind of paperwork, go to hearings, or file anything with the court.
While other states may give you the chance for a speedier divorce, North Carolina divorce laws require that year of being separated to pass. The only other path to a divorce involves claiming your spouse suffers from incurable insanity. In that instance, you need to show that you’ve lived apart for three years.
If you’re getting ready to separate or file for divorce, you need to have experienced divorce lawyers by your side. At Greenwood Law, we will help you in a number of crucial ways.
If you’ve been separated from your spouse for at least a year, and you are otherwise eligible to ask for a divorce, you must file a divorce complaint with the clerk of court at the Davie County Courthouse. All the paperwork must be filed correctly, which can be complex to do if you’ve never been through this process before.
With a Mocksville divorce lawyer helping you, you can get the guidance you need when filling out forms and presenting the correct paperwork. Because you will be under significant stress, having someone handling all the legalities for you can make a difference.
Once you’ve filed the complaint, you need to serve the other party. You can pay a fee to have the sheriff serve the papers, or you can send the documents via certified mail. Serving the documents to your spouse yourself is not legal.
If you can’t find your spouse, it becomes impossible to serve them. North Carolina allows you to rely on newspaper publications in some instances, but you need to meet specific requirements.
We can help with this entire process so that you don’t struggle with the paperwork.
In all cases, it’s necessary to have property division, spousal support, and child custody arrangements in place before filing for divorce. If you have not filed a claim for equitable distribution before the absolute divorce comes into play, both parties forgo the chance of asking the court for property division.
Without a property arrangement, you keep only the assets that are in your name or possession. For property that is in both parties’ names, both of you maintain ownership even while divorced.
North Carolina is a 50/50 state regarding marital property. This means that all marital property will be split evenly between the two parties. Marital property is any property that was obtained during the marriage. The moment you separate, you can file to obtain equitable distribution.
This is one of the most important steps in the process of getting a divorce, and you must have a lawyer by your side. State laws do consider many factors when determining whether a 50/50 split is the fairest option, so if you have concerns about the distribution of certain property that you don’t think should be split evenly, we at Greenwood Law can help.
Either spouse can request spousal support. You can ask for post-separation spousal support, which provides you with temporary support during the divorce process, or traditional spousal support (alimony), which comes into play after an absolute divorce. The amount awarded after the divorce is not always the same as the post-separation support.
To establish the amount of money that will be granted, the court considers a number of factors, including:
To ensure that you get a fair deal, you need to have a Mocksville divorce lawyer helping you. We’ll do everything possible to assist you and your spouse in reaching an agreement out of court, but if necessary, we’ll advocate for you in front of a judge.
The best thing that can happen during a divorce proceeding in which children are involved is to have the spouses settle on a custody agreement without having to go to court. Not only is this less expensive, but it is better for all parties. Until you both settle on an arrangement, you share equal rights.
It’s not always possible to come to an agreement, however. If there are disputes, the court has to get involved and the judge will decide while considering the child’s best interests. At Greenwood Law, we’ll fight for your custodial rights. We’ll ensure that the court hears your side of the story.
At Greenwood Law, our divorce attorneys have decades of combined experience. We have helped people from all walks of life through family law issues, including divorce, child custody, and spousal support concerns.
We’re a compassionate group of Mocksville Divorce lawyers who put the needs of our clients first. You’ll always receive the respect you deserve when you hire us. We know how stressful divorce proceedings are, so we’ll do everything possible to help make it all a bit easier.
From equitable distribution to child custody, we ensure that we cover every angle as we begin the process of legally preparing you for a divorce. Don’t wait to get the guidance you deserve. Contact us at Greenwood Law to speak with North Carolina divorce lawyers.
