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Indian Trail Divorce Attorney
Indian Trail Divorce Lawyer
Proven Firm Serves Clients In Indian Trail, North Carolina
Making the decision to get a divorce is not easy. Aside from the technical and legal hardships, there is also emotional turmoil that can be difficult to bear. If you are in the middle of trying to get a divorce, let an Indian Trail divorce attorney help you navigate this difficult time.
Each state has its own unique laws surrounding divorce, so it is important to understand your specific options and legal rights. North Carolina is a “no-fault” divorce state, which means that you do not have to prove that your partner did something wrong to file for divorce. Even though each state offers some degree of no-fault divorce option, requirements to file for this type of divorce vary.
The Law Offices of Huffman & Kendrick, PLLC, is a multi-generational firm that has years of experience in advocating for clients. With many successes over the years, Carol Huffman Kendrick can provide you with knowledgeable support. Rather than trying to sort through the legal statutes on your own, allow a separation attorney to handle the legal aspects for you so you can take care of yourself during your divorce.
Understanding Divorce Law in Monroe, NC
North Carolina divorce law can be complex if you have not handled it before. Some of the central ideas involved in these statutes include:
Filing for Divorce
There is not always a clear reason for divorce. Sometimes, life simply turns out differently than you once thought it would. Taking the first step can be frightening or unsettling.
To file for divorce in North Carolina, you must meet two requirements:
- You or your spouse, or both of you, must be residents of North Carolina. If you are trying to file for divorce in a state, you must be a permanent resident of that state. In North Carolina, this means that you must have lived in the state for six months, at least.
- You and your spouse must live separately for one year prior to filing for divorce.
If both of these requirements are met, a family lawyer can help you complete the process of officially filing for divorce.
No-Fault Divorce vs. Court-Ordered Separation
The main difference between a no-fault divorce and a court-ordered separation is simple. No-fault divorces are for couples who believe it is in their greatest interest to move forward in life separately. However, if your spouse is at fault for wrongful or hurtful behavior, you have the option of filing for a court-ordered separation, also known as a Divorce from Bed and Board.
DBBs are meant to be used in situations where a serious wrong has been committed. Examples include adultery, substance abuse, and other forms of abuse. This is a route that some people take when their safety or that of a child is at risk.
Once the court has ordered separation for you and your spouse, you must wait one year before filing for divorce. During this time, you and your lawyer may work to resolve issues such as child custody, alimony, inheritance, and others.
Why You Need a Divorce Attorney
Legally separating yourself from the person you once loved in Indian Trail is a process that no one wants to go through. Perhaps you are already in a time of financial difficulty and are considering representing yourself in divorce court to save money. Maybe you simply don’t see a need for a lawyer to handle decisions and interactions between you and your spouse. If you are doubting your need for a divorce attorney, here are some things to consider.
Legal Technicalities
Because life is complex, laws have to be complex as well. There is a reason why lawyers spend years studying the rules and regulations that govern our world: they are not easy to understand. Hiring an attorney who is familiar with the legal process of divorce and everything that comes along with it can save you from trying to understand the law or suffering from the issues that come with misinterpreting it.
Support
Even if your friends and family have your back, you need someone to go through loads of paperwork with you, sit in court with you, and give you an idea of what the coming days and years may look like from a legal standpoint. A good divorce attorney can be on your side, supporting you in the difficult moments.
Permanent Impact
When you file for a divorce in North Carolina, it is viewed as a permanent decision. Nobody should carry the weight of their entire future alone and without the help of someone who understands the situation. A divorce lawyer can help you by bringing to your attention things that you may be unaware of or haven’t thought of, which can have a lasting impact on your life.
How to Choose a Divorce Lawyer in Indian Trail
Choosing the right lawyer can have a positive effect on any case. When searching for the person to defend and support you through a divorce, there are some key elements you should consider.
- Experience: If your main concern in your divorce is child custody, find a lawyer who has handled many child custody cases.
- Referrals: Ask around your community or workplace to see if anyone who went through a similar situation can recommend the attorney who helped them.
- Online Search: Lawyers’ websites contain a lot of information about who they are and what they do. Reading this information can help you narrow down your search.
Additional Considerations
In any divorce, there are several issues that must be settled. Some of these include:
Child Custody
One of the most important things to consider when filing for divorce is your children. North Carolina has many laws set in place to protect children whose parents are in the process of separation and parents who have been legally divorced. Child custody cases are decided based on the “interest” of the child.
In divorce cases where children are involved, decisions must be made in regard to both legal custody and physical custody. These may be shared by parents or held solely by one.
- Legal custody refers to the right that a parent holds to make decisions regarding their child. This includes what school your child attends, what doctor they see, and what activities they are involved in.
- Physical custody is where and with whom your child lives.
Child Support
Child support refers to the money that one parent pays to support and provide for the needs of their child. This is often paid by the parent who has limited or no physical custody. Parents who still maintain the rights to their children, even minimal, are required by state laws to provide for them. Child support is a separate legal issue from child custody, although custody can have an impact on decisions made regarding child support.
Alimony
Alimony refers to one spouse providing financially for the other after a separation. To receive this financial support, you must file for it. If it is determined that your spouse must pay alimony, it may be awarded in various ways, including:
- Lump Sum: In this case, your spouse would make one payment rather than setting up a recurring monthly payment.
- Permanent Alimony: This is most often awarded in cases where the dependent spouse is physically or mentally unable to provide for themselves. This is a recurring payment that is given indefinitely until the end of the dependent spouse’s life.
- Modifiable Alimony: Life changes, and so do a person’s needs. This type of alimony is set with the possibility to change as circumstances change, such as employment or health conditions.
- Temporary Alimony: This type of alimony is ordered to help one spouse become financially stable after a divorce. Separation creates financial, emotional, and mental hardships that may require time to solve. Temporary alimony allows for one spouse to have this extra time to recuperate when needed.
How Will Our Prenuptial Agreement Be Handled?
A prenuptial agreement is a document that both parties sign prior to getting married. It lays out how assets are to be divided in the event of separation. Once both of your lawyers have looked over your prenup, you and your spouse will have the opportunity to agree to hold to the agreement. Everything will then be divided accordingly.
Timeline of Divorce
Although each case is different, there is a rough order in which divorce cases are handled.
- File for divorce with the help of a divorce attorney.
- Your request for divorce will be officially served to your spouse.
- After being served with divorce papers, your spouse will have the opportunity to respond.
- You, your spouse, and your respective attorneys will gather together to discuss desired outcomes and strategies for obtaining those outcomes.
- Once all issues are addressed, your legal team can attempt to solve those issues before taking them to court. However, in some cases, court proceedings are necessary. A divorce attorney can help you decide which route could be more helpful to your case.
- After all this, an agreement will be reached, either through your lawyers or by a judge.
If you are in the process of trying to get a divorce, do not attempt to go it alone. The Law Offices of Huffman & Kendrick, PLLC, can help you during this life-altering time. Reach out today to get the care and support you need.
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340 West Morgan Street
Monroe, NC 28111
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