Lake Norman Divorce Attorneys

What Are the Requirements to Get a Divorce in NC?

To file for a divorce in North Carolina, you or your spouse must live in the state for at least a year before you file. If you're both residents, you must each live in the state for three months prior to filing.

North Carolina allows divorcees to dissolve their marriage by stating it is "irretrievably broken" without other grounds, as long as both parties live apart for at least one year before finalizing their divorce. This is known as a "no-fault" divorce.

However, divorcees can also file for a fault-based divorce, alleging that their spouse committed adultery, or deserted them for a year, or was physically abusive, or has a substance abuse issue. Parties who file for a fault-based divorce will be expected to provide the court with evidence supporting their claims.

Uncontested vs. Contested Divorce

Whether you file for an uncontested or contested divorce plays a large role in how your divorce proceeds.

If you and your spouse agree on terms for the divorce, including processes such as property division, alimony, and child custody or support, you can file for an uncontested divorce. In most uncontested divorces, the parties draft and sign a divorce agreement dictating the terms they have agreed on.

If you disagree on any aspect of your divorce, you must instead file for a contested divorce.

In a divorce, the party who files for divorce and initiates the dissolution of the marriage is the "petitioner," while the other party acts as the "respondent."

To begin your divorce, you can file a petition for divorce and summons with the court. You must also serve your spouse with a notice of the divorce utilizing a third-party individual such as a process server or sheriff. The petition includes the petitioner's proposed terms for the divorce, which may be contained in a divorce agreement if the divorce is uncontested.

If the divorce is uncontested, the respondent can choose to waive their right to respond by signing an affidavit or electing not to respond at all. This enables the court to proceed with the divorce, typically resulting in the judge issuing a divorce decree that contains the terms of the divorce agreement the parties developed and finalizing the divorce.

If the divorce is contested, the respondent can file a response with the court dictating their own preferred terms for the divorce. At this stage, the court may request that the parties attempt to sue a form of alternative dispute resolution (ADR), such as mediation, to resolve their differences and transition into an uncontested divorce before continuing with their contested divorce.

If ADR is not an option, the court will begin litigating the divorce. This may involve hearings for temporary orders, which determine how the parties handle various processes such as property division and spousal support while the divorce is ongoing.

Finally, the court will hold a trial, during which the parties can provide evidence for their own case or against their soon-to-be-ex. After hearing from both parties, the court will draft and issue a decree that the judge presiding over the case considers equitable. The decree is legally binding and its issuance marks the end of the divorce.

Having a divorce lawyer you can trust at your side is vital if you want to obtain the best outcome in your divorce. At Blood Law, PLLC, our Lake Norman divorce attorneys will work closely with you to advocate for your rights throughout the divorce process.

How Our Lake Norman Divorce Lawyers Can Help

The last thing you need when going through a divorce is to face the notoriously complex legal system alone. At Blood Law, PLLC, we understand that going through a divorce can be a challenging experience, and that's why our Lake Norman divorce lawyers are here to provide much-needed help and support. Our skilled attorneys can guide you through the legal system, protect your rights, and work towards achieving the best possible outcome for your case.

Throughout the process, we offer legal advice and guidance to help you make informed decisions. We can explain the laws and procedures that apply to your case and advocate for your rights and interests, whether through negotiation or representation in court.

In addition to legal support, our attorneys can provide much-needed emotional support as well. We understand the stress and emotions that come with divorce, and we're here to help you manage them. We can connect you with resources and support systems to help you cope and navigate this difficult time.

Finally, our Lake Norman divorce lawyers can help you with practical issues related to the divorce, such as property division, child custody, and support arrangements. We can help you navigate complex financial issues, such as dividing assets and debts, and can help you create a parenting plan that meets your family's unique needs.

If you're going through a divorce in Lake Norman, seeking the help of an experienced divorce lawyer from Blood Law, PPLC can make all the difference. Our attorneys can provide the guidance, support, and practical assistance you need to achieve the best possible outcome for your case.

To schedule a consultation with our team and obtain the legal representation you deserve during your divorce, contact us online or via phone at (704) 387-6090.