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April 4, 2023
R. Clarke Speaks

FAQS About Divorce

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Below are some frequently asked questions about Divorce:

Who can file for divorce in North Carolina?

Our firm’s experienced Wilmington divorce lawyers can clarify all the filing requirements for North Carolina divorces. You can start divorce proceedings in North Carolina if:

  • You have lived apart from your spouse for at least a year
  • Either you or your spouse has lived in NC for 6 months or more

Generally, North Carolina is a no-fault divorce state. If even one of the spouses wishes to end the marriage, it’s enough to start the divorce process. However, because of the one-year waiting period, people who choose to divorce because of marital misconduct like adultery or abuse may pursue legal separation first.

How does asset distribution work in North Carolina?

Our skilled divorce lawyer at Speaks Law Firm, PC Family Law Division can help protect your rights during property distribution. In North Carolina, you have two asset distribution options:

  1. Covering all property settlement issues in a voluntary separation agreement
    Settling property division in a divorce court
  2. We strongly recommend the first option to save time and money, avoid conflict, and give you more control over asset distribution.

When dividing marital assets, NC divorce courts use the principle of equitable distribution rather than a 50-50 split. The court’s goal is fair asset distribution based on both spouses’ income, earning capacity, needs, and child custody arrangements.

How can I protect my parental rights during divorce?

Consult our Wilmington divorce attorney team to protect your children’s interests and your parental rights during divorce. If you have minor children, preserving stability in their lives during and after divorce is your primary concern.

NC divorce courts always prefer that the co-parents work out a mutually acceptable custody and visitation plan. If custody disagreements arise, the judge will usually mandate mediation for the co-parents before hearing the case. The child’s best interests are the deciding factor in all custody disputes.

Do I need a family & divorce lawyer in NC?

While some couples settle their divorces without legal help, it’s highly advisable to work with a knowledgeable family divorce lawyer who can counsel you on your legal rights, negotiate with your spouse and their divorce attorney, draft or revise a separation agreement, and smooth any conflicts that arise during divorce. At Speaks Law Firm, PC Family Law Division in Wilmington, NC, we are here to represent and advise you as you go through this stressful life event. Call us at (910) 769-7339 for a consultation.

Copyright © 2023. Speaks Law Firm, PC Family Law Division. All Rights Reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Speaks Law Firm, PC Family Law Division
300 N. 3rd St. Suite 310
Wilmington, NC 28401

(910) 769-7339https://speaksfamilylaw.com/

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