Getting a divorce in North Carolina means you’re legally seeking to end your marriage with your spouse. Because divorce is one of the most common legal issues throughout the country, many people have different versions or opinions about North Carolina divorce laws and how the legal process works. Many people even claim that they’re knowledgeable about family law.
The fact is that family law varies widely from state to state, which means that one state handles the divorce process differently from another state. Therefore, one person’s familiarity with a certain divorce law may only be applicable to another state and not be applicable in the state of North Carolina. Also, the knowledge an average person has about say a certain divorce law may no longer be in effect due to frequent changes in the North Carolina family law statues. The bottom line is getting advice regarding the divorce process from non-lawyers or from attorneys that do not solely practice divorce or family law often leads to misinformation.
The legal process of getting a divorce or absolute divorce in North Carolina involves filing a complaint with the court by the petitioning spouse. The other spouse needs to be served with the complaint. In case of failure of the other spouse to respond to the served complaint, the petitioning spouse may get the divorce within 60 days. In NC, filing for a divorce may waive some of the petitioner’s rights. These rights cannot be taken back once they are waived.
Going through a divorce is an extremely stressful process, especially when you have to appear in court due to the failure of reaching an agreement. Because we understand the difficulties people typically experience when going through a divorce, we will consider all cost-effective alternatives to settle your case. Reaching an agreement with your spouse will reduce your legal expenditures and allows you to actively finalize your case. This also excludes the possibility of going to trial and facing the uncertainty of a judge’s verdict.
In North Carolina, you will have to attend mediation if equitable distribution of property or child custody is involved in your divorce case. You and your spouse will then negotiate the settlement of your case at mediation. If an agreement with your spouse is not reached and litigation is the only option left, an experienced NC divorce attorney can help prepare you for your hearings and help you focus on the most important factors to help you succeed in your case.
If you have questions, you can contact the McIlveen Family Law Firm at (828) 523-4155
- Absolute Divorce
- Collaborative Divorce
- Contested Divorce
- Uncontested Divorce
- Divorce Trial
- Flat Fee Divorce
- High Net Worth Divorce
- No Fault Divorce
- How Adultery Impacts Divorce
- Same Sex Divorce
- Is Divorce Ruining Your Finances?
- Representing Men in North Carolina Divorce
- Representing Women in North Carolina Divorce
- Temporary Hearings
- Pre-filing Requirements
- The Significance of the Discovery Process
- Divorce Waiting Period