In certain situations, it may be necessary to pursue divorce. While divorce and separation can feel isolating and stressful, it’s important to know you are not alone. In fact, the majority of couples experience some type of family conflict during their marriage. If you are considering divorce or separation in Spruce Pine, NC, the team at King Law is here to help.
At King Law, we employ a personalized, practical, and adaptable strategy to divorce cases. Our primary goal is to help our clients ensure their needs and priorities are secured during the divorce process. Every person’s divorce experience is unique, and our team has years of experience handling a wide array of divorce cases in North Carolina. Whether you and your partner are on the same page or have a case of high conflict, we are here to help advise you through the process and arrive at a fair agreement.
Uncontested Vs. Contested Divorces in Spruce Pine
When couples go through the divorce process one of two scenarios occurs: They agree on how shared aspects of their life should be allocated or they don’t. In legal terms, these scenarios are referred to as uncontested and contested divorces. In uncontested divorces, the divorce resolves faster and easier, as both spouses are on the same page on how to divide their assets. However, even if you are in agreement with your spouse on most matters, it’s still a good idea to consult an attorney. A divorce lawyer can examine the agreement created between you and your partner to ensure you are receiving an equitable agreement.
In contested divorces, couples are not in agreement on certain factors, such as child support, property division, and alimony. If this describes your situation, the team at King Law can help you negotiate with your partner and reach a fair settlement. Typically, it’s best to reach a settlement without going to court. Our skilled team of divorce attorneys is dedicated to helping you and your partner negotiate acceptable terms.
What to Know About North Carolina’s No-Fault Divorce Policy
The state of North Carolina uses a no-fault approach towards divorce. This means that marital misconduct is not usually considered grounds for divorce. However, misconduct can still play a significant role in divorce proceedings by influencing factors in question, such as alimony.
In North Carolina divorce cases, the spouse with a higher annual income is referred to as the supporting spouse. Alternatively, the spouse with a lower annual income is referred to as the dependent spouse. Some of the common situations in which marital misconduct can affect divorce proceedings and outcomes between depending and supporting spouses include
- The supporting spouse engaged in acts of marital misconduct. In this situation, the dependent spouse is more likely to receive post-separation alimony and support.
- The dependent spouse engaged in acts of marital misconduct, affecting the post-separation alimony or support they may receive.
- Both spouses engaged in acts of marital misconduct, in which other factors may be considered in determining factors such as alimony and support.
These are general rules that apply to the aforementioned scenarios. However, there are some exceptions to North Carolina’s no-fault policies.
What Are the Exceptions to No-Fault Policies in North Carolina Divorces?
Most North Carolina divorces are categorized as no-fault divorces. However, in some scenarios, the actions of one spouse can be so significant that the other spouse files a “divorce from bed and board.” Bed and board divorces apply to situations where domestic violence is at play. Unlike absolute divorces, a bed and board divorce only financially separates couples, meaning the legality of their marriage is still observed by the state. Couples who pursue this route cannot remarry, as it is essentially only a court-ordered separation. In order to be eligible for a bed and board divorce, one of the following forms of misconduct must be present:
- Substance abuse that endangers a spouse and the couple’s shared children
- Evicting the other spouse from the home in an abusive manner.
Contact a Spruce Pine Divorce Attorney Today
Going through a divorce can be stressful and emotional. The best way to ensure an equitable divorce is to work with a skilled family and divorce lawyer. The knowledgeable attorneys at King Law understand the intricacies of North Carolina family law and are here to stand by your side throughout the entirety of the divorce 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 (888) 748-KING (5464) or reach out to us online to schedule a consultation today.