Getting Help Through Your Divorce
The end of a marriage is also the beginning of a new chapter in your family’s story. As you navigate this transition, you deserve the skilled guidance of an experienced and committed family law attorney. Thankfully, you can find the representation you need at the firm of Stauff & Gross, PLLC, in Raleigh.
For over a decade, we have helped people in your situation overcome the challenges of divorce and lay the groundwork for a brighter future. Our award-winning lawyers have years of experience addressing the needs of our clients as we pursue the outcome they deserve in their divorce. We know what is at stake in these complex family law matters. We work hard to develop a personalized representation plan that can meet the unique needs of each and every one of our clients.
How We Can Help You
Before filing for divorce, it is important to understand that North Carolina is a no-fault state. This means that either spouse may file for divorce, with a few requirements:
- At least one of the spouses has lived in North Carolina for at least six months.
- The spouses lived separately for at least a year and a day before filing.
- At least one of the spouses had the intent not to live together or to resume the marriage during that year and a day.
Divorce is just one part of the equation. It naturally involves other complex and emotionally-charged issues like child custody, spousal and child support, and property division. If you are considering a divorce, it is vital that you contact a family law attorney you can trust right away as the law gives you limited time to protect your interests. It is easier to contact an attorney at the outset than to try to reverse an unfavorable court decision later. You only have one shot at making a first impression on a judge.
How Is Property Divided In Divorce?
Divorce laws in North Carolina establish “equitable distribution” as the guiding standard for property division. This means that marital assets and debts are divided in a manner deemed fair, but not necessarily equal, by the court. Marital assets include any property or income acquired by either spouse during the marriage, with some exceptions such as for gifts or inheritances.
The court considers various factors in determining the division, such as:
- The duration of the marriage
- Each spouse’s financial circumstances and earning capacity
- Each spouse’s contributions to the marital estate
Divorce lawyers play a crucial role in advocating for a fair distribution of assets in contested cases.
What Is Spousal Support, And Who Is Eligible?
Spousal support, also known as alimony or post-separation support, refers to one party’s obligation to make recurring payments to the other, whether during separation or after the divorce. Spousal support is not automatic in North Carolina. Eligibility for spousal support depends on several factors, including:
- The length of the marriage
- The standard of living established during the marriage
- The financial needs and earning capacities of both parties.
As with property division, the court also considers each party’s contributions to the marriage, such as staying home to take care of the children or supporting the other’s career.
There are different types of spousal support, including temporary post-separation support and permanent alimony, which can be awarded based on the circumstances of the case. Because alimony awards are so case-specific, it’s important to speak with a knowledgeable divorce attorney about your situation. Our divorce lawyers can provide honest guidance on whether you have a strong case for or against an alimony award.
What Is An ‘Absolute Divorce’ In North Carolina?
An absolute divorce, or simple divorce, is a petition by one spouse to dissolve the marriage. In an absolute divorce, there are no provisions for property division or spousal support, the parties merely go there separate ways. The spouses must have lived separate and apart for at least 12 continuous months, and one of the spouses must have lived in North Carolina for at least six months. Because North Carolina is a no-fault state, it is not necessary to prove “grounds” such as adultery or abandonment to seek a divorce.
After the complaint is filed with the court and the other party has been served with divorce papers, there is a 30-day waiting period before the court will hold a hearing. The whole process typically takes about 90 days.
Because you are waiving any claims to alimony and any interest in division of property or debts, including retirement accounts, it is advisable to talk to a lawyer before seeking an absolute divorce.
What Is Separation, And How Does It Differ From Divorce?
In North Carolina, separation means that (a) spouses are living apart in different households and (b) at least one of the spouses intends it to be a permanent separation. The parties are still married in the eyes of the law.
While not legally required, the arrangement can be formalized with a separation agreement. A separation agreement is a binding contract between spouses who are already living apart or planning to separate. It spells out details relating to bills and bank accounts, the marital residence, vehicles and property, custody and living arrangements of children, financial support, and other relevant issues. The agreement must be in writing, signed by both spouses and notarized. As the agreement is binding and may not be able to be modified, it is important that you seek the assistance of an attorney before signing a separation agreement.
A separation agreement will remain in effect after the divorce. Our attorneys can help draft or negotiate the terms of a legal separation to clarify important matters and protect your interests.
Begin Preparing For Your Divorce
We are committed to listening to you and helping you pursue outcomes that fit your unique needs. If you are ready to meet with our team and begin developing a plan to help you through your divorce, contact us today. Call us at 919-891-8812 or email us here to schedule your initial consultation to begin resolving your divorce.