Experienced Family Law Attorneys Ready to Help with Your Divorce
Ending your marriage will probably be one of the most difficult experiences of your life. The difficulty is not just emotional, but legal as well. When it comes time for separation and divorce, seek the counsel of our experienced and professional North Carolina divorce attorneys at Dummit Fradin. With over 30 years in the legal field, our law firm understands the ins and outs of the family court system thoroughly.
The information on this page is meant to help familiarize you with the North Carolina family court system. However, we strongly advise that you seek the help of an experienced attorney if you find yourself in a domestic issue.
Unfortunately, divorce, in and of itself, does not allow the court to consider other issues like:
If these are issues you need resolved, do not try to handle them yourself! Call one of our Proven Winston-Salem Divorce Attorneys right away!
Ready to file for divorce? Call (336) 962-7221 to schedule an initial consultation.
A trusted divorce attorney explains how divorce is not the same thing as being legally separated.
A knowledgeable Family Law Attorney lays out the steps to a North Carolina divorce.
Separation:
- North Carolina requires a one-year separation period before filing for an absolute divorce. This means living apart and demonstrating that you intend to end the marriage.
Serving the Complaint:
- The other spouse (defendant) must be formally notified of the complaint. This is typically done through certified mail or by a sheriff.
Negotiating a Settlement:
- While not mandatory, it’s highly recommended to work out a settlement agreement with your spouse that addresses property division (marital assets and debts) and spousal support (alimony). This can be done through mediation or negotiation with attorneys.
Once these things have been accomplished, a divorce can be finalized.
Considering an Attorney:
While navigating a divorce yourself is possible, consulting with one of our experienced Dummit Fradin attorneys is recommended. They can guide you through the complexities of the process, ensure your rights are protected, and represent you in court if necessary.
Divorce and annulments are similar in the fact that they end marriages. However, the effects of each are different.
Annulment
An annulment can only be granted in very specific circumstances. But, it can be granted immediately. Annulments are rare. The most common reason for one is a bigamist marriage. Meaning, one person is married to more than one person at the same time. Another difference is that an annulment must have findings of fact set forth by a judge. Keep in mind, if a marriage is annulled, the parties will not have the same rights as they would under a divorce.
Divorce
Divorce requires a year and a day separation period. In a divorce, the parties may not be required to appear in court. Divorces are also a more straightforward and realistic remedy to achieve.
A trusted Family Law Attorney gives a brief overview of the divorce process in North Carolina while discussing why it is important to at least consult with an attorney to ensure everything is properly handled. Having an attorney help will ensure that your rights are protected in the future and also help by keeping track of important deadlines. During your separation period, your attorney will determine if you are entitled to spousal support or alimony. So, while it is possible to file for divorce without an attorney, the system is designed to work with attorneys and it’s not a good idea to try it by yourself.
I’ve Been Served with a Divorce. What Do I Need to Do?
Once you’ve been served with a divorce complaint in North Carolina, it is very important that you answer the complaint in a timely manner. Usually, you will have 30 days after you’ve been served to answer the divorce. If you need more time, an attorney may be able to request an extension for you.
It is important to answer the divorce if there are issues that you need to resolve as part of the divorce such as property division or spousal support. If you don’t answer the divorce, you risk the requests within the divorce complaint being granted without your input. So, it’s important to consult with an experienced family law attorney about your options.
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Absolute Divorce in Winston-Salem, NC
In Winston-Salem and throughout North Carolina, any divorce is also known as an “Absolute Divorce.”
A divorce does not require fault from either partner in the marriage; this is known as a “No-Fault Divorce.”
If you want a divorce in Winston-Salem, you need to petition the court for a “judgement of absolute divorce”. Once a judge grants the petition for Absolute Divorce, the marriage is officially ended and both partners are considered single again.
The Divorce Process in North Carolina
Nearly 50% of marriages in the U.S. end in divorce, and it is difficult to find a family that is not affected by divorce, either directly or indirectly. Divorcing couples should recognize several key distinctions in North Carolina divorce law.
First, a couple is only eligible for divorce after one year of separation. This means that the parties have physically separated, and at least one of them intends to end the marital relationship permanently. This separation must last for one full year before the parties are eligible for divorce in North Carolina. At least one of the parties must also reside in the state for at least six months before filing for divorce.
Importantly, North Carolina is a “no-fault” divorce state, meaning that factors such as infidelity or abandonment are not considered for actually securing a divorce. The only requirements are that the parties have a valid marriage, have been separated for one year or more, and that at least one party is a resident of North Carolina for six or more months before filing for divorce. North Carolina divorces are governed by N.C.G.S. § 50-6. The divorce process dissolves the bonds of marriage between husband and wife.
Once the conditions are met, you can petition the court and the judge will grant a divorce or will instruct concerning what conditions were not satisfied. If you have any questions about these criteria, our Winston-Salem Divorce Attorneys are happy to assist you. Contact us today for a consultation and smooth the way for your North Carolina divorce!
Divorce Criteria
Understanding Legal Separation
Spouses often confuse the meaning of “separation” and inquire about “legal separation.” Physical separation, meaning the parties no longer reside in the same residence and at least one party intends to end the marital relationship, is all that is required for the one-year statutory period. No formal documents are necessary to establish that a husband and wife are separated.
However, in most cases, a separation agreement can be used to resolve most of the marital issues that are a result of a separation including child custody and visitation, spousal support, and property distribution without the necessity of litigation. If you’d like to learn more about getting a separation agreement, contact our family lawyers today.
Separations: The First Step to Divorce
In order to petition the court for a divorce, both partners in the marriage must have spent a period of one year legally separated. In Winston-Salem, there are only two types of separation, voluntary and “divorce from bed and board”. Easily the most common separation is voluntary separation. The Winston-Salem courts consider the start date of the separation to be the first day the married couple starts living apart with the intent to be divorced.
You can’t share a home and be considered separated in North Carolina. Both members of the marriage must have separate residences. The Forsyth County courts do not require an formal separation agreement, in order for the separation to be legal.
The second type of separation is rarely used, but the Winston-Salem courts can grant a separation known as “divorce from bed and board.” This form of forced, involuntary separation is rarely done, but it is wise to be aware of its existence.
Contact our Winston-Salem divorce attorneys to discuss the course of action for your particular divorce case.
High-Asset Divorce Lawyers You Can Trust
People usually consider those of high net worth to have at least $1 million in “liquid assets” available, meaning they can quickly and fairly easily turn the assets into cash. High net worth individuals also tend to have complex financial portfolios, which can make the divorce process much more lengthy and complicated.
One of the things that can make a high-asset divorce particularly complicated is property and debt division. If the marriage didn’t begin with a prenuptial agreement, everything shared by both people during the marriage is considered marital property or marital debt and subject to equitable distribution to both partners.
To speed up the division process effectively, hire a forensic accountant and a business valuation expert. These professionals possess the expertise to accurately identify and assess all your marital and separate assets, ensuring that the divorce proceedings are fair and the assets and debts to be divided are clearly defined. Furthermore, forensic accountants are essential if you suspect your spouse is hiding financial assets from you or the court. Taking this step will significantly strengthen your position during the divorce.
Divorce proceedings can affect some of the following:
Spousal Support
If you are the higher-earning spouse, the court may require you to pay spousal support, generally called alimony. If your partner was financially dependent on you during the marriage, they are likely to require spousal support following the divorce. The North Carolina General Statute 50-16.1A states a dependent spouse is one who is “actually substantially reliant on the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse.” The court will usually consider the following when deciding on spousal support:
In alimony cases, the judge will take marital misconduct into account when deciding the amount, if any, of post-separation support that is necessary. Additionally, the court will determine the amount, duration, and method of payment for long-term spousal support.
Divorce Self-help Center in Winston-Salem, NC
People hoping to obtain a divorce in Winston-Salem can utilize the courthouse self-help center on their website to review forms and processes. However, the self-help package DOES NOT cover child support, child custody, distribution of property, or spousal support. In addition, they cannot give legal advice regarding your divorce. Only a licensed attorney can advise you of the consequences of divorce.
Most divorces in Winston-Salem are uncontested, also known as simple divorces. An uncontested divorce is one where both spouses agree to the divorce. However, agreement or consent is not enough. Once you have served the complaint and waited the required 30 days, a motion for summary judgment will need to be filed and a hearing date for the divorce must be set at the Forsyth County Courthouse in Winston-Salem.
If the criteria for divorce have been met: the case has been properly noticed, a certificate of divorce has been filed, and the parties have followed the appropriate timelines, only then can a Judge in Forsyth County grant the petition for an absolute divorce. However, if any mistakes are made, which can easily happen when dealing with the complexities of divorce, those mistakes can greatly delay your divorce and the rights that come with it.
Our North Carolina family law attorneys at Dummit Fradin are experienced with all matters resulting from the breakdown of a marriage and can help you through the process with sympathy and professionalism. We recognize the importance of these matters to your family and use our experience to ensure that your rights are protected.