FAQ

The divorce process in Cary, NC, can take a few months to longer than a year, depending on the complexity of the case and the willingness of both parties to cooperate.

You are legally allowed to represent yourself in a divorce proceeding, but it isn’t recommended. If you go to family law court unrepresented and your ex-spouse has an attorney, the judge may ask if you can arrange to have an attorney before the next hearing. Without an attorney representing you, the court may worry that you are agreeing to unfair divorce terms because you don’t fully understand the legalities of your case.

In some cases, the court may approve temporary custody or support while a divorce is pending, but it is not guaranteed. To prove that it will be necessary in your case, you should work with an attorney who can better explain the situation to the court and respond to any challenges that your spouse’s legal counsel might bring up.

When two divorced parents live in different North Carolina counties, the court may be tempted to assign sole physical custody rights to one parent and visitation rights to the other. This arrangement would allow the child to live in one home and not have to worry about frequent distant trips.

With a prenuptial agreement in place, you can contest the division of marital assets not described or included in that agreement. It will be much more difficult to contest the division of assets included in the agreement, though. In that situation, you will need to prove that the prenuptial agreement was made under duress or in a way that intentionally put you at an unfair disadvantage.

You can get a temporary restraining order in North Carolina if you are a victim of domestic abuse or violence, which includes being threatened with violence or abuse. The quickest way to get an emergency restraining order is to talk with a law enforcement officer. For a temporary restraining order hearing, you should be represented by a legal professional.

If you want to start or update an estate plan, you should first consider talking to a Charleston estate planning attorney. You never know what legal complications could arise, but you’ll always be ready if you have a lawyer acting on your behalf.

To pick a Charleston estate planning attorney, consider their experience with matters involved in your estate plan, like wills, trusts, powers of attorney, etc. You should also work with someone that you feel is genuinely interested in your case, so you can trust that they are providing reliable advice and counsel.

At Blood Law, PLLC, we encourage our clients to ask any question they have during an initial consultation. We can discuss the general scope of your estate plan, concerns about specific assets you own, how to amend your estate plan later if needed, and so on. Of course, during initial consultations, most people want to ask about attorney fees, which we’re happy to discuss, too.

If you own a business in Charleston, you will have to consider its value and management when making an estate plan. Unique considerations may involve deciding who will inherit your business, how to accurately appraise it, and so on.

Unmarried couples can use estate plans just as much as a married couple. Questions about asset ownership might look a little different, but the underlying premises are the same. Our attorneys would be happy to help you and your partner make an estate plan that fits your needs.

A blended family – or a stepfamily – is comprised of a couple and their children from previous relationships. Like any other family, blended families can use and benefit from estate plans. If you have a blended family or stepfamily, talk to our attorneys about how to make an estate plan that considers everyone, which might include people beyond your immediate family.

The filing fee for a divorce petition filed in South Carolina is usually around $150. You can also expect additional fees for different court hearings and processing costs, as well as fees related to serving the divorce papers. If you hire an attorney, you can ask about attorney fees that will apply to your case.

A divorce in Charleston County can take a few months if it is uncontested and the court calendar is clear. If the court is busy, the divorce will likely take a few months longer. If the divorce is contested, legal back-and-forth and various hearings could make the divorce take longer than a year to conclude.

Our Charleston divorce attorneys can act on your behalf throughout your entire high-net-worth divorce. While we stay focused on upholding your best interests, we will also pay close attention to how the divorce will affect your finances and important assets.

An uncontested divorce will follow the basic steps of a divorce, including filing the divorce petition and awaiting a reply. Unlike a contested divorce, though, an uncontested divorce can sometimes be concluded in just one hearing because all parties are aligned.

The main role of a divorce attorney in a contested divorce is to protect your rights and best interests. Contested divorces enter adversarial legal proceedings, meaning that, in a way, you are going up against your spouse in hopes of “winning.” A lawyer from our firm can represent and guide you.

You are legally allowed to represent yourself in nearly any legal proceeding, including family law cases. However, you realistically shouldn’t. Hiring a lawyer allows you to prepare for any legal procedure and will keep you informed about potential complications, deadlines, questions, challenges, etc. Don’t be surprised if a Charleston County Family Court judge tells you to reconsider moving your case forward until you’re represented by a professional attorney.

When looking for a family law attorney, you should look for someone who has experience and knowledge about the matters that will come up in your case. You should also find someone you can comfortably work with, which will usually mean someone who has a real interest in your well-being.

The cost of hiring a family lawyer can vary depending on the complexity of your case and whether your case will be charged hourly or on a per-item basis. We would be happy to discuss our legal fees with you during an initial consultation. No matter what type of case or payment arrangement you have, we will never use surprise or hidden fees.

Depending on the type of case you need help handling, we may ask you to bring various documents to your initial consultation. For example, if you need help with property division in a divorce, a summary of your most valuable possessions or accounts could be helpful to get started.

Ask any questions you want of our attorneys. We always encourage potential clients to ask anything that might be on their minds, and we’ll always answer honestly.

In Raleigh, North Carolina, you can file for divorce on the grounds of separation for a period of one year or more. This means that if you and your spouse have lived separately for at least one year with the intent of ending the marriage, and at least one spouse was a resident of North Carolina for the previous six consecutive months, you can obtain an absolute divorce, which is the type of divorce in which final orders for matters such as marital property, child custody, and support are outlined.

This is opposed to a divorce from bed and board, which results in a court decree certifying a couple’s legal separation but is not an official divorce. Divorce from bed and board is not used very often in today’s North Carolina.

Yes. You can get divorced even if your spouse doesn’t want to.

North Carolina is what’s considered a hybrid state, which means that while there are cases where family judges can consider certain conduct or acts of marital misconduct against a spouse when determining fault, spouses can still seek a divorce without having to prove that one party did something to cause the split.

Typically, the most common way to get a no-fault, absolute divorce in North Carolina is on the grounds of a one-year separation. Some important things to note:

• Spouses must live separately, not in different sleeping quarters or parts of the same home.
• You don’t need official paperwork to prove that you were separated for 12 months. Just know the date of separation.
• Isolated moments of activities or sexual relations together are permissible, but if you reconcile and move back in or resume any activity of a “normal” marriage, the 12-month clock will restart if you separate again.

The timeline for an uncontested divorce in Wake County, NC, can vary depending on the specific circumstances of the case and the court's schedule. However, uncontested divorces generally proceed more quickly than contested ones and may be finalized in as little as a few months.

The largest factor when it comes to facilitating a faster and more efficient divorce is your ability to agree with a spouse on major issues, such as custody and property division. If you’re willing to communicate and strike compromise without court intervention, you can greatly improve the efficiency of your case.

In Wake County divorces, marital property is divided according to the principle of equitable distribution. In property division matters, it’s important to understand what constitutes marital and separate property:

• Marital property includes all assets and debts acquired by either spouse during a marriage, regardless of whose name is on the title or account. This includes income earned, real estate purchased, retirement savings accumulated, and debts incurred during the marriage.
  • Example: If a couple purchases a home together during their marriage, even if only one spouse's name is on the deed, it is considered marital property and subject to equitable distribution upon divorce.
• Separate Property: Separate property includes assets and debts acquired by either spouse before the marriage or acquired during the marriage by gift or inheritance to one spouse. Separate property is typically not subject to division in a divorce.
  • Example: If one spouse inherits a sum of money from their family during the marriage and keeps it separate from marital funds, it is likely considered separate property and may not be subject to division during divorce proceedings.

When it comes to dividing assets and debts deemed marital property, judges will consider several factors. These include the duration of the marriage, each spouse's income and earning potential, contributions to the marriage, and any relevant agreements between the spouses.

Relocating with a child after a divorce in Wake County, NC, may require court approval, especially if the move would significantly impact the child's relationship with the other parent. Factors considered by the court may include the child's best interests and the reasons for the proposed relocation.

A Raleigh divorce attorney experienced in handling high-net-worth cases can provide specialized expertise in navigating complex financial matters, such as the valuation and division of significant assets, business interests, and investments, to ensure that your financial interests are protected during divorce proceedings.

The cost of hiring a family law attorney in Raleigh, North Carolina, can vary depending on several factors, including the complexity of a case, the attorney’s experience and reputation, and their billing structure.

Generally, attorneys may charge hourly rates, flat fees for specific services, or retainer fees. Again, the availability and costs associated with these billing arrangements vary. Flat fees, for example, may be offered to clients with uncontested divorces or needs for one-time, specific services such as the drafting of a prenuptial agreement, while retainer fees, which involve an upfront payment from which an attorney deducts their fees as they work on a case, may be used in large and complex cases. Many attorneys also use hourly rates, which can range anywhere from $100 to $500 or more. In addition to attorneys’ fees, family cases may also have additional costs, such as court fees, filing fees, and costs associated with expert witnesses.

While family law representation, like all forms of legal representation, does come at a cost, it’s important to recognize the value that experienced attorneys provide. As highly consequential matters that have the potential to impact your finances and future for years to come, family law cases put a lot on the line. Investing in quality representation can position you to pursue the most favorable outcome possible and potentially save money, frustration, and time in the long run.

Finding a reputation family lawyer is crucial to protecting your rights and interests – no matter what your case involves. As you search for the right representation, consider the following helpful sources:

• Research: Look for attorneys who specialize in family law and have experience handling cases like yours. Some attorneys or firms may spread themselves thin by offering support in multiple practice areas, and some – like Blood Law, PLLC, focus only on family law. This means that we’ve amassed decades of collective experience handling all types of case for all types of clients.
• Referrals & Reviews: Ask for recommendations from friends, family members, or other professionals who may have worked with family law attorneys. You can also look at a lawyer’s online reviews and client testimonials. As a firm that’s proudly served numerous clients across North Carolina and is actively involved in our community, we’re routinely trusted by clients, colleagues, and referrals to handle the toughest cases.
• Bar Association: Contact the North Carolina State Bar or the Wake County Bar Association for referrals to qualified family law attorneys. All our attorneys are in excellent standing with the Bar and have strong connections within our legal communities.
• Consultations: Schedule consultations with potential attorneys to discuss your case and evaluate their experience, approach, and compatibility with your needs. At Blood Law, PLLC, we offer consultations to help potential clients evaluate whether we’re the right fit for them and take the necessary time to discuss the legal aspects of their matters, their rights and options, and what we can do to help.

When interviewing family law attorneys in Raleigh, consider asking the following questions:

1. Experience: How long have you been practicing family law? Have you handled cases like mine?
2. Approach: What is your approach to handling family law cases? How do you communicate with clients?
3. Fees: What are your fees and billing practices? Do you offer alternative fee arrangements?
4. Strategy: What strategy do you recommend for my case? What are the potential outcomes?
5. Availability: How accessible will you be during my case? Will I be working directly with you or with your team?
6. References: Can you provide references from past clients or other legal professionals?
7. Mediation/Litigation: Are you experienced in mediation as well as litigation? Which approach do you recommend for my case?

Initial consultations give our attorneys an opportunity to help potential clients understand the scope of their legal matters, their rights and options, and how we can leverage our experience to help them seek a positive resolution. They’re also a great opportunity for folks to assess how our compassionate and team-driven approach fits with their unique needs and goals.

To make the most of your first consultation with our Raleigh family lawyers, it’s helpful to bring:

• Any relevant documents related to your case, such as marriage certificates, divorce decrees, prenuptial agreements, custody agreements, financial records, and correspondence with your spouse or co-parent.
• A list of questions and concerns you have about your case.
• A clear understanding of your goals and priorities for the outcome of your case.
• Any court documents if your case has already been filed.
• If applicable, information about your spouse or co-parent, including their contact information and any relevant legal documents they have provided.

The typical court process for a family law case in Wake County, North Carolina, may include the following steps:

• Filing a Petition: One party files a petition with the court, initiating the legal process.
• Service of Process: The other party is served with legal documents notifying them of the case.
• Temporary Orders: If necessary, temporary orders may be issued regarding child custody, support, or other matters while the case is pending.
• Discovery: Both parties exchange relevant information and documents through a process known as discovery.
• Mediation: Parties may be required to attend mediation to attempt to reach a settlement.
• Trial: If the case cannot be settled, it may proceed to trial where a judge will hear evidence and make a decision. Once the trial is complete, the court issues final orders regarding issues such as custody, support, and property division.

Mediation and litigation are two common approaches to resolving family law disputes, each with its own benefits:

• Mediation: In mediation, a neutral third party helps facilitate communication and negotiation between the parties to reach a mutually acceptable agreement. Mediation can often be less expensive, less time-consuming, and less adversarial than litigation. It allows parties to have more control over the outcome of their case and can be particularly beneficial for preserving relationships, especially when children are involved.
• Litigation: Litigation involves presenting your case before a judge who will make decisions on issues such as custody, support, and property division. While litigation can be more adversarial and costly, it may be necessary in cases where parties cannot reach a mutually acceptable agreement through mediation or negotiation. Litigation provides a formal legal process for resolving disputes and ensures that decisions are made based on the law and evidence presented in court.

Family law court orders may or may not be permanent, depending on the specific circumstances of the case. In many cases, family law court orders are designed to be final and binding, meaning that they are intended to resolve the legal issues in the case and are not subject to further modification.

For example, a divorce decree that outlines the division of marital property and debt, child custody, and child support may be intended to be a final order that remains in effect unless there is a significant change in circumstances. However, even in these cases, there may be certain provisions of the order that are subject to modification, such as child support or custody arrangements.

In other cases, family law court orders may be temporary, such as an order for temporary child custody or support while a case is pending. These orders are designed to be in effect only for a specific period of time, after which they may be modified or replaced by a final order.

Ultimately, the permanency of a family law court order depends on the specific facts and circumstances of the case, as well as the terms of the order itself. It is important to work with an experienced Charlotte family law attorney who can help you understand the legal implications of any court orders and assist you in seeking modification or enforcement of those orders when necessary.