Winston-Salem Divorce

Winston-Salem Divorce Attorney

Considering a divorce in Winston-Salem, North Carolina? You’re not alone. More than 1,700 people got married in a recent year in Forsyth County, while more than 1,000 divorced that year. North Carolina acknowledges only no-fault divorce, so you don’t need to worry about proving adultery or some other fault on the part of your spouse. However, you do need to meet other requirements, such as being separated for at least a year before you file.

If you need a divorce in Winston-Salem, an experienced divorce lawyer at Greenwood Law can help. We know you’re going through a difficult time, and we are here to help you move on to a better future. We can help you file for divorce, draft a separation agreement, resolve property division and spousal support issues, file for custody of your children, or request child support from your spouse. Before you can move forward, you need to know where you stand right now. Contact us today to arrange your initial appointment.

Divorce in North Carolina

North Carolina follows a no-fault divorce system, meaning you do not need to prove fault to obtain a divorce. However, you do need to meet other requirements, including:

You or your spouse must have lived in North Carolina for at least six months
You and your spouse must have lived separately for at least a year and a day
At least one of you must have intended this as a permanent separation

You can get divorced whether your spouse agrees or not, as they do not have to sign anything or even go to court. You only have to serve them notice of the divorce after filing with the court. The final divorce decree in North Carolina is called “absolute divorce.”

If you were separated from your spouse because they were suffering from mental illness, you do not need to show that you intended the separation to be permanent. However, in this case, you must have been separated for at least three years, and your spouse must have been institutionalized or found legally insane. You also need two medical specialists to testify that your spouse is “incurably insane.” It is easier to file for a standard divorce than a divorce based on incurable insanity.

Separation Agreements

You don’t need a formal separation agreement to separate from your spouse. All you need to do is live in separate homes. However, you can use a separation agreement to formalize your decisions about the same issues you would need to decide in a divorce, such as:

Property division
Spousal support or alimony
Child custody and visitation
Child support

A divorce lawyer can help you draft a valid separation agreement that resolves all these matters to your satisfaction. When you file for divorce, you can request the same arrangements in the divorce order.

To be valid in Winston-Salem, North Carolina, a separation agreement must be:

In writing
Signed by both spouses
Notarized

If your spouse refuses to sign a separation agreement, you can move out without an agreement, and it will still count as a separation.

Divorce from Bed and Board

If you want to get separated permanently but don’t want to get legally divorced for religious reasons, you can file for a divorce from bed and board or DBB. A DBB is legally a court-ordered separation rather than a divorce, so it does not violate religious strictures against divorce.

You can also use a DBB to force your spouse to move out if you want to get separated and they do not. If the court grants a DBB, it will specify which spouse is allowed to keep living in the house and that the other spouse is no longer allowed to live there.

Unlike an absolute divorce, a divorce from bed and board does require you to prove fault. To get a DBB, you must prove that your spouse:

Abandoned the family
Maliciously forced you from the home
Endangered your life through cruel or barbarous treatment
Treated you with intolerable indignity
Used alcohol or drugs to excess
Committed adultery

Once the court grants you a divorce from bed and board, you are legally separated. After a year and a day, you can file for absolute divorce.

How to File for Divorce in Winston-Salem, North Carolina

To file for divorce in Winston-Salem, North Carolina, you must:

File a divorce complaint with the county clerk, including any request for property division or spousal support
File a Civil Summons
File a Domestic Civil Action Cover Sheet
File a Servicemembers Civil Relief Act Declaration
Pay the filing fee

A divorce lawyer can help you fill out all these forms.

Property Division and Spousal Support

In a North Carolina divorce, you must request property division and spousal support before the final divorce decree. If you fail to do so, you cannot request them later. Property division and spousal support are complex divorce issues that are best handled by a divorce lawyer, so if you are planning on anything other than a simple divorce, you should contact a divorce lawyer immediately.

Child Custody and Child Support

A divorce lawyer can also help you with matters such as child custody and child support. Child custody is one of the most emotional issues involved in any divorce, and it can be difficult to negotiate such an emotional issue with your spouse. A divorce lawyer can handle the negotiations for you so you can step back and focus on moving forward with your life.

Contact a Winston-Salem Divorce Lawyer Today

If you need a divorce in Winston-Salem or anywhere in Forsyth County, North Carolina, turn to Greenwood Law. Our family law firm can guide you through the divorce process and help you move forward with confidence toward a better future.

Whether you need to draft a separation agreement, seek a divorce from bed and board, or negotiate property division and spousal support for an absolute divorce, we can help you achieve your goals and make sure everything goes smoothly. Divorce is a difficult experience for anyone to go through, but we will be here for you as you move on to the next stage of your life. Contact Greenwood Law today to get started with a consultation.