Concord Divorce Lawyer Serving Your Family in North Carolina

Divorce is quite possibly the most difficult event a family may face. At the Law Offices of Aimee E. Cain, we understand that divorce can bring emotional and financial hardships, as well as other conflicts that can make this already challenging situation even more trying.

Divorce in North Carolina

North Carolina is a no-fault divorce state, which means neither spouse is required to prove "fault" or marital misconduct on the part of the other. To obtain a divorce, a spouse must simply assert incompatibility or irreconcilable differences to indicate that the marriage has irretrievably broken down.

With a no-fault divorce, a spouse cannot threaten to "fight" the divorce, there is no derogatory testimony, and marital misconduct cannot be used to achieve a division of property favorable to the "innocent" spouse. This means parties seeking to divorce must be separated for at lest one year prior to filing for a divorce. Either spouse may seek a no-fault divorce when the husband and wife have lived separately and apart for one year.

On the other hand, a fault-based divorce must specify one or more of the following acts, which must be proven by the filing spouse:

  • Extramarital affair
  • Abandonment
  • Excessive drug or alcohol use
  • Involuntary separation
  • Cruel and barbarous treatment
  • Various circumstances in which the living condition of one spouse is rendered burdensome and intolerable by the actions and/or behaviors of the other spouse

Filing for divorce is a complicated process but whether your matter is highly complex or relatively simple, Concord divorce lawyer Aimee E. Cain can help you get the best result the law provides. If you are considering, or are currently facing a divorce, contact Ms. Cain to discuss the specifics of your case.

Alternative Dispute Resolution, Collaborative Law & Martial Agreements

Ms. Cain offers less litigious approaches to resolving issues related to North Carolina divorce such as alternative dispute resolution, collaborative law, and martial agreements.

Alternative Dispute Resolution

Alternative Dispute Resolution, which includes mediation and arbitration, allows parties to negotiate and settle their issues without going to trial. These options tend to be less stressful while also providing clients with a more cost-effective way of getting results. Ms. Cain is a certified mediator and has vast experience representing parties in Concord mediation and arbitration proceedings.

Collaborative Law

This option requires both parties to agree not to go to court to resolve their issues and instead rely on the assistance of arbitrators, mediators, appraisers and other experts as deemed necessary to the successful resolution of the case. Collaborative law can also address child custody and support, alimony, post-separation support, and equitable distribution.

Marital Agreements

Once a couple separates, a Separation Agreement, or Separation and Property Settlement Agreement, can resolve issues related to alimony, child visitation and support, and equitable distribution of assets without going to court thereby saving the client money and time.

The Separation Agreement is also helpful to the couple that, although separated, has no intention of ever divorcing because the contract rights of each party are provided by the terms of the agreement which survive entry of a divorce judgment. The contract rights also survive if the parties never divorce.

Pre-nuptial (before marriage) and post-nuptial (after marriage) agreements can also set out how various financial decisions regarding the marriage will be resolved in the event of divorce or death of a spouse.

Concord divorce lawyer Aimee E. Cain is experienced in the drafting and negotiation of these agreements.

Equitable Distribution (or Property Division)

North Carolina uses equitable distribution to divide assets acquired while married. While assets are usually divided equally there are cases where a judge may find division would be more equitable or fair if they were divided unevenly. This means that while division does not always have to be equal, it must always be fair.

Contact a Concord Divorce Lawyer with Broad Experience & Skill

The Law Offices of Aimee E. Cain are prepared to represent clients in all phases of their divorce. Contact us today to learn more about our services.

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