While the divorce process is painstaking, a happy ending is possible. The key is having an amicable divorce—one that doesn’t tear your family apart. In an ideal world, proceedings would be uncontested, and both parties would find common ground on topics like child custody, assets, debt, property, and liability distribution. Some issues, however, simply cannot be agreed upon. In either case, the family law attorneys at King Law Offices can help you manage and navigate the divorce process in a way that protects your interests and rights. Call 888-748-KING for a consultation today.
Understanding Common Divorce Terms in Asheville
When you marry, you enter a legal contract. Apart from the benefits you receive through your union, you typically need to manage your finances, properties, and other assets differently from before you married. During a divorce, all those joint holdings you and your spouse have assumed must be untangled. This adds layers of complexity to an already emotionally challenging time. Often, the legal terminology associated with divorce proceedings is undoubtedly confusing. Here is a breakdown of the most commonly used divorce terms:
- Absolute divorce: North Carolina defines “absolute divorce” as the termination of a marriage contract, which was established initially by your wedding and marriage certificate.
- Divorce from bed and board: A bed and board divorce is a legal action that centers on fault. Divorce from bed and board constitutes the basis of a legal separation, not the dissolution of a marriage. This separation does not break the matrimonial bonds, meaning neither spouse can remarry.
- Equitable distribution: North Carolina does not recognize community property. As a result, judges will divide property based on the equitable distribution method, giving each spouse an equal share of the property.
- High-asset divorce: When there are high assets in a divorce, there are greater financial risks. Stocks, real estate, trust funds, business interests, and more comprise valuable assets.
- Collaborative divorce: A legal divorce method that gives couples the option to negotiate all the terms of a divorce settlement through facilitated, non-adversarial mediation and negotiation techniques.
- Contested divorce: During a contested divorce, the spouses cannot reach an agreement on key issues necessary to end a marriage.
- Uncontested divorce: In an uncontested divorce, both spouses agree to the terms of their divorce.
- Fault divorce: One spouse may seek a divorce by arguing that the other is at fault for such things as adultery, abandonment, or imprisonment.
- No-fault divorce: A divorce in which neither party must prove the other spouse acted wrongly.
The Asheville divorce lawyers at King Law Offices possess the expertise needed to make the legal process simpler and clearer for you. We will provide you with insight into the divorce process so that you feel more comfortable taking the next steps. We recommend you contact our office to begin your divorce before attempting to navigate proceedings on your own. By seeking experienced counsel from the start, you may avoid costly errors down the road.
Grounds for Divorce in North Carolina
If you seek to divorce your spouse, you must follow specific procedures. To obtain an absolute divorce in North Carolina, you must first satisfy the state’s eligibility requirements.
North Carolina law requires that you and your spouse be separated for at least one year (12 consecutive months) and reside in the state for six months prior to obtaining a divorce. Since North Carolina is a no-fault divorce state, you do not need a reason to divorce; you must only meet the criteria to qualify. Alternatively, you can file for divorce on the basis of incurable insanity.
During the filing process, numerous court forms must be completed, and procedures must be followed correctly. In the course of filing for a divorce, considerations such as child support, spousal support, child custody, and asset or property division emerge. Any requests, decisions, and agreements must be sought or disclosed in your divorce petition. If you have additional questions about your rights or need assistance completing forms, you should consult an Asheville divorce lawyer.
How Guidance from an Asheville Divorce Lawyer Can Help
If you are on relatively civil terms with your soon-to-be ex-spouse, you may believe you do not need legal assistance to handle your divorce. While a divorce can be negotiated privately with your spouse, hiring an attorney gives you extra peace of mind and protects your interests in the divorce process. The earlier you equip yourself with a trusted attorney, the better the terms may be –– especially if your spouse has already done so. A just and reasonable outcome in your divorce case can be reached by eliminating power imbalances and leveling the playing field.
In addition to providing high-quality legal guidance, your Asheville divorce attorney can also assist with administrative duties, as well as investigate ways to resolve conflicts through alternative dispute resolution if necessary. By working with a lawyer, you will ensure that your proceedings move along in a positive manner.
Divorce is never an easy experience. At times, a divorce dispute cannot be resolved by friendly negotiation. In such cases, litigation may be necessary. When resolution is ineffective and you need a powerful advocate on your side, King Law Offices will protect what is important to you with our most dedicated and aggressive representation. Our professional legal team will help you prepare for the proceedings that follow, ensuring that all the court’s formal procedure requirements have been met so that your divorce can proceed peacefully and efficiently.
Compassionate Divorce Attorneys Serving Asheville, North Carolina
At King Law Offices, our goal is to provide you with a sound strategy and competent representation that enables you to achieve your goals and obtain the best possible result, whether that means settling your case through mediation or taking your case to trial when a resolution is unsuccessful. Most of all, we understand that divorce can have a profound impact on the entire family and that no two divorces are the same.
If you are considering divorce or have been served with divorce papers from your spouse, move forward with confidence knowing that you are partnering with one of Asheville’s top divorce law firms. We will provide you with the individual attention and advocacy you need to move through this time as painlessly as possible. Call us today at 888-748-KING (5464) to arrange a confidential consultation.