For most people, divorce is a foreign process that they’ve never been through. The process can be complex and, as with all things related to the law, it’s important that you follow proper procedures. It can be difficult to keep track of everything that needs to be done, especially with the emotions involved in the situation. However, you can often ensure that your divorce is proceeding properly when you choose to work with a Divorce Lawyer in Concord, NC.
A divorce in North Carolina could be contested or uncontested. A contested divorce occurs when the divorcing spouses can’t come to some level of agreement regarding the major issues of the divorce. In these cases, outstanding disputes about things like child custody, spousal and child support, and property division will likely need to be argued in court before a judge makes a ruling. Generally, though, divorces will follow a standard process:
A: There are times when a divorce can be settled out of court, which can be a way to save both time and money. However, this would mean that both parties would need to be agreeable to that process. Mediation can help a divorcing couple work through the process of coming to an agreement regarding the most important components of the divorce, such as:
Any agreement will need to be approved by the court, but that’s not the same as going to trial.
A: When thinking about the time component of a divorce in North Carolina, it’s important to recognize that the state requires divorcing couples to be separated for more than a year before divorce proceedings can begin. This means a minimum of one year and a day of living separately, with at least one party intending for it to be permanent.
Once the legal process begins, it will likely take months and could take years in more complex situations. However, preparing before filing could help the process go a little faster.
A: Divorce orders, such as child custody, child support, and spousal support, can be modified. However, to get a modification, you must be able to show that there was some kind of substantial change that makes the modifications necessary. If that can be demonstrated, a hearing will be held to determine what kind of modifications, if any, will be made.
A: North Carolina does not guarantee an even split of property in a divorce. Instead, this state operates on the principle of equitable distribution. What this means is that all the marital property is looked at, and a distribution is then determined based on a plethora of factors. These include earning capacity, age, and health, among others.
Divorce is never an easy thing. The process is going to take some time, and there can be heavy emotions to deal with. This is why it can be helpful to work with an experienced attorney who has a solid understanding of what to expect through the process.
When you work with a knowledgeable divorce lawyer, you have someone who can help make sure that everything meets the legal requirements under state law while also advocating for your interests and concerns. At The Law Offices of Aimee E. Cain, we can be the kind of guide that you need to navigate the divorce process. Contact us today if you need help with your divorce.