Cherryville, NC Family & Divorce Lawyers

When couples get divorced they either agree on how certain issues should be decided or they don’t. Legally, these two kinds of divorces are referred to as uncontested and contested. In uncontested divorces, the process tends to go faster, as both couples are on the same page. However, it is still essential to have a skilled divorce lawyer on your side. A lawyer can examine the agreement you and your partner created to ensure you are receiving a fair situation.

Alternatively, if you suspect you and your partner will disagree on factors, such as determining child support, alimony, and property division, we can assist you in reaching a settlement. In general, it is also preferable to come to a settlement on these matters without going to court. Our team is dedicated to making every effort to help you and your partner negotiate acceptable terms. Our top priority is to secure a favorable outcome without the significant cost and frustrations associated with settling the case in court.

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North Carolina employs a no-fault policy towards divorce, meaning marital misconduct is not typically considered grounds for divorce. However, this being said misconduct can play a role in divorce proceedings by affecting factors such as alimony and support.

In divorces, the spouse with the higher income earning capacity is referred to as the supporting spouse. Conversely, the spouse with the lower-income earning capacity is referred to as the dependent spouse. Some of the common scenarios in which misconduct affects divorce proceedings between dependent and supporting spouses include:

• The supporting spouse is responsible for marital misconduct, making the dependent spouse more likely to receive post-separation alimony and support.
• The dependent spouse is responsible for marital misconduct, affecting the post-separation alimony or support they may secure.
• Both spouses engaged in marital misconduct, in which other factors are taken into consideration in determining alimony and support.

These are some general rules that apply to marital misconduct. However, there are some exceptions. If marital misconduct was at play in your marriage it’s important to work with a skilled attorney to understand your options.

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In North Carolina, the majority of divorces are considered no-fault divorces. However, in some situations, the behavior of one spouse can be so severe that the other spouse seeks a “divorce from bed and board.” For example, these divorces usually apply to cases involving domestic violence. Unlike an absolute divorce, a divorce from bed and board only financially separates a couple while still upholding their legal marriage. Spouses who pursue this route cannot remarry after a divorce from bed and board, as it is only a court-ordered separation. In order to qualify for a bed and board divorce, one of the following forms of misconduct must be present:

• Abandoning the spouse
• Substance abuse in the form of alcoholism or drug abuse that endangers the other spouse or children
• Infidelity
• Evicting the other spouse from the home in an abusive or spiteful manner.

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While commonly confused or interchanged, divorce and separation are different situations. In North Carolina, you usually can’t get a divorce without being separated for a certain time period—usually, one year. Unlike divorce, when a couple has separated the bonds and legal aspects of their marriage stay intact. Conversely, when a couple pursues divorce, it is a legal process that involves dissolving their marriage.

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