Divorce is a difficult and emotional time for everyone involved. That’s why having a knowledgeable and experienced divorce lawyer is crucial. Our family law firm is dedicated to providing top-notch legal representation for clients going through a divorce in North Carolina, from entering a separation agreement to finalizing your absolute divorce.
What to Expect
Carini Law strives to provide a supportive environment for our clients as you navigate the process of divorce. Here’s what you can expect when you hire Carini Law for your divorce case:
- Consultation and case evaluation: We’ll start with an initial consultation where we discuss you and your unique situation. This will provide an understanding of your needs and goals to develop a personalized strategy for your case.
- Discovery and negotiation preparations: Prior to the time that you can file for a divorce, we’ll enter a period of discovery where we’ll gather information and documents related to your case. This information can help us later negotiate a settlement with your spouse, focusing on achieving a fair and positive outcome for you.
- Filing for divorce: In North Carolina, you can only file for an Absolute Divorce once you and your spouse have been physically separated for at least one year. Child custody, child support, equitable distribution, and spousal support may all be negotiated and resolved prior to the date that you are able to file for an Absolute Divorce.
- Filing, settlement, and trial (if necessary): When it is time to proceed with filing for divorce, we’ll take care of all the paperwork and file it with the court on your behalf. If a settlement is unable to be reached outside of court, we may need to go to trial. Rest assured that Carini Law will be there every step of the way, advocating for your interests and fighting for the best possible outcome.
Throughout the process, we’ll keep you informed of any updates in your case, answer your questions, and help alleviate any concerns you may have. There are many other moving pieces during separation and divorce proceedings, such as child support, child custody, alimony, and distribution of property.
Divorce is a challenging and emotional time, but with Carini Law’s guidance and expertise, we’ll work together to achieve the best possible outcome for you. Contact us today to schedule a consultation and take the first step towards your new future.
Divorce in North Carolina
North Carolina divorce law has some unique aspects that require the guidance of an experienced divorce lawyer who is familiar with the state’s laws and regulations.
Unlike many other states, North Carolina is a “no-fault” divorce state, meaning that either spouse can file for an Absolute Divorce without needing to show that the other spouse did anything wrong.
To file for an absolute divorce in North Carolina, only two requirements must be met:
- You or your spouse must have been a resident of North Carolina for a minimum of six (6) months immediately prior to the filing the claim for absolute divorce; and
- You and your spouse must have resided separate and apart from one other for at least one year and one day immediately prior to filing the claim for absolute divorce.
“Separate and Apart”
In order to meet the second requirement of living separate and apart, the parties must physically reside in two separate households. Living in two separate rooms in the same household is not sufficient to meet this requirement.
During the yearlong separation period, you and your spouse can use this time to negotiate and attempt to reach a settlement on the other issues related to the marital relationship – child support, child custody, spousal support, and equitable distribution.
North Carolina also recognizes incurable insanity as grounds for divorce. However, the majority of divorces in North Carolina are based on physical separation, which simply means that the two parties have been living separately for at least one year with no intention of reconciling.
Property division and alimony are also important considerations in North Carolina divorce cases. North Carolina courts default to equal distribution, unless one party can prove that an equal division of property would not be equitable. This can be a complex process, especially if there are significant assets, investments, or debts involved. Alimony may also be awarded in some cases, based on factors such as the length of the marriage, the financial needs of each spouse, and the contributions each spouse made to the marriage.
Navigating the divorce process in North Carolina can be challenging, but Carini Law is a reliable guide on your legal rights during divorce agreements.
Frequently Asked Questions About Divorce Law
What is the cost of a divorce in North Carolina?
The cost of a divorce in North Carolina depends on a variety of factors, such as the complexity of the case, whether or not children are involved, and whether or not you and your spouse are able to reach a settlement outside of court. The average cost of divorce in NC with children is almost $20,000.
How long does it take to get a divorce in North Carolina?
The process of divorce begins with a required one-year separation before filing. After that, average divorce proceedings in North Carolina can take between three and twelve months.
Can I get a divorce without going to court?
Yes, it is possible to get a divorce without a court hearing. Mediation and collaborative divorce are two options that allow parties to negotiate and come to an agreement outside of court.
What factors are considered in determining child custody and support?
The best interests of the child are the primary consideration in determining child custody and support in North Carolina. Factors such as the child's age, the parents' income, and the child's relationship with each parent are also taken into consideration.
Why Choose Carini Law
Carini Law has a proven track record of success in North Carolina divorce cases. We have years of experience and expertise in North Carolina divorce law, and we are committed to providing personalized attention and commitment to each of our clients. We have a strong reputation in the legal community and are well-respected by our peers.
If you are facing a divorce in North Carolina or South Carolina, contact our law firm today to schedule your consultation and get the guidance and support you need during this time. Contact us today by calling 704-755-3569 or scheduling your consultation online.
Other Services Offered by Our Law Firm
At Carini Law, we understand that every divorce case is unique. That’s why we offer a range of services to meet the diverse needs of our clients. Here are some of the family law services we offer:
- Adoption and Surrogacy: Building a family is one of the most rewarding experiences in life. We are experienced in helping guide individuals through the process and provide legal support and guidance.
- Alienation of Affection & Criminal Conversation: If your spouse has had an affair, you may be able to pursue a legal action for Alienation of Affection and/or Criminal Conversation. A North Carolina attorney at our firm can guide you through the process and help you understand your legal options.
- Child Custody & Visitation: Child custody and visitation can be some of the most challenging issues in a divorce case. An attorney at our firm can help you navigate the legal process and negotiate a parenting plan that meets the best interests of your children.
- Child Support: Calculating child support can be a complex process. An attorney at our firm can help you understand the guidelines and work to ensure that child support payments are fair and reasonable.
- Cohabitation Agreements: If you’re living with a partner but are not married, a cohabitation agreement can provide important legal protections. An attorney at our firm can help you draft an agreement that addresses issues such as property division and support in the event of a separation.
- Enforcement of Court Orders: If your spouse is not complying with a court order, such as a child support or custody order, an attorney at our firm can help you pursue enforcement actions to ensure that your legal rights are protected.
- Equitable Distribution & Division of Property: Dividing marital property can be a complex process, especially if there are significant assets or debts involved. An attorney at our firm can help you understand your legal rights and negotiate a fair and reasonable distribution of property.
- Postseparation Support & Alimony: If you need financial support after your separation, an attorney at our firm can help you understand your options for postseparation support and alimony.
- Prenuptial Agreement & Postnuptial Agreement: A prenuptial agreement or postnuptial agreement can provide important legal protections in the event of a separation or divorce. An attorney at our firm can help you draft an agreement that addresses your unique situation.
- Restraining Orders & Protective Orders: If you or your children are in danger, an attorney at our firm can help you obtain a restraining order or protective order to provide legal protection and ensure your safety.
- Separation Agreements: A separation agreement can provide a roadmap for the terms of your separation, addressing issues such as property division, support, and child custody. An attorney at our firm can help you negotiate an agreement that meets your needs.
- Wills and Estates: Every person’s estate plan should be unique and tailored to their specific needs and goals, which is why we take the time to listen to your concerns and work with you every step of the way.
At Carini Law, we believe in providing personalized attention and support to our clients. We offer mediation and collaborative divorce options for those who wish to avoid the stress and expense of going to court. Contact us today to learn more about how we can help you with your divorce case.