Ending a marriage is never easy, but how you approach the process can

make a big  difference. The best first step is to connect with an experienced  
North Carolina divorce lawyer. Attorney Barbara I. Jones understands the

legal, procedural,  financial, practical and emotional aspects of divorce and

can help you navigate  the process and prepare for the future.

 

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Getting Divorce in North Carolina

To file for divorce — technically known as “absolute divorce” in North Carolina — you and your spouse must have been separated for at least a year and a day. At least one of you must have lived in North Carolina for at least six months before filing. The divorce process varies depending on the issues to be decided, and whether you and your spouse are able to agree on how all of those issues will be resolved.

 

Uncontested Divorce in North Carolina

If the parties can reach an agreement on all issues, the divorce process is typically simpler, quicker, and less expensive. The divorcing spouses can enter into written agreements regarding issues like property division, spousal maintenance, child custody visitation, and child support. The court must approve the agreement, but the process is streamlined compared with a contested hearing where each party is required to present evidence about debts, income, earning capacity, relationships with their children, living arrangements, and other factors. 

 

While uncontested divorce requires that the parties have reached an agreement on all issues, that doesn’t necessarily mean you and your spouse have to work out all the details alone. Often, agreements in uncontested divorce cases are worked out through negotiation between attorneys, or formed through mediation. (Aleisha link the word “mediation” to Divorce mediation page)

 

Even if you believe that you have come to a complete agreement on your own, it is a good idea to consult an experienced North Carolina divorce lawyer and have your attorney draft the agreement. This is important because: 

 

• People unfamiliar with the legal process often overlook issues. If something is left out of your agreement, you may not be able to go back and fix it.

• The requirements regarding the content and formatting of the agreement aren’t relaxed for those who proceed on their own. You’ll be held to the same standard as an attorney would.

• It’s important to have complete information, such as whether you might be entitled to spousal support and which elements of the agreement can and cannot be modified later.

• Having an attorney draft the agreement will help ensure that the language is clear from a legal perspective and avoid later disputes about what you agreed to.

 

If you are unable to reach an agreement, you’ll proceed to a contested hearing. 

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Contested Divorce in North Carolina

A divorce in North Carolina is contested if even one issue is left for the court to determine. But that doesn’t mean that all issues must be argued in court. For instance, the parties may agree on how debts and property will be divided, but argue custody issues to the court. 

 

It is especially important to be represented by an experienced divorce attorney in a contested divorce case because you will be required to follow certain procedures and meet deadlines for delivery of documentation, witness lists, and other information to the court. You may also need to subpoena witnesses to testify on your behalf and make sure they are prepared for trial. It’s a lot to manage if you’re unfamiliar with the process, and missing a deadline or failing to provide required information can have serious consequences.
 

Collaborative Divorce in North Carolina

Collaborative divorce is a relatively new approach to divorce in North Carolina and many other states. The goal of collaborative divorce is to make the process less contentious. Collaboration has many possible benefits, including reducing stress on both parties and any children, potentially reducing costs, and setting the parties up to cooperate as they continue to co-parent children after their marriage has been dissolved. 

 

Collaborative divorce lawyers take a different approach, working to facilitate an agreement between the parties rather than taking an adversarial approach. The goal of the parties and the attorneys in the collaborative divorce process is to work together to reach a settlement that works for both spouses. The parties agree in advance to make every effort to resolve their issues collaboratively. If the process fails, both attorneys will withdraw from representing the parties and they will have to proceed on their own or find new counsel to proceed with the traditional divorce process. 

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Is Military Divorce Different? 

For the most part, divorcing as a member of the U.S. military is the same as any other divorce case. Military divorce cases are filed in state court, just like any other divorce case, and, issues such as property division and child support are determined considering the same factors. 

However, there are some special considerations and procedural differences in a military divorce case. For example: 

 

• Determining residency may be more complicated than simply making sure one party has resided in North Carolina for at least six months, since being temporarily stationed in a location may not be sufficient to establish residency for divorce purposes.

• Proceedings may be delayed by the federal or North Carolina Servicemembers Civil Relief Act (SCRA). Both laws provide protections for members of the military who are on active duty and may be unable to respond to a complaint in a timely manner or appear in court.

 

A local attorney experienced with military divorce cases can explain in greater detail how these factors may impact your specific case. 

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Talk to a North Carolina Divorce Lawyer Right Away

Whether you’re considering filing for divorce or have been served with divorce papers, you should speak with an experienced North Carolina divorce attorney as soon as possible. In the separation process, it’s easy to make mistakes that can affect your rights later. So, the more information and guidance you have before you make any decisions, the better.