Considering divorce from your spouse? Now is the opportune moment to consult with a lawyer for guidance. The divorce process is often emotionally and practically challenging, and having a divorce attorney as a strong advocate for your rights during this stressful time is invaluable. Our team of attorneys at New Direction Family Law is ready to assist you throughout your divorce journey. Together, we’ll work to reach the best outcome for you.
Separation
& Divorce
Separation
& Divorce
Considering divorce from your spouse? Now is the opportune moment to consult with a lawyer for guidance. The divorce process is often emotionally and practically challenging, and having a divorce attorney as a strong advocate for your rights during this stressful time is invaluable. Our team of attorneys at New Direction Family Law is ready to assist you throughout your divorce journey. Together, we’ll work to reach the best outcome for you.
Navigating Divorce in North Carolina: Fundamental Aspects
The requirements for ending a marriage vary from state to state, making it essential to seek advice from a local law firm well-versed in state divorce laws, such as our experienced team. In North Carolina, absolute divorces are classified as “no-fault,” eliminating the need to demonstrate fault or wrongdoing by your spouse for the court to grant the divorce. If either you or your spouse has resided in North Carolina for a minimum of six months, you are eligible to file for divorce here.
Our state’s laws mandate a separation period for divorce. To initiate divorce proceedings, you must demonstrate a continuous separation lasting at least one year and one day. It is crucial to live separately and apart in distinct residences (not merely different rooms within the same house) during this period.
There is no formal “filing” for separation, but reconciliation during the separation restarts the one-year and one-day timeline. Reconciliation is not explicitly defined, and it’s best to consult with an experienced attorney to determine if your situation may be considered “reconciliation” by the court. A divorce attorney will also guide you through other aspects of your family law case, such as asset and debt division.
Upon completing the separation period, you can file the necessary documents requesting the court to grant your absolute divorce. However, it is very important to speak with a divorce attorney to address issues such as distribution of marital property, post separation support and alimony, child custody, and child support before filing for divorce. Failure to do so may jeopardize your rights to marital property or spousal support.
Schedule a consultation with the divorce attorneys at New Direction Family Law, serving clients in Raleigh, NC and surrounding counties. Our attorneys are dedicated to safeguarding your rights throughout the divorce process.
Navigating Complex Divorce Situations
Divorce proceedings aren’t always straightforward and simple. Couples may encounter various challenges that lead to contested divorces and hostile situations. Some common factors that can escalate the divorce include issues like domestic violence, high-conflict custody disputes, and financial abuse or control.
Our firm offers individualized assistance for clients facing complicated and contentious divorces. Our experienced, knowledgeable, and assertive legal teams prioritize your safety and legal rights while efficiently managing the divorce process. Additionally, we provide guidance on child custody, child support, post separation support, alimony, and challenges related to dividing marital property. During your initial consultation, we’ll learn more about your goals, identify the specific needs of your situation, and work together to develop a plan for moving forward.
Asset Division in Divorce
North Carolina law mandates the “equitable distribution” of assets for divorcing couples. In cases where mutual agreement on asset division is absent, the court applies equitable principles to distribute assets. Factors considered include income, marriage duration, contributions to enhancing marital property value, the custodial spouse’s need for the marital residence, and more.
When parties are able to reach an agreement about property division through a separation agreement, mediation, or other alternative dispute resolution process, time, money, and mental stressors can be mitigated. However, we understand not all situations result in an agreement being reached outside the courtroom. In these instances, our experienced family law attorneys are ready and prepared to litigate and fight for your rights in the courtroom.
Common Questions about Divorce in Raleigh, NC
Divorce can be one of the most stressful and troubling times in your life. Divorce laws can vary from state to state, and each county within a state can have different and specific local family court rules. Therefore, it’s imperative you speak with a family law attorney that is not only licensed to practice in the state that your matter is located in, but also has experience in the specific county that your matter is in. If your family law matter is located in North Carolina, head over to our FAQs page where we have outlined some answers to common questions about divorce.
Thinking About Divorce? New Direction Family Law Can Help
Initiate the journey towards the new life you desire and deserve by connecting with us today.
Schedule a comprehensive initial consultation with one of our divorce attorneys to gain a clear understanding of your legal rights and develop a strategy to achieve your optimal outcome. Our team, known for its knowledge, effectiveness, determination, and compassion, is here to assist clients in Wake, Johnston, Durham, and surrounding counties. Reach out to New Direction Family Law at (919) 719-3470 to set up a consultation or visit our website for more details. Your path to a confident, fresh start begins with our dedicated team.
