Separation & Divorce Attorneys in Greenville, North Carolina

Embarking on the path of separation and divorce is a deeply personal and intricate decision. We understand the weight and complexity of this journey, which is why we emphasize the importance of seeking guidance from compassionate attorneys who specialize in family law. Our team is dedicated to handling the legal intricacies of spousal and child support, fair alimony arrangements, and the division of complex property and assets, allowing you the freedom to focus on your future.

 

Our primary goal is to protect your rights throughout the separation and divorce process. We will meticulously analyze your financial situation, assess your needs, and work diligently to negotiate a fair and favorable resolution. We will provide you with comprehensive legal advice, ensuring that you have a clear understanding of your rights, obligations, and available options.  Whether it involves matters of child custody, spousal support, property division, or any other related issue, we will vigorously advocate for your interests at every stage.

 

We understand that a divorce can have significant financial implications, and we are committed to safeguarding your financial future. You can trust us to provide comprehensive guidance and representation in areas such as marital debt allocation, business valuations, property division, and the evaluation of retirement and investment accounts. With our extensive knowledge and experience, we are equipped to navigate the multifaceted aspects of divorce law, ensuring your interests are protected and working tirelessly to fight for your fair share of assets and support.

 

During this challenging time, you don’t have to face the complexities of separation and divorce alone. Let the Graham, Nuckolls, Conner Law Firm be your trusted ally and advocate. Contact us today to schedule a consultation, and let us help you navigate the path towards a brighter future.

Frequently Asked Questions

What is the difference between a legal separation and divorce?

In North Carolina, there are two options for couples who wish to live separate lives: legal separation and divorce.

Legal Separation:
A legal separation refers to a formal agreement entered into by spouses to live apart while remaining married. It provides a structured framework for addressing various aspects of the separation, such as child custody, child support, spousal support, and the division of assets and debts.

During a legal separation, the couple lives separately and may establish individual residences. However, they are still legally married and cannot marry someone else. Legal separation allows couples to take time apart to evaluate their relationship, work on reconciliation, or plan for a future divorce. It provides a level of legal protection and establishes guidelines for financial and custodial matters.

While a separation agreement is not legally required in North Carolina, obtaining a written separation agreement can help mitigate potential future issues regarding finances and child custody.

Divorce:
Divorce, on the other hand, is the legal termination of a marriage. It dissolves the marital bond and releases both parties from the obligations and responsibilities of marriage.

In North Carolina, divorce can only be granted on a no-fault ground. No-fault divorce, also known as a “divorce from bed and board,” is granted when a couple has lived separately for at least one year with the intent of ending the marriage.

Unlike legal separation, divorce involves a comprehensive settlement of all marital issues, including property division, spousal support, child custody, and child support. It requires a formal court process, and the court’s decision is binding on both parties.

What are the legal requirements for obtaining a divorce in North Carolina?

To obtain a divorce in North Carolina, certain legal requirements must be met:

1. Residency: At least one spouse must be a legal resident of North Carolina for at least six months before filing for divorce.

2. Separation: North Carolina law requires that the two spouses live in separate residences for at least one continuous year in order to obtain a divorce. It is crucial that there is no cohabitation or resumption of the marital relationship during this time.

3. Intent to Leave the Marriage: Additionally, during the one-year separation period, at least one spouse must have had the intent to leave the marriage and end the marital relationship permanently. This intention should be present throughout the entire separation period, demonstrating a clear desire to dissolve the marriage.

How long will it take for my divorce to be finalized?

Divorce proceedings in North Carolina can vary in duration depending on whether they are uncontested or contested. Typically, uncontested divorces will have a shorter timeline than contested divorces.

For uncontested divorces (where both parties mutually agree on the terms of their separation) you can expect it to take around 45 to 90 days to finalize. This timeframe allows for necessary paperwork to be completed, including the preparation and signing of a separation agreement, and the submission of required documentation to the court. Once the court receives the necessary paperwork, it reviews the agreement and, if satisfied, issues the final divorce decree.

On the other hand, contested divorces (where the spouses have disagreements on various aspects of the divorce such as child custody, property division, or spousal support) tend to have a significantly longer timeline. Resolving these disagreements often requires negotiations, mediation, or even court hearings. As a result, contested divorces typically take a year or more to reach a final resolution.

How is alimony determined in North Carolina?

North Carolina courts consider various factors when determining the amount and duration of alimony. These factors include the marital misconduct of either spouse, the relative earnings and earning capacities of both spouses, the ages and physical, mental, and emotional conditions of the spouses, the duration of the marriage, and the standard of living established during the marriage. Other factors considered include the relative education of the spouses, the contributions made by one spouse to the other’s education or earning power, the impact of child custody on a spouse’s earning capacity, the financial needs of the spouses, the assets and liabilities of each spouse, and the tax implications of the alimony award. To be eligible for alimony, one spouse must be considered financially reliant on the other spouse.

There are no specific guidelines or formulas for determining the amount or duration of alimony in North Carolina. Instead, the judge exercises discretion based on the facts of the case. The duration of the alimony award can be specified for a particular period or left indefinite. Alimony will generally cease if the dependent spouse remarries, cohabitates with a new romantic partner, or if one of the parties passes away.

What role does an attorney play in the divorce process?

An attorney plays a crucial role in the divorce process in North Carolina by providing legal guidance, advocacy, and representation to individuals going through a divorce or separation. Throughout the divorce proceedings, your attorney will serve as your advocate, ensuring that you are fairly represented and communicating with your spouse’s attorney on your behalf.

Specifically, your attorney handles the drafting and preparation of legal documents, including petitions, complaints, and motions. They ensure that all necessary paperwork is accurate, complete, and filed within the specified deadlines. Additionally, they engage in negotiations to help you reach agreements on key issues such as asset division, child custody, alimony, and child support.

If your case requires court appearances, your attorney will represent you and present your arguments before the judge. They will also prepare you for court hearings, ensuring that you understand the process and guiding you through any formal questioning or depositions. With their experience and knowledge of family law, your attorney provides valuable advice, supports you emotionally during this challenging time, and helps you make informed decisions.

Resources

North Carolina Judicial Branch: Separation and Divorce

North Carolina General Assembly: Divorce and Alimony

 

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We understand that the disputes facing you and your family can seem daunting. It is our goal to put you at ease.

    • “Mr. Jenkins and the entire staff were amazing to work with. They answered questions, calmed my concerns and made an overall stressful process much easier. I highly recommend this lawyer and his team to anyone needing guidance to understand their legal rights.”