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Attorneys at Raleigh Divorce Law Firm

Divorce FAQ

Every divorce is different, but not every question facing those getting divorced is unique. Your divorce will be a compilation of many factors that coincide with established precedents. But, as your divorce lawyers, we’ll be your guides through all of that.

Our first job is to educate you on the entire divorce process, and that means answering your questions. To help you get started, below are answers to a few questions that we get the most.

How long does the divorce process take?

In North Carolina, there is a built-in 30-day waiting period for an uncontested divorce. During that time, a spouse seeking divorce must wait for the other spouse to respond to it. However, the waiting period only applies to the filing of the divorce proceedings – the court date and the filing dates for the paperwork.

For a no-fault divorce, there are several other important pieces to understand, such as the stipulation mandating that the spouses live separately for one year. Additionally, if your spouse contests the divorce, things could take much longer. Divorce will take as long as it takes.

What is the difference between a contested and an uncontested divorce?

An uncontested divorce is one in which both parties agree on how all marital controversies should be resolved, from child custody to property division to spousal support. If you and your soon-to-be ex have fully worked out the terms of the divorce, then the state will accept your agreements.

A contested divorce means that there is a disagreement regarding one or more parts of the dissolution. Resolving disagreements can require mediation, negotiation or litigation.

Do I need a lawyer to get a divorce?

The only thing the state of North Carolina requires for a divorce is accurate paperwork filed on time. However, going it alone during your divorce may not be the best option, because only an experienced divorce lawyer will have the familiarity with the law and the court systems in Raleigh.

We also know what the law says you deserve from your divorce. There’s nothing wrong with trying to work things out yourself first, but at a certain point, a divorce attorney may make the process a lot easier on you.

How is child custody determined?

Child custody is determined based on the child’s best interests. If there are safety concerns, then one parent may get full custody. However, typically, the courts will prioritize a joint custody situation.

Will I have to pay alimony/spousal support?

Alimony is not automatic in North Carolina, but, depending on many factors, you may have to pay support. The relative difference in income and the length of the marriage are two of those determining factors.

How is property divided in a divorce?

North Carolina has an equitable distribution model for property division. This does not mean that both sides will get a 50% share. Each side will get a fair share of the estate based on the length of the marriage, contributions and several other factors.

Can I change my name back to my maiden name as part of the divorce?

You may change your name post-divorce and make it part of the divorce decree. It is a procedural addition to the divorce paperwork.

What should I do to prepare for divorce proceedings?

Preparing for divorce proceedings is a matter of compiling documentation. This includes financial records, for the most part, but also deeds, sale agreements, tax documents and marriage certificates. You need to collect a large amount of paperwork to effectively pursue your divorce.

How can I protect my children during the divorce process?

Protecting your children from a physically abusive spouse may take the use of a protective order. North Carolina law provides several options, and we can assist you in pursuing those.

What are the tax implications of a divorce?

At the bare minimum, your filing status may change, but divorce has a complicated relationship with taxes. Depending on the breakdown of your estate and the changes in your finances post-divorce, your taxes will change dramatically.

Can a divorce decree be modified?

Yes. No divorce decree is set in stone. It must be changed as your life changes, and to do that, you will need to receive modifications through the court.

Get Answer To All Your Questions

As separation attorneys, we’re here to help you. We know the law and can provide you with our perspective and advocacy throughout your divorce. We will take your side and keep your confidence for as long as you need us. Reach out to us today for a consultation at 919-926-1943 or send an email using this online form.