Divorce Attorney in Wilmington NC – Divorce Lawyer Reviews

If you ask any divorce lawyer, the consensus will be, the decision to end your marriage is one that likely has not been easy. Once you have decided that the marriage is over, if you live in Wilmington NC, the first step is to choose from a list of divorce lawyers near you. NC Lawyers can be instrumental in assisting you throughout the whole divorce process, answering your questions and generally guiding you along the way. You’ll have much less stress and make better choices with help from your divorce attorney.

In order to file for divorce in North Carolina, you will need to go through the courts and this can be accomplished with help from a divorce attorney. Either you or your spouse needs to file. The person who files is the petitioner, and the other spouse is the respondent.

There may or may not be advantages to being the first to file, it all depends on your particular circumstances. If you and your spouse are in agreement that you both want to end the marriage, the person who files first has slightly better control over the time frames.

When you know you are going to file for divorce, you can immediately begin to prepare. It is important that you protect your community assets through the process. Your divorce lawyer will assist you in protecting your marital assets so that there are no problems later when you are ready to agree to a settlement. It is helpful to consult with divorce lawyers in Wilmington to answer your questions and start preparing for the divorce process.

Divorce Law – Choosing The Best Divorce Lawyer for Your Case

North Carolina is considered a hybrid state when it comes to grounds for divorce. Couples may have grounds, or a reason, for requesting to end the union, and a divorce may either be “no-fault” or fault-based. A no-fault divorce means that the couple is no longer able to get along and they no longer want to be married, and it is the most common type of divorce. Your divorce lawyer will evaluate your case and consider your concerns before providing you with your available options.

No-Fault Divorce

A no-fault divorce simply means that the marriage is over and no blame is placed on either party. Although you may have some more serious problems in your marriage, you can decide to utilize a no-fault option. No-fault divorce is somewhat easier and less complicated than when you use grounds for divorce. There is nothing to prove in a no-fault divorce so it can progress more smoothly.

A no-fault divorce can be initiated when one party deems the relationship irretrievably broken. A divorce lawyer will review your situation and provide you with your available options.

Grounds for Divorce

In North Carolina, the only grounds for divorce is incurable insanity. Incurable insanity means that the spouse has a mental illness or impairment that requires confinement. It is important to note that confinement does not necessarily mean that the person is institutionalized. It can also include medical care that occurs in a facility that causes the spouses to be unable to reside in the same place.

Proof of insanity is required with testimony by two physicians. If you feel that you may qualify for this type of action, you should consult with a divorce attorney in Wilmington before you move forward.

Legal Separation

In cases where there was marital misconduct, a spouse may request a “divorce from bed and board.” This request is not actually divorce, but it does allow parties to legally separate based on misconduct. The types of misconduct that are considered include:

  • abandonment
  • malicious removal
  • cruel or barbarous treatment
  • intolerable treatment
  • excessive drug or alcohol use
  • adultery

This situation can be tricky, so it is ideal to talk to a divorce attorney to learn more about your choices.

It is important to note that when obtaining a “divorce from bed and board” it can make the divorce process more complex. However, the separation clock begins as soon as the parties separate, so the required one-year period begins. It is best to speak with a divorce lawyer to help you determine the best course of action in your case.

Marital Property and Divorce – Divorce Lawyer Near You

When a couple ends a marriage in North Carolina, they are required to distribute their marital assets equitably. First, you need to understand what marital assets are and how they are to be handled in a divorce. Generally, marital property includes any belongings and assets that were purchased during the marriage.

Property that you owned prior to the marriage is not included. This is a property that you are allowed to keep, and it is separate from the settlement. The other exceptions to the marital property rule are gifts that you received during the marriage. In addition, any inheritance that you alone received.

When considering the marital property, you need to take everything into account such as bank accounts, property, stocks, and other investments, homes, vehicles, vacation homes, recreational vehicles, furniture, and antiques. It is helpful to make a list of the important and costly items that you have purchased together as a married couple. Investments and pension plans may also be included as marital property and must, therefore, be reviewed and distributed appropriately.

Additionally, obtain a copy of statements that show the amount of money in your various bank accounts. Neither you nor your spouse is allowed to remove assets until their distribution is properly resolved as part of a court order. Your divorce lawyer in Wilmington will be available to assist you in determining your assets.

NC Divorce Lawyers – Divorce and Children in North Carolina

If you and your spouse have minor children, there are many important decisions that you must make. These are issues that will impact your family for many years to come, so it is necessary to take care when making them. Keep in mind that the court will always do what is in the best interest of the child.

Parents need to hash out details about where the child will reside and how visitation with the other parent will occur. This can be accomplished with a parenting plan. Parenting plans are not difficult, but you can get assistance from a divorce attorney in Wilmington to ensure your best interests are met.

A parenting plan is a document that details the various issues regarding residence and visitation. Parents are encouraged to come to a mutual agreement on these matters whenever possible. Your divorce lawyer is adept at facilitating these types of matters and will always work to ensure that you reach a fair and agreeable resolution.

Both parents are generally required to provide care for their children, regardless of where they reside. In many cases, the non-custodial parent will need to pay support to take care of their portion of the needs of their child. Part of the parenting plan must include how and when visitation will take place. The more detailed a parenting plan is, the better because the plan is used as a guideline for both you and your spouse moving forward after the divorce.

A well-thought-out plan can help families create new habits and help children cope with the transition much more easily. Your divorce lawyer will assist in creating a parenting plan that meets your needs while ensuring that it is in the best interest of the child. The plan should also include details on how you can make modifications if they are necessary for the future. Your divorce attorney will review your plan before it is submitted to the court.

Divorce Attorneys Can Help With Settlement Agreements for Divorce

When you and your spouse part ways, it’s best to come to an agreement of the terms of the divorce. In cases where you and your spouse are unable to agree, the court will ultimately make these decisions for you, although this is not the preferred approach. Courts might require you to seek mediation to resolve your disagreements before the case will be legally resolved.

It may seem unlikely at first that you and your spouse will be able to come to an agreement on the terms of your divorce, but with the help of your divorce attorney, this is often a very strong possibility. The major terms of a settlement agreement include child custody, distribution of assets and liabilities, visitation, alimony, and support. Once you are in agreement, your divorce lawyer will draft a document that can be provided to the court.

Dispute Resolution and Mediation

Disputes are a common occurrence in the divorce process as couples often find it difficult to communicate, and emotions run high. This can make it more difficult than ever to discuss the settlement terms of your divorce. It can be extremely helpful for your divorce attorney to assist in dispute resolution because it may be easier for your lawyer to talk to your spouse’s attorney to communicate your needs and agree on a resolution.

It is necessary to understand that when all is said and done, you and your spouse will still each be entitled to approximately half of your assets. Therefore, it can be counterproductive to be disagreeable because when you can’t come to a resolution, it can end up prolonging the proceedings, and it can be more costly. In many instances, the divorce lawyers will be able to successfully resolve disagreements between you and your spouse and come to an agreement that is fair and reasonable for both parties.

If a resolution is not forthcoming, even if you and your divorce attorneys try, the next step is to seek mediation. A mediator is a professional who is experienced with divorce settlement resolutions. You, your spouse, your divorce lawyers, and the mediator will meet together to discuss the issues that are in dispute. The mediator tries to facilitate a resolution that both parties can live with and if so, a settlement agreement can be signed.

How a Wilmington, NC Divorce Lawyer Can Help

Divorce can be difficult, even for those who have been through a similar situation. When you are facing the end of your marriage, there are many issues to consider. Wilmington divorce lawyers can help you get through the process with as little stress as possible. Your divorce attorney understands the process and the laws because that is what they do every day.

Every divorce is different and has a unique set of circumstances and issues. Your divorce lawyer is there to answer your questions, help resolve your problems, and handle the situation so that you don’t have to worry. At the same time, your attorney is going to protect your rights and ensure that your divorce is resolved fairly. You will get the guidance you need as you begin to rebuild a new life for you and your family.

At Speaks Family Law, we are able to handle even the most complex divorce cases. Our divorce lawyers in Wilmington, North Carolina are available to help you resolve your situation. Schedule a consultation today to learn how Speaks Family Law can assist you with your divorce.

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