Raleigh Divorce Lawyers

Experienced Divorce Attorneys Serving Wake County, NC

Many marriages in this country fail for various reasons. Unfortunately, about half of all U.S. marriages will end in divorce. When heading towards a breakup of a marriage, it is important for both parties to gain awareness of what the North Carolina divorce process entails. Divorce can be simple or complicated, contested or uncontested, depending on the unique facts and circumstances of the couple involved.

Divorce may or may not involve children, marital property, assets, and debt, family businesses, pensions, professional careers entangled in corporations, or other facets that will need to be separated. All of these factors can become emotionally charged and contentious with each side asserting what it feels is right.

In such cases, the guidance and support of a trusted divorce lawyer who can help you navigate the complexities with confidence and calm cannot be overstated. At Fresh Start Family Law, serving clients in Raleigh and beyond, you will find a team of Board Certified Family Law Specialists who have a strong track record of successfully-resolved divorce cases.

Are you thinking about divorce? Do you need legal advice? Contact Fresh Start Family Law online or at (919) 849-5744 to get top professional guidance for the circumstances of your case.

Divorce Process Basics in North Carolina

A divorce in our state not only means your relationship with your spouse will be ending but may also involve how you as a divorced couple will care for your children, determine any future monetary obligations, as well as how to divide the marital assets and debts. In many cases, decisions and arrangements both big and small will need to be reached and implemented from who will get the family home or pet to how a bank account will be divided. For couples who have been married for a long time, who have many assets, or who have children, the arrangements can take months to work out.

If you and your spouse cannot come to an agreement about all of the issues that must be resolved, the matter will fall to the court where a judge will be tasked with making the decisions for you which is why it is important to have an experienced North Carolina family law attorney on your side.

What is a No-Fault Divorce?

A no-fault divorce means neither party has to prove any type of marital misconduct or “grounds for divorce” on the part of the other spouse. This can thus speed up the divorce process because it means less time in court providing proof of such misconduct and how it should affect any of the divorce issues. In North Carolina, the term for ending a marriage is an “absolute divorce.” This is based on a one-year separation of the spouses.

Since ours is a “no-fault” state, either party can petition for a divorce once you have met the minimal requirement of:

• Remaining separate and apart for at least one year and
• At the time of the physical separation, it was one party’s intent to physically separate for the purpose of ending the marriage.

However, the spouse who files first can ask the court for temporary orders before notifying the other spouse. These orders might limit what each spouse can do with marital funds or property, protect one spouse from another, award temporary child custody, or grant temporary.

Filing for divorce first does not give you inherent rights over your spouse. Still, it does allow you more control over the situation from the beginning and could provide some strategic benefits.

How Long Do You Have to Be Separated Before Divorce in NC?

In North Carolina, ex-couples must live "separate and apart" for at least one year before filing for divorce. This means that the couple lived in separate places, and at least one spouse intended the separation to be permanent.

Divorcing With Children in North Carolina

Couples with children face the necessity to make child custody and visitation arrangements as well as child support obligations. These claims can but do not have to be filed along with an action for absolute divorce. Even if a couple divorces without one of these actions pending, the court can assist parents with these issues after they are divorced.

Post-Separation Support & Alimony

Post-separation support and alimony claims can but do not have to be filed along with an action for absolute divorce. Unlike child custody and child support claims, however, once a divorce judgment is entered by the court, it ends your ability to request the court’s assistance in seeking alimony.

If you believe you may be entitled to alimony and have been served with a complaint for divorce, you should consult with one of our Raleigh divorce attorneys who can assist in protecting your rights.

Equitable Distribution in NC

Marital property and asset claims can but do not have to be filed along with an action for absolute divorce. Much like alimony, however, once a divorce judgment is entered by the court, it ends your ability to request the court’s assistance for an equitable division and distribution of property.

If you have marital assets and debts that have not been addressed but you were served with a complaint for divorce, it is important to seek assistance from Fresh Start Family Law so that your rights can be protected.

Protect Your Rights and Interests During the Divorce Process

Divorce can be a complex and emotionally challenging process. It is important to have experienced divorce attorneys on your side who will protect your rights and interests every step of the way. At Fresh Start Family Law, our Raleigh divorce lawyers have extensive experience in handling divorce cases in Wake County, NC.

Here are some reasons why you should choose our firm to represent you:

• Expertise in family law: Our attorneys specialize in family law and have a deep understanding of the legal complexities involved in divorce cases.
• Personalized approach: We take the time to understand your unique situation and tailor our legal strategies to achieve the best possible outcome for you.
• Strong advocacy: Our team is dedicated to fighting for your rights and protecting your interests, whether it involves child custody, property division, or spousal support.
• Compassionate support: We understand the emotional toll that divorce can take on individuals and families. Our attorneys provide compassionate support and guidance throughout the process.
• Effective communication: We believe in open and transparent communication with our clients. We will keep you informed about the progress of your case and answer any questions you may have.

Don't navigate the divorce process alone. Contact us online or call us at (919) 849-5744 to schedule a consultation with one of our experienced family law specialists. We are here to help you start a fresh chapter in your life.

NC Divorce FAQ

What is the divorce process like in NC?

The divorce process in Raleigh begins with filing a complaint for divorce, followed by serving the papers to your spouse. North Carolina requires a one-year separation period before filing. Once the case is filed, issues like child custody, asset division, and spousal support are addressed, either through negotiation or court proceedings.

How is child custody determined in a Raleigh divorce?

Child custody in Raleigh is determined based on the best interests of the child. The court evaluates factors such as each parent's ability to provide a stable environment, the child's needs, and the existing parent-child relationship. Parents are encouraged to develop a parenting agreement that benefits the child.

What should I know about dividing assets during a divorce in Raleigh?

Asset division in Raleigh follows the principle of equitable distribution, meaning assets are divided fairly but not necessarily equally. The court considers factors like the length of the marriage, contributions of each spouse, and future financial needs when making decisions about asset division.

Can I receive spousal support in NC, and how is it determined?

Spousal support, or alimony, can be awarded in Raleigh if one spouse demonstrates a financial need and the other has the ability to pay. The court considers factors such as the duration of the marriage, each spouse's earning capacity, and their standard of living during the marriage when determining support.

How long does a divorce typically take in NC?

The timeline for a divorce in Raleigh can vary depending on the complexity of the case and court schedules. After the mandatory one-year separation, a straightforward divorce can take a few months, but contested cases involving disputes over custody or assets may take longer to resolve.

What are some potential challenges I might face during a divorce?

Challenges in a Raleigh divorce can include disagreements over child custody, asset division, and spousal support. Emotional stress and the complexity of legal proceedings can also be challenging. An experienced attorney can provide guidance to address these challenges effectively.

How do North Carolina state laws influence divorce proceedings?

North Carolina's divorce laws, including the requirement for a one-year separation and the equitable distribution of assets, play a significant role in divorce proceedings. Staying informed about state laws and any legal changes is essential, and an attorney can offer tailored advice to ensure compliance and protect your interests.

Our Raleigh Divorce Attorneys Can Help

Our expert legal team of attorneys can help detail what each of the above arrangements should include based on your wishes and objectives in preparation for submitting your divorce petition to the court. We can also help you resolve any disputes that arise through negotiation, mediation, arbitration, or through the collaborative law process.

Our firm is dedicated to providing an environment that promotes calm and confidence as you move through the divorce process. We will do everything possible to ensure that your case is handled with as little stress and conflict as possible so as to promote a fresh start after the legal transition has concluded.

Talk to one of our Family Law Specialists about your divorce. Contact us online or call us at (919) 849-5744 to schedule a consultation today.