When you married your spouse, divorce was probably the last thing on your mind. In fact, even if
you and your spouse formed a prenuptial agreement, separating in the future wasn’t something you
were planning on. As such, if you’re considering dissolving your marriage now, you may have some
preconceived notions about the divorce process based on:
- a lack of research
- commonly perpetuated divorce misinformation
Here’s a look into some common myths about divorce that
people still think is true - if you are considering divorce, our Wilmington divorce attorneys can
1. You Have to Prove Fault
One common myth about divorce is that in order to file for divorce in Wilmington, the spouse
petitioning for the divorce must prove the fault of the other. While the state of North Carolina does
recognize fault grounds for divorce, including adultery or abandonment, most divorcing parties
pursue a no-fault divorce. In order to be granted a no-fault divorce in Wilmington, you and your
spouse must live separate and apart for a time period of no less than one year (North Carolina Code
2. You Don’t Need a Lawyer
Another misconception about getting a divorce in North Carolina is that parties in a divorce don’t
require legal representation, especially if the divorce isn’t contested. While this is technically true--
there is no law that requires lawyers to participate in a couple’s divorce--working with an attorney
is strongly recommended, even if you and your spouse are in agreement about the divorce. At the
very least, your attorney can review all divorce-related documents on your behalf to ensure that
your best interests are protected; at the most, your attorney can represent you in divorce court.
3. Courts Favor Mothers in Custody Arrangements
While courts used to recognize maternal preference in custody arrangements, there is no longer a
the presumption that a child’s mother is the aptest, most capable, and most nurturing when it comes to
caring for a child. Instead, both fathers and mothers have an equal opportunity to seek custody of
and visitation with their child, and to whom custody is granted is based on the child’s best interests,
as determined by numerous different factors.
4. Divorce Is Unaffordable
There is no doubt that divorce can be expensive. From filing fees to lawyers’ and court fees and
more, divorce can’t be described as cheap. However, divorce doesn’t have to cost a fortune. In fact,
by attending mediated sessions with your spouse and negotiating your divorce settlement outside
of court, you can greatly reduce both the time that it takes to settle your divorce and the amount of
money that you spend on divorce.
Call Speaks Law Firm, PC Family Law Division Today
If you have more questions about divorce in North Carolina, our Wilmington family law attorneys from Speaks Law Firm, PC Family Law Division can help. We have been representing clients in divorce cases for years, and
understand how sensitive an issue divorce can be. We are highly knowledgeable in our state’s
divorce laws, including child custody law, property division laws, spousal support laws, and more.
For representation that you can trust, reach out to our firm today for a consultation.
Speaks Law Firm, PC Family Law Division
300 N. 3rd St. Suite 310
Wilmington, NC 28401