Divorce Is Not An Easy Choice
Separation and divorce were likely not contemplated when you entered into your marriage. Ending a marriage is an emotional and difficult process, and divorce is never an easy choice to make.
If you are separating from your spouse or are considering filing for divorce, the attorneys at Gantt Family Law can guide you through this process and ensure that your interests and rights are protected. We provide representation throughout your separation and divorce, offering a compassionate and experienced team of attorneys to help your family achieve the most favorable divorce outcomes and safeguard your legal rights. We will be with you every step of the way and help you achieve the goals that are best for your unique situation, whether you face a contested or uncontested divorce.
Guiding You Through The Nuances Of A North Carolina Divorce
Gantt Family Law handles complex divorce cases across North Carolina. We understand how difficult untangling your marriage can be and that your situation may differ from others. That’s why we help you seek an amicable resolution through thorough negotiations. We also understand that resolving these issues may require more detailed discussions and can help bring your case to court when necessary.
When going to court isn’t necessary, we can help you with other forms of dispute resolution, which can offer a more civil and cost-effective approach to your divorce proceedings.
What Are The Requirements For A North Carolina Divorce?
As North Carolina is a “no-fault” divorce state, spouses can end their marriage at any time without reason. To obtain an absolute divorce, spouses must typically meet the following requirements:
- One of them has lived in North Carolina for at least six months
- They have lived apart for at least 12 months
- They live separately because they plan to divorce
While many couples agree to end their marriage, people do not necessarily have to have their spouse’s agreement to obtain a divorce. They must only meet these requirements and ensure their spouse receives legal notice that they filed a divorce petition with the court.
In some cases, North Carolina courts may grant an absolute divorce on the grounds of incurable insanity, requiring spouses to live separately for three years because one was confined for medical treatment.
What Are The Steps In The Divorce Process?
Every couple’s situation is unique, but the divorce process looks similar for every couple that ends their marriage in North Carolina. Once couples meet the requirements for divorce, they can pursue a divorce by following these steps:
- File a divorce complaint with the court in the county where the filing spouse lives.
- The non-filing spouse receives notice of the divorce petition.
- The couple receives a court date.
- If agreement is possible, negotiate the particulars of divorce and present the resulting divorce agreement to the court.
- If agreement is impossible, present evidence to the court so the judge can issue the final divorce order. Divorces that require litigation may involve multiple hearings.
- The judge finalizes the absolute divorce.
At Gantt Family Law, our Wake County divorce attorneys can offer guidance and insights at every stage of this process. This can help you make informed decisions protecting your finances and best interests as you end your marriage.
What Is The Difference Between A Contested And Uncontested Divorce?
An uncontested divorce occurs when a couple agrees on their divorce’s terms or can come to an agreement through negotiation. Because these divorces do not involve litigation, they are often less costly and lead to a faster resolution during the divorce process.
A contested divorce, on the other hand, occurs when a couple does not agree on the details of their divorce. They may disagree on dividing their property, parenting plan, or support payments like child support or alimony. If a couple cannot negotiate an agreement using alternative dispute resolution methods, they may turn to the court to reach a fair resolution.
An absolute divorce in North Carolina fully dissolves the marriage. Still, it may not address important issues, such as property division, alimony, child custody and child support. This is why having a lawyer well-versed in the complexities of the divorce process is essential. At Gantt Family Law, we work with our clients to determine whether litigation or alternative dispute resolution methods are a better fit to resolve issues in an individual’s divorce. If you need an absolute divorce or someone to fight for you in court aggressively, our triangle area divorce attorneys are here for you.
Are There Alternatives To Divorce In North Carolina?
If a couple is not ready to end their marriage, a separation allows them to live separate lives while remaining legally married. Couples who want to pursue a separation need to create a separation agreement that outlines the separation of their lives and finances. Depending on their situation, they may also need to address issues like child custody, the division of their property or other details in their separation agreement.
In some cases, you may also be able to pursue a court-ordered separation, also known as a “divorce from bed and board.” This type of legal separation does not require your spouse’s agreement. The court can order a separation in cases of adultery, serious addiction, abandonment, cruel treatment and other challenges.
Whether you and your spouse agree to separate or you pursue a court-ordered separation due to difficult circumstances, legal separation divides your life and your finances. This can be the first step toward divorce, or you can maintain your legal marriage while living apart from each other. Because you remain legally married, you cannot marry again while separated.
Rely On Experienced Divorce Attorneys In Raleigh To Protect What Matters Most To You
Ending a marriage can come with emotional challenges and financial implications. Planning and advocating for your interests can help you maintain the assets you have worked hard to build, including those you possessed before the marriage. We have the experience and resources necessary to help you address your interests in a way that can help you seek favorable outcomes. Our lead attorney, Richard Gantt, has received accolades throughout the North Carolina legal community for his dedication, hard work and advocacy for his clients.
Disclaimer: Gantt Family Law’s legal articles are for educational purposes only and are not offered to provide legal advice. By reading our legal articles, you understand that there is no attorney-client relationship created between you and Gantt Family Law. Gantt Family Law’s legal articles do not constitute legal advice. You should not act upon any information provided herein without seeking advice from a lawyer licensed in your own state or jurisdiction. These legal articles should not be used as a substitution for competent legal advice from a licensed professional attorney in your jurisdiction. Any and all use of the legal articles is at your own risk. The materials presented may not reflect the most recent legal developments, verdicts or settlements. Gantt Family Law is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances.