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The Law Offices of Aimee E. Cain

The Law Offices of Aimee E. Cain Divorce Attorney in Salisbury, NC

Ending a relationship is never easy, which is why divorce cases are often intense and daunting. In addition to the high emotions involved, the legal process of finalizing a divorce is quite complex. This can leave clients feeling intimidated, scared, and stressed about what their future holds. That is why having a family law attorney that you can count on is critical to any divorce case. With the help of our team, you can trust that your case will be handled with care.

The Law Offices of Aimee E. Cain: Your Divorce Attorney in Salisbury, North Carolina

The uncertainty a divorce holds is more than overwhelming. Here at The Law Offices of Aimee E. Cain, we provide compassionate legal assistance for individuals going through a divorce in Salisbury, NC. We understand just how complicated dissolving a marriage can be, which is why we offer a variety of detailed, supportive legal services for those who need assistance. With over 19 years of experience working with the law, we are committed to helping your divorce go as smoothly as possible.

How Does the Divorce Process in North Carolina Work?

There are multiple different categorizations for a divorce in North Carolina, such as whether the divorce is contested or uncontested. Depending on these details, your divorce process may vary slightly. In general, it follows these steps:

  1. Check if you meet the requirements: North Carolina has both a separation and residency requirement for couples that are looking to get divorced. To file for divorce, at least one of the partners must have been a North Carolina resident for at least six months. In addition to the residency requirement, the state also requires that the couple have been separated and living apart for at least 12 months before they can file.
  2. File a complaint for divorce and serve paperwork: The official process of a divorce begins when an individual files a complaint for divorce through the state of North Carolina. The complaint will state the details of your relationship and your divorce request, such as if you plan to need property division and other assistance. In addition to your formal complaint, you will have to fill out an affidavit and pay a fee to file your case. After one partner has filed their complaint and paid their fees, an official copy of the divorce request must be served on the other partner. The partner who files for divorce first will be referred to as the Plaintiff during the legal proceedings, while the partner who responds to the request is known as the Defendant.
  3. See if your spouse contests: After serving your partner with your divorce request, they will have 30 days to respond with agreements or complaints. If your partner has no conflicts, they can sign the papers and return them to you to begin finalizing the divorce. If your partner contests any aspects of the request, you will have to go to court to settle your disagreements. This can include determining details such as child custody or alimony.
  4. Hearing and judgment: After your divorce request has been signed and sent back and any issues have been resolved, you can then enter the final stages of your divorce. Your final divorce hearing will include a judge who hears both partners out and ensures that all legal requirements have been met, such as proper service of papers and financial settlements being handled. From there, your divorce will enter the final judgment stage, where it is finalized.

Contested vs. Uncontested Divorce

In North Carolina, a divorce can either be contested or uncontested. An uncontested divorce occurs when both partners can agree on the different legal aspects of their separation, such as property division and child custody, before going to court. In some cases of an uncontested divorce, a couple may go through mediation to resolve some issues, but their case can still be classified as uncontested. In an uncontested divorce, the process often moves much faster than in a contested divorce because all disagreements have been settled before going to court for a hearing. When a divorce is contested, this means that both parties are unable to come to an agreement on the terms of the divorce and need assistance from the court before their separation can be finalized.

Important Aspects of a Divorce

When getting divorced, you will most likely have to come to agreements on important details such as:

Property Division

Because North Carolina is not a community property state, it follows a process known as “equitable distribution” when dividing property in a divorce. Equitable distribution recognizes marriage as a shared partnership, meaning that the property and assets that were acquired during that marriage are equally owned and must be split equally in the case of a divorce. The division in equitable distribution is 50/50, meaning each spouse is entitled to an equal 50% of their estate.

Child Custody

When children are involved in a divorce, things can often become complex. Child custody is one aspect of a divorce that often results in conflict, as in most cases both parents want custody of their children. During your divorce, you will have to come to agreements on the legal and physical custody of your children as well as visitation rights.

Child Support

Child support agreements go hand in hand with child custody decisions. This is because in most cases, the noncustodial parent, which is the parent who does not have primary custody, will be required to pay child support. The amount that a parent must pay in child support will depend on their incomes, the custody situation, the number of children, and more.

Alimony

Alimony, otherwise commonly known as spousal support, is a payment made from one partner to the other after they divorce. Spousal support is not required in every divorce, but it is if a partner can prove that they need financial assistance to continue living comfortably. In many cases, if one partner was the major breadwinner of the home, they may be required to pay alimony until their ex-partner can get back on their feet.

How a Divorce Attorney Can Help You

When it comes to dissolving a marriage, the process can be daunting. No one should ever have to go through a divorce alone, which is why having an experienced divorce lawyer on your side can make things immensely easier on you. At The Law Offices of Aimee E. Cain, our team is committed to helping clients get through the divorce process as comfortably as possible. We can use our extensive knowledge of the law and experience to not only guide you through the legal proceedings of your case but also provide you with expert advice and compassionate support along the way.

In addition to helping you navigate the legal details of your divorce, we can use our negotiation skills to fight for you during child support, child custody, and alimony conflicts. Our team knows how difficult divorces can be, which is why we work to fight for the best overall outcome and ensure that your case is handled properly.

Salisbury Family Law FAQs

Q: Does It Matter Who Files for Divorce First in North Carolina?

A: In general, it does not matter who files first for a divorce in North Carolina. No spouse will receive the upper hand if they file first, and vice versa. The responding spouse will also not be negatively impacted. The court will make its decisions based on the facts of the case and the arguments presented by both parties.

Q: How Do I Serve My Spouse With a Divorce Request in North Carolina?

A: You can serve your spouse divorce papers through approved methods, including having a sheriff deliver the papers personally or having them sent through a certified mail service. In some rare cases, when a spouse does not know where their partner is, a notice of the divorce can be given through a publication.

Q: How Long Does the Divorce Process Take in North Carolina?

A: The length of your divorce will depend on whether it is contested. After your required 12-month separation period, a divorce will take an average of 30 to 60 days to be finalized. If there are a variety of conflicts, this process can take longer until everything is resolved. An experienced divorce attorney can give you a general estimate of the time your divorce will take based on the conflicts involved.

Q: Is Alimony Required in a North Carolina Divorce?

A: Every divorcee has the right to request alimony, but it will only be approved if the individual can prove that they have financial needs they will not be able to meet without assistance from spousal support. The aid of an expert divorce attorney will be vital, whether you are the party requesting alimony or the party that is attempting to reduce or eliminate the alimony you might be required to pay to your ex-spouse.

Divorce Representation that You Can Count On: The Law Offices of Aimee E. Cain

While divorces can be difficult, working with an expert family law attorney can make the process much less daunting. Combining years of experience, knowledge of the law, and empathy, no other legal firm can provide you with the same compassionate, expert legal services that we can.

If you are going through a divorce in Salisbury, seek legal representation that you can count on today. To learn more about how our team at The Law Offices of Aimee E. Cain can help you, contact us today.

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