Albemarle Divorce Lawyer

The Law Offices of Aimee E. Cain Albemarle Divorce Attorney

Going through a divorce alone is hard. At The Law Offices of Aimee E. Cain, we have a team of family law attorneys who are dedicated to protecting the interests of you and your family. We can ensure that you have the legal information you need to make informed decisions about your future. A divorce attorney from our law offices can work intimately with you to understand your desired divorce outcomes. We can help you take back control of the future of your family.

Requirements for a North Carolina Divorce

In Albemarle, North Carolina, there are many different arrangements for separation. However, if you are getting a North Carolina divorce, this is officially known as an “absolute divorce.” You can only file for an absolute divorce if you have physically been apart from your spouse for one year plus one day. Not only do you need to be living apart, in different residences, but it also needs to be clear that one spouse wants permanent separation. In addition to the separation living requirements, you or your spouse need to be living in the state at the time of the divorce and have moved there at least 6 months prior.

Understanding the Divorce Process in North Carolina

While divorce is difficult both emotionally and financially, being adequately knowledgeable and prepared about the North Carolina process can help you establish some sense of control and more easily facilitate the process. The North Carolina divorce process has the following steps:

• Separation: In North Carolina, you need to be separated for at least 366 days, with one spouse having the intent of permanent separation, to be eligible for divorce. During this time, you can start preparing the adequate documents, and searching for a North Carolina divorce lawyer, to streamline the process.
• Submitting Divorce Filing Papers: Once you have completed the required time living apart, you will submit a document called a “Complaint for Divorce” to the Clerk of Court. You will also need to submit a Civil Summons and Domestic Civil Action Cover Sheet, in addition to around $250 in court fees.
• Serving the Complaint for Divorce: After you submit the divorce paperwork to the Clerk of Court’s office, you will need to make sure your spouse also gets the papers. They have a deadline of 30 days to respond. It is important to know that you will not be able to serve the papers yourself.
• Getting a Court Date: After 10 days from the date you served the documents, you should receive a notice from the Clerk of Court’s office. This will let you know the date for your divorce hearing. If the divorce is not contested, you can get a court date sooner. Once you have the date, you will need to fill out a Notice of Hearing form at least 10 days before the court date.
• Going Through Discovery and Negotiations: If you plan to settle your divorce outside the courtroom, it is recommended to go through a thorough discovery process. During this time, you will collect all documents highlighting your financial situation, such as pay slips and insurance plans, and trade them with your spouse. Based on all the information, you can settle a negotiation with your spouse during mediation or a collaborative divorce.
• Settling the Agreement: If you and your spouse are unable to agree on issues such as child support, child custody, alimony, or child visitation, you will need to have a judge make the final decisions for you in court. If you have come to a decision, you can jointly sign a settlement agreement and give it to the court. At the end of the process, you will receive a divorce decree.

With adequate support and knowledge, you can work through the divorce process without sacrificing your emotional health.

FAQs About Albemarle, NC Divorce Lawyers

What Is the Average Cost of a Divorce in North Carolina?

In North Carolina, the cost of a divorce depends on many factors. For example, if a divorce involves many valuable assets that need to be allocated between the spouses, and there is a lot of disagreement regarding how everything should be split, then this divorce will be longer and involve more litigation fees. On average, though, the cost of a North Carolina divorce is typically between $7,000 and $18,000.

Is North Carolina a 50-50 Divorce State?

North Carolina does not follow the principle of splitting assets equally between the two spouses in a divorce. Instead, the court will aim for equitable distribution, meaning that the shared assets should be split based on fair principles but not 50-50. When deciding on who should get what, the court will look at:

• The length of the marriage
• The amount that each spouse earns now
• The amount that they could earn in the future
• The contributions of each spouse to the marriage property

Do I Need an Attorney to Get a Divorce in North Carolina?

You can represent yourself in a divorce in North Carolina. However, it is generally recommended to hire a lawyer. A knowledgeable and proactive attorney can help ensure that no small steps are missed in the divorce process, which helps it move faster. They can also help ensure that your interests are protected, whether that means getting more time with your children or adequate monthly payments to maintain your lifestyle.

How Can I Get a Quick Divorce in North Carolina?

An uncontested marriage is the fastest way to get divorced in North Carolina. This means that you and your spouse will be able to agree not just on getting a divorce but also on key details surrounding childcare, asset division, and alimony. If you can agree on all these issues, then you can avoid going to court and get a quick and less expensive divorce.

Get the Support You Need During This Challenging Time

If you are unsure about how to pursue a divorce, or protect the interests and future of you and your children, there is hope. Reach out to a divorce lawyer at The Law Offices of Aimee E. Cain today to learn more about how you can get the representation that you need.