At King Law, we use a practical, personalized, and flexible approach to handling divorce cases. Our main goal is to help ensure your priorities are met during the process. Everyone’s experience with divorce is unique, and we have years of experience handling all kinds of divorce cases in North Carolina. Whether your divorce is amicable or of high interest, we are here to advise you through the process and help you negotiate an equitable settlement.
Uncontested Vs. Contested Divorce in North Carolina
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.
North Carolina’s No-Fault Divorce Policy
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.
Exceptions to No-Fault in North Carolina
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
- Evicting the other spouse from the home in an abusive or spiteful manner.
The Difference Between Separation and Divorce in North Carolina
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.
Family Lawyers in Cherryville, NC You Can Trust
Family disputes are stressful and emotional. Whether you are pursuing divorce or separation, the best way to move forward in the process is to work with a skilled family and divorce lawyer. The knowledgeable lawyers at King Law understand the intricacies of North Carolina family law and are committed to standing by your side throughout the entirety of your divorce or separation process. We can assist you in handling factors such as alimony, child support, property division, and child custody to ensure you enter the best possible settlement.
We are dedicated to building relationships with our clients, learning what matters most in their lives, and helping them achieve the future they want. When you partner with our team, we will work tirelessly to obtain the most desirable results for you and your family. Call the office of King Law at (866) 318-6086 or reach out to us online to schedule a consultation today.