Filing for divorce in North Carolina can be complicated. There are many hurdles that you must overcome in order to make the process as smooth as possible. This is especially true if there are children involved. In this blog post, we will discuss some of the complications that come with filing for divorce in North Carolina and how to overcome them. We will also provide information on finding a qualified Greensboro family law attorney who can help guide you through the process.
What are the grounds for divorce in North Carolina
In North Carolina, the only requirement to file for divorce is that either spouse must have lived in North Carolina for at least six months before filing and the couple must be living “separate and apart” for a year.
If there are other issues such as property division or alimony and the parties cannot agree on terms, they may have to go to court to resolve their differences. Claims for property division or alimony can be made at any time after the parties have separated.
However, many couples are able to reach a settlement through mediation or collaboration. Regardless of the circumstances, getting divorced can be a complicated and emotional process. With the help of an experienced attorney, however, it is possible to navigate the process and move on with your life.
How do you file for divorce in North Carolina
Filing for divorce in North Carolina can be a relatively simple process if there are no other claims such as property division or alimony. The divorce complaint will need to include basic information about your marriage, as well as information about where each party lives and the date of separation. Once the complaint has been filed, your spouse will have an opportunity to respond. If you are able to reach an agreement on additional matters such as property division, or alimony a separation agreement can be submitted for incorporation into the divorce judgment, although this is not a requirement. If your agreement addresses child custody then it will have to be submitted to the Court or the custody provisions will not be enforceable.
If there are property, alimony, or child custody issues and you are unable to reach an agreement, a lawsuit will need to be filed. Claims for property division or alimony must be filed BEFORE your divorce is granted or you waive them forever. In contrast, a custody or child support action can be filed at any time.
When a lawsuit is filed for property or alimony, you will need to go through the process of discovery. This includes exchanging information about your assets and debts, as well as any income and expenses. Once discovery is complete, North Carolina law requires that you attend mediation to try and resolve those issues before a judge will hear your case. If those issues are not resolved in mediation, you will then be able to schedule a hearing in front of a judge. At the hearing, each spouse will have an opportunity to present their case. The judge will then make a decision on those matters.
What to expect during the divorce process
While the divorce process can vary depending on the jurisdiction in which it is taking place, there are some common steps that are typically followed.
Once the petition for divorce has been filed, the other spouse will be served with notice of the pending action. The next step is usually to file a response to the petition. If the response to the petition contains counter-claims, then the party who filed the petition will have to answer those claims.
In some cases, the judge will issue a temporary order regarding property, support, or custody, which will remain in effect until the final divorce decree is issued. Once discovery is complete, the divorcing couple will typically attend mediation in an attempt to reach a settlement agreement. If mediation is unsuccessful, the case will then go to trial, and a judge will make a final decision on the terms of the divorce.
Divorce is never an easy process, but with the help of an experienced Greensboro family law attorney, it is possible to navigate the complicated legal system and reach a settlement that is fair for both parties.
How to overcome common hurdles during a divorce
Divorce is never easy, but there are ways to make the process as smooth and painless as possible. One of the first hurdles is simply getting started. Oftentimes, one spouse is ready to move on while the other is still in denial. If you find yourself in this situation, it’s important to be respectful and patient. Remember that this is a difficult decision for your partner, and they may need some time to come to terms with what’s happening. Once you’ve both agreed to divorce, there are a few more common hurdles you’ll need to overcome. First, you’ll need to deal with the emotional fallout from your breakup. This can be a difficult and painful process, but it’s important to give yourself time to grieve. Secondly, you’ll need to deal with the practical aspects of your divorce, such as dividing up your assets and debts. This can be a complicated process, but working with an experienced Greensboro family law attorney can help make it go more smoothly. Finally, you’ll need to deal with the changes that come from being single again. This includes everything from learning how to live on your own to dating after divorce. It’s important to give yourself time to adjust to these changes and be patient with yourself as you transition into this new phase of your life.
Resources available to help divorcing couples
While filing for divorce can be a difficult and emotional process, there are many resources available to help divorcing couples navigate the legal and financial aspects of their split. Legal aid societies offer free or low-cost consultations with attorneys, and there are many online resources that provide information about the divorce process. Financial planners can also offer guidance on dividing assets and creating a budget for two households. In addition, there are support groups available for both men and women who are going through a divorce. These groups provide a safe space to share experiences and advice and can be an invaluable resource during this difficult time. With the right support, divorcing couples can begin the next chapter of their lives with confidence.
If you or someone you know is considering filing for divorce, contact an experienced Greensboro family law attorney to learn more about your legal rights and options. Spagnola Law represents clients in Greensboro, NC, and the surrounding areas. To schedule a consultation, call 336-373-8469.
This blog post is provided for informational purposes only and does not constitute legal advice. You should consult an attorney for individualized advice regarding your particular situation.