If you and your spouse are looking to streamline the divorce process, you should try to agree on all major issues within the divorce. Reaching an agreement can allow you to avoid a drawn-out divorce trial and instead go through an uncontested divorce. You have surely heard countless stories of adversarial divorces in which the disagreements lead to bitter disappointments for one or both of the parties, and you recognize you have the opportunity to avoid a similar scenario. Working with an uncontested divorce lawyer can help you ensure your divorce process remains on course and efficient for both parties.
Depending on the complexity of your shared assets, property, and children, agreeing on these matters may be challenging. Before you call on a judge to make a decision for you, you can hire a divorce attorney for assistance regarding these matters.
Our uncontested divorce lawyers can help you and your spouse consider all of your options for reaching an agreement, such as divorce mediation. They can also communicate with the other spouse on your behalf, helping you avoid further conflicts.
To file for an uncontested divorce, you and your spouse should file a case on “no-fault” grounds. Neither party will be able to dispute a false claim in the divorce.
You and your spouse will also need to agree on all of the following issues:
Contact Speaks Law Firm, PC, Family Law Division today to schedule a case review, where we can assess whether uncontested divorce is the appropriate option for you.
Before you can file for divorce in North Carolina, you and your spouse must live apart for at least one year. Then, you can begin the paperwork to file for an uncontested divorce.
You will need to file the following documents with the court:
Additional paperwork may be required, depending on your circumstances. You’ll also need to pay filing fees with the court. You and your spouse will also complete a settlement agreement that discusses major issues within your divorce case.
Finally, while North Carolina has a 30-day waiting period between the time a spouse is served with paperwork and the divorce hearing, couples can coordinate so the spouse who is served submits a Waiver and Answer form to waive this requirement. This allows the court date to be set as soon as the answer is filed. You and your spouse will then need to attend a final hearing.
Uncontested divorces are often much faster than contested divorce cases. However, you and your spouse will first need to live apart for a year before filing for divorce. If you currently live together, this requirement can add some time to your divorce process.
Once you are eligible to file the divorce paperwork, you can use a Waiver and Answer form to waive the 30-day wait, allowing you to schedule your hearing and have your divorce finalized within a few weeks. Several factors can affect the exact timing of your final hearing, such as the judge’s availability, the court’s ability to process your paperwork, and both parties’ cooperation.
If you and your spouse would like a fast divorce, working with an uncontested divorce attorney can help. Your attorney can advise you throughout the process to speed along the divorce and encourage a quick final judgment.
If you and your spouse agree on all matters in the divorce, you will not need to attend hearings where the judge decides on matters for you. However, you will still need to go to court to attend the final divorce hearing.
Your hearing will be scheduled with the court a few weeks in advance. At the hearing, the judge will ask if both parties are present, and you will need to testify that you have completed all of the requirements for an uncontested divorce.
The judge will then sign the Judgment of Absolute Divorce. This judgment officially ends the marriage.
Contact our legal team to schedule a case review to ensure your uncontested divorce process remains on track. Our attorneys can help you from the beginning to guide you through this process.
While retaining an attorney is not mandatory in an uncontested divorce, it can provide many benefits. Your attorney can help ensure that you file all of the correct documents throughout the divorce process, guide you along the way, answer your questions, and take steps to keep your uncontested divorce on course and moving efficiently.
At Speaks Law Firm, PC, Family Law Division, we have extensive experience assisting clients with divorce cases. Whether your divorce is simple or complex, we can provide professional guidance to help you through it.
Contact us today to schedule your case review with our uncontested divorce lawyer team.
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At Speaks Law Firm, PC Family Law Division, we provide you with multimedia educational resources to help you become informed regarding your Family Law situation. We invite you to explore our library of articles and videos. The better you understand the factors in your case, the more effectively we can work together towards your goals.
Below are some frequently asked questions about Divorce:
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:
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.
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:
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.
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.
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.
Divorce hearings can be scary for anyone. They are even more intimidating if you are getting divorced for the first time. Are you wondering what to expect in divorce court? There is no specific answer. Every case is different and it may present unique challenges and experiences. However, having unclear or unrealistic expectations may lead to disappointments. Ask for help from Wilmington family lawyers. They will help you set your expectations right.
Divorce can be stressful for anyone. It does not matter how bad your marriage was. Remember that all divorce cases are different. Do not expect to have the same experiences that your friends did. Expect to experience a rollercoaster of emotions including:
Divorce court is not as complicated as you may think. Working with your Wilmington family lawyers makes the process simpler. However, you should not expect to stand there while your lawyer does all the work.
You must work with them to get the settlement that matches your expectations. Do not let your fear or anger take over. You must remain calm even when your spouse is lying against you.
Do not expect to “win” in a divorce case. No one really wins in divorce court. Even when dealing with important matters such as alimony, custody, or division of property, you should keep your emotions in check. Note that you won’t always get everything you want.
Hiring a lawyer is a good idea even if you are going through a non-contested divorce. Divorce lawyers give you the legal advice you need to get through the difficult period. Like marriage, divorce is a legal process that should be treated professionally.
A divorce lawyer will protect your rights, interpret legal terms, speed up the process, help you initiate conversations with your spouse, and ensure fairness through the process. Hiring a lawyer should not be seen as an act of aggression.
Even when going through a divorce, you should remember that the children are not getting divorced. You should avoid saying rude or hurtful things to your spouse in their presence. Seek the help of a therapist.
They will help the children process their emotions and get through the process. You should also get co-parenting classes for their sake. The more you fight during a divorce, the more damaging the process can be.
Do not attempt to interfere with the relationship between your children and your spouse unless there is a history of abuse.
If you need the help of Wilmington family lawyers, seek help from Speaks Law Firm, PC Family Law Division. We understand that divorce can be a very personal and sensitive matter. You need the help of good lawyers through the process. We will treat you with respect and high levels of professionalism through the process. Contact us today and book an appointment.
While a family court is a court within the civil court system (in contrast to the criminal court system), when a family court issues an order, the person named in the order is required under law to fulfill the obligations of the order. For example, if a court orders a person to pay child support and they fail to do so, they are in direct violation of a court order and can be penalized as such.
One such penalty for violating a family court order is being held in contempt of court. Don’t hesitate to reach out to our Wilmington family lawyers at the law office of the Speaks Law Firm, PC Family Law Division to learn more, and consider the following about what you should know about contempt of court in a family law case in North Carolina:
What Is Civil Contempt of Court?
If a party does not fulfill their family court order, the affected party can file a motion to hold the party in default in civil contempt of court. Such an order may be filed when a party fails to comply with a court order in regards to:
The purpose of filing a civil contempt order is to force a delinquent party to comply with the order.
The purpose of holding someone in civil contempt of court is not necessarily to punish the defendant, but instead to ensure that they comply with the court order. While a person may be incarcerated for up to 90 days initially (and up to one year per North Carolina Statute Section 5A-21, typically, a judge will order payment of any unpaid benefits (child support, alimony, etc.) or garnishment of wages, or take action to require the defendant to comply with the original court order.
In some cases, a person who is in violation of a court order could be held in criminal contempt of court, although a person cannot be found in criminal contempt for the same conduct that landed them in civil contempt. If a person is found in criminal contempt, they may be ordered to pay a fine and may be subject to incarceration.
If your ex-spouse is in violation of a court order, you do not merely have to accept the default. Instead, you have the right to take steps to enforce the court order, including filing a contempt motion with the court and serving the defendant with the motion. In order to ensure that your motion of contempt is filed accurately, it is best to work with a qualified lawyer who has experience managing contempt of court cases. In addition to filing a contempt motion, an attorney can also help you to understand the other options you have for enforcing a court order.
To learn more about how our family lawyers at the office of Speaks Law Firm, PC Family Law Division can help, please call us today or send us a message. We know how emotional and complex family law matters can be, and want to provide you with the representation you deserve.
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