In the unfortunate event of a divorce, the couple should be aware of what this process entails. When a divorce is initiated, the petition for ending the marriage must be drafted and should meet the grounds for the divorce in North Carolina. In this first step, there are many legal components, so a family law firm in Raleigh should be contacted as soon as possible. Raleigh NC family attorneys explain each step of the process to their clients so that they understand how a judge will make a final decision on their divorce. If you and your partner are considering a divorce, the professionals at Fresh Start Family Law will help you by letting you know how this choice will impact different parts of your life.
Parts of a Divorce
A divorce not only means a marriage is ending, but could also address how the couple will care for any children they have, ongoing monetary obligation and how they will divide their marital assets and debts.
Absolute Divorce: An absolute divorce based on one year’s separation is North Carolina’s term for only the divorce (i.e. ending the marriage). Since North Carolina is a no fault state, either party may petition for a divorce once the parties have met the minimal requirement of staying separate and apart for at least a year and, at the time of physical separation it was one party’s intent to physically separate for the purpose of ending the marriage.
Child Custody and Support: Child Custody and Child Support 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 custody and child support issues after they are divorce. For more information pertaining to Child Custody or Child Support, please click here (need link to page).
Post Separation Support and Alimony: Post Separation Support and Alimony claims (“Spousal Support”) 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 judgement is entered by the Court, it stops one’s ability to request the court’s assistance to receive Spousal Support. If you believe you may be entitled to Spousal Support and have been served with a complaint for divorce, please call the professionals at Fresh Start Family Law to assist you in protecting your rights.
Equitable Distribution: Equitable Distribution claims (“Property Division”) can, but do not have, to be filed along with an action for absolute divorce. Much like Spousal Support, however, once a divorce judgment is entered by the Court, it stops one’s ability to request the court’s assistance for property division. If you have marital assets and debts and they have not been addressed but you were served with a complaint for divorce, please call the professionals as Fresh Start Family Law today to assist you in protecting your rights.
Raleigh NC family attorneys help detail what each of these arrangements should look like based on their client’s wishes in preparation for submitting the divorce petition to the court.
Divorce can cause disputes when a couple attempts to handle everything on their own. A family law firm in Raleigh is important because attorneys help to make sure that all parts of the divorce are addressed in the petition and are legally compliant.
Let Fresh Start Family Law help you with your divorce so that the petition is properly prepared to submit to the court. Call our office for a consultation.