If your marriage has broken down, the decisions you make now and in the months to come will impact your life in profound ways. Divorce is a major step, especially if you have children or substantial assets, and it is essential to get sound legal guidance from a Statesville divorce lawyer focused on protection of your interests.
Relying only on friends and family members for advice is a serious risk many people later regret. In most cases, it is often the better option to turn to an experienced, compassionate family lawyer. Divorce can be a costly process, but you may lose more if you do not have skilled legal support looking out for your interests.
The North Carolina laws governing divorce and other family matters are complex. At Griffin Law, PLLC, you will speak and work directly with an experienced divorce attorney prepared to guide you through every decision and step in the process. Attorney Jonathan D. Griffin will answer all your questions and do everything possible to help you get through this stressful time and move forward in life.
You may be able to resolve your divorce largely outside of court, or you may need to litigate the specifics of your separation. In either case, our attorney can help you find ideal solutions for your divorce, property division, child custody, and other aspects. We can advocate for your needs and bring you the compassionate support you need during this difficult time. We provide caring, practical divorce and family law representation to women and men throughout Statesville, Mooresville and Iredell County.
Divorces are stressful no matter how they are handled, but some divorce methods can make it easier on you and your family. In most cases, it is in everyone’s interest to negotiate reasonable solutions and complete the divorce as efficiently as possible. However, you may also need a proven, dynamic lawyer with courtroom experience on your side to pursue your important goals involving:
These factors include the income and resources of each spouse, each spouse’s debts, the length of their marriage, and the tax implications of how property is divided. If spouses negotiate their property division in a separation and property agreement, they do not have to follow equitable distribution rules, but an experienced attorney can help ensure it is fair.
In order to be eligible to file for an absolute divorce, spouses must first be separated, or legally separated, for one year. Couples can create a separate agreement prior to filing for a divorce, but this is not required to be considered separated. In order to be separated under the court’s requirements, the following must be true:
Spouses must also meet the residency requirements in North Carolina to file here. This means that at least one spouse is currently a resident of the state and has been for the last six months.
North Carolina does not have an option for filing a fault-based divorce.
Although the only grounds for divorce are no-fault grounds, there are other options for separation or divorce in Statesville, North Carolina. These include:
A: The cost of a divorce may range significantly, and it relies on many factors, including the type of divorce, the attorney you hire, and whether you have children.
You’ll also need to pay the filing fee for a complaint of divorce, although this fee could be waived if you cannot pay it. A divorce that involves other issues such as child custody and equitable distribution is likely to be more expensive than a simple severing of the matrimonial bonds. A mediation or collaborative divorce attorney also typically has lower rates than a litigation divorce attorney.
A: In order to meet the requirements to file for a divorce in North Carolina, spouses must be separated for a minimum of one year. Each spouse must be living in a separate home, and at least one individual must intend for the separation to be permanent. At least one spouse must also meet the residency requirements of the state, which means you currently live in North Carolina and have for at least six months prior.
A: Filing first in a divorce in North Carolina may provide some benefits depending on the situation, but it will not impact the outcome of the case or how the court makes decisions. In North Carolina, there is no option to file an at-fault divorce, so there is no basis for filing first in order to file on specific grounds.
A: In North Carolina, you can only get a no-fault divorce, which requires one year of separation. There is no fault-based divorce. You can also file a divorce based on incurable insanity, which requires you and your spouse to have lived apart for at least three years. This separation must have been due to your spouse’s mental condition, and the spouse was either:
There are other requirements, but you do not need to have intended the separation to be permanent.
In North Carolina, a couple must complete one year of separation before a divorce can be finalized. A lot can happen in that year. An attorney can help you navigate the process by negotiating an agreement or filing protective orders.
If you are facing, considering or ready to proceed with divorce, we encourage you to contact us at Griffin Law, PLLC, today for the legal counsel you need to protect your rights and your future. To schedule an initial consultation, call our office in Statesville at 704-873-5500, or contact us online to get started.