- Winston-Salem, North Carolina
With a caring and compassionate law firm on your side, you will learn what the laws are through simple, yet effective communication. We will separate fact from fiction, helping you to navigate and to consider important decisions that can affect your future.
At Dylan W. Greenwood, Attorney at Law, we understand that divorce is a difficult and an emotional decision. We take the time to listen, to research and to collaborate with our clients – women, men, mothers, fathers and grandparents. We give all of our clients the individual time and dedication that they truly deserve. We realize what you are going through and it is not easy! However, it is manageable when you understand your rights. Call our office today to schedule a consultation with an attorney.
Divorces are complicated and frustrating and when the divorce is final, it will likely affect the rest of your life. Divorce affects everything you have been accustomed to in life. It will affect your residence, mutual friendships, finances and, most importantly, family relationships could be damaged. Without the right legal guidance, you could encounter hardships and make mistakes that could have been avoided. Hiring the right lawyer for you and your situation is critical. Call Dylan W. Greenwood, Attorney at Law today to schedule a consultation.
At Dylan W. Greenwood, Attorney at Law, you will not be treated like a case number. We treat each and every client with the respect he or she deserves – we treat you like family. We give every client our absolute best, and we will give you our best if we handle your case.
Going through divorce is a stressful, frightening experience. A skilled lawyer can take much of the anxiety out of the equation. We give our clients straight talk and strong advocacy. If you hire my law firm, you will know where you stand and that you have a lawyer willing to go the extra mile for you!
According to the North Carolina Judicial Branch, a divorcing wife is generally entitled to an equitable share of all marital property. If she is the dependent spouse – that is, the spouse who is financially dependent on the other spouse’s earning power for her well-being – she is likely also entitled to alimony. How much alimony she is owed depends on factors like the length of the marriage, each spouse’s earnings and earning capacities, their standard of living during the marriage, and their respective financial needs. Additionally, if a divorcing wife will have primary custody of shared children, she may be entitled to child support. The exact entitlements can vary greatly depending on the circumstances of the marriage and divorce and the discretion of the court.
There’s no one-size-fits-all rule regarding who gets the house in a North Carolina divorce. That said, it’s vital to remember that a critical step toward divorce is that one spouse must move out, and the couple must live separately for a year. Often, the spouse who remains in the home during this period has a stronger case to keep it, particularly if they’re also looking after any children.
There are several methods to decide who keeps the house in divorce. Sometimes, one spouse might buy out the other’s share. In other cases, one spouse might keep the house, while the other receives different assets to balance things out. This ensures a fair distribution of assets, taking into account the unique circumstances of each case.
Determining who leaves the marital home to initiate the one-year divorce countdown can be complex, especially if both spouses own the home. In such cases, the spouses must negotiate to decide who moves out. On the other hand, one spouse can order the other to leave if they are the home’s sole owner, although that spouse should be absolutely certain the other spouse does not have a claim to the house before they do so. Finally, in situations where there are concerns about domestic violence, one spouse may obtain a protective order against the other. This order can legally compel the spouse posing a threat to vacate the home, ensuring the safety and well-being of the other spouse and any children involved.
In North Carolina, who files for divorce first doesn’t have a significant legal impact on the outcome of the case, as both spouses have the right to contest the divorce proceedings. However, being the first to file can offer a strategic advantage in some cases. The spouse who initiates the divorce sets the stage for negotiations on key issues such as property division, child custody, and alimony, potentially guiding the process in their favor from the start. Additionally, if one spouse files for divorce and the other fails to respond, the filing spouse may obtain a default judgment. This outcome essentially grants the divorce on the filing spouse’s terms, preventing the non-responsive spouse from having a say in the divorce proceedings.
North Carolina uses the “equitable distribution” model to divide a couple’s assets in a divorce. This method aims for fairness rather than a strict 50/50 split. This means the division of assets depends on various factors to ensure a fair outcome for both parties. Assets are categorized as either “marital property” – those acquired during the marriage or which both spouses otherwise have an equal claim to – or “separate property,” which includes assets acquired before the marriage or through inheritance or gifts during the marriage. Couples must divide their marital property, whereas separate property remains with the original owner.
Notably, North Carolina law says judges must consider several factors to determine a fair distribution of a couple’s assets. Those factors include each spouse’s income, property, liabilities, support obligations from previous marriages, the marriage’s duration, both parties’ health, and the need for a custodial parent to own or occupy the marital home.
The North Carolina Judicial Branch holds that both spouses are entitled to an equitable share of marital property, and that either spouse can receive alimony, depending on their financial circumstances. The law recognizes a “dependent spouse” as one who relies financially on the other, known as the “supporting spouse.” This status does not depend on gender; both husbands and wives can be dependent or supporting spouses.
The amount of alimony a spouse receives varies greatly, as North Carolina does not use a strict formula. Instead, a judge will decide on an appropriate amount after reviewing the details of each case. Similarly, a judge will determine the duration of alimony payments based on case specifics. When considering alimony, North Carolina law requires judges to weigh multiple factors, including the length of the marriage and each spouse’s earnings, potential earnings, age, education, health, contributions during the marriage, needs, marital misconduct, and other relevant aspects.
North Carolina uses the equitable distribution model to divide assets during a divorce, meaning there’s no requirement for a 50/50 split. Instead, the goal is to divide a couple’s assets fairly, taking into account various factors to ensure an equitable division. Importantly, spouses get to keep their separate property, which includes assets acquired before the marriage or through inheritance or gifts during the marriage.
When a North Carolina couple decides to separate, they themselves typically need to determine who will leave the marital home. However, an exception exists in the form of a Divorce from Bed and Board (DBB). Despite its name, a DBB is not an actual divorce but a legally ordered separation. A DBB comes into play under specific circumstances, such as when one spouse can demonstrate serious faults like adultery or drug abuse by the other spouse.
A DBB order mandates one spouse to leave the home, essentially forcing a separation. Even after a DBB, couples can still draft a separation agreement to address issues like property division and post-separation support, similar to a voluntary separation. To finalize the end of the marriage, the separated couple must still observe the one-year waiting period before filing for an absolute divorce. This process allows for legal intervention in separations involving serious marital misconduct, providing a structured approach to resolving ensuing matters.
In North Carolina, the equitable distribution model used for dividing assets in a divorce also applies to debts. This means that debts accumulated during the marriage are divided fairly between both spouses, considering various factors to ensure an equitable split, rather than an automatic 50/50 division.
In general, you and your spouse must live separate and apart, continuously, for a year prior to filing. Upon a year, you may officially be divorced.
No, these may be settled at any time. You do not need to wait for the year of separation to occur prior to finalizing these arrangements. It is important to note, however, that if you wish to file for equitable distribution and alimony, you must do so prior to the finalization of the divorce.
We can represent you in all divorce-related legal matters, including the division of marital property, alimony, and legal issues that affect the children. When you are ready to talk about your divorce law needs, my law firm will be here for you!
We accept all major credit cards. Contact Dylan W. Greenwood, Attorney at Law today, online or by telephone, at 336-661-8788 to arrange a consultation with a knowledgeable Winston-Salem and North Carolina Divorce attorney. A consult fee is charged for family law. And, a consult fee is charged for immigration law.
