Raleigh Divorce Lawyers
If you are considering a divorce, speak to a Raleigh Divorce Lawyer at The Law Corner. We have handled hundreds of succesful cases and want to assist you in this difficult time. Our Raleigh Divorce Attorneys are board Family Law specialists with over 10 Years of Experience. See all of our reviews here.
The Law Corner’s founding partner Brian Demidovich created a team of experienced family lawyers for those who need affordable representation. The Law Corner Family Team has over 40 years of combined experience handling every aspect of Family Law. This includes property division, child custody, and spousal matters.
North Carolina Divorce Overview
North Carolina defines divorce as the union of marriage being dissolved by an order by a judge that “returns the parties to the state of unmarried persons.” Newly filed divorcees face far-reaching, life-changing consequences to their rights and duties from the split. The effect of a divorce on property rights is scary and is essential to prepare for. If one is not careful a divorce can leave one party very happy, and the other in a great deal of distress.
Dissolving A Marriage Or A Domestic Partnership
The law allows for three different ways to dissolve a marriage, including same-sex marriage, or a domestic partnership.
2. Dissolution of marriage (divorce)
3. Legal separation
The dissolution of marriage can happen either in or out of court. Settling a divorce out of court allows for more control over the outcome of the case.
Speak to a Lawyer about your legal matter today
Residency Requirements for Divorce in North Carolina
Under North Carolina Family Law Code, for a divorce to be approved, one of the spouses must have a legal residence of six months in the state and three months for the county that they are filing in. The Law Corner handles divorce all across the state, but we are located in Raleigh.
For same-sex marriages, the parties must have either the marital relationship in North Carolina or the current state of residency refuses to dissolve the union.
Decisions before court
Divorce proceedings in North Carolina Courts can decide:
Who gets custody of the children
- The exact amount of child support that will be payed
The division of property
Because the courts hold such power and generally do not take the time to listen to each side of a divorce case, we recommend settling these issues outside of court through mediation so that you can receive a more advantageous outcome.
Mediation is a process in which the spousal parties hire a neutral third party that helps parties reach an agreement out-of-court that they can both agree on. The mediator that is hired may or may not be a lawyer. The main goal of a mediator is to help guide a discussion to a place where the spousal parties who are dissolving can agree on issues like property division, child support, visitation rights, and things of that nature. The mediator also provides information about the law and legal process. The mediator does not provide explicit legal advice. Mediation may occur with the retained lawyers of both parties. During the process, parties will negotiate with one another, making use of the mediator who is a trained specialist in conflict resolution.
Annulment of a Marriage
Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, annulment makes a marriage considered to be invalid from the beginning, almost as if it had never taken place. Annulment is only allowed as an alternative to divorce in North Carolina when there are doubts about the validity of a marriage.
- One spouse is under the age of legal consent
- Use of force to compel the marriage
Legal Separation in North Carolina | What Is Legal Separation?
Legal separation might be a good alternative to divorce when the residency requirement has not been met, to keep certain benefits, or for religious reasons. North Carolina courts cannot approve legal separation without the consent of both parties. Legal separation can be turned into a divorce at a later date.
Legal separation is allowed in North Carolina when the spouses separate permanently into different residences. This alternative to divorce does not require you file with North Carolina courts. However, a separation agreement is required for the separation to be legal. It is best to let a lawyer draw this document up. The benefit of this legal separation is ease of split. There are some negatives to this as well, contact a lawyer to find out more.
Same Sex Couples Seeking Divorce
The rights of same-sex couples have had a tough history in North Carolina. However, in 2010, under Roy Copper’s administration, same-sex couples became accepted in the eyes of North Carolina law. Gay and lesbian couples face the same obligations in divorce like everyone else.
Types of Divorce the Law Corner Handles
When you can not agree on how to proceed with property division and spousal and child arrangements, you will have what is called a “contested divorce”. This does not necessarily mean that you will have to go to court to settle your issues. Processes like mediation and collaboration can help you find an agreement without going to court. Our Raleigh contested divorce attorneys are skilled in negotiation and can handle emotionally tense family law matters. Call us today and speak with a lawyer or fill out this form.
Divorces do not have to be contested in Raleigh. It is possible for spouses to simply agree or do not care about the terms of the split that you provide. When a spouse fails to respond to divorce papers, it’s known as a default in the Wake County judicial system. When spouses agree on the terms of their divorce, it’s known as an “uncontested divorce”.
When you are going through an uncontested divorce, you still must have a drafted document with the details of your marital split. These documents will have to be provided to the court in your filing county with detailed information about property division, child custody arrangements, child support, and alimony. The court system in NC will review your proposed terms and sign off if they believe the terms are fair and lawful. It can be important to hire an attorney to help you draft the forms you’ll have to submit to the court. As your attorney, we will make sure that what you’ve agreed to is fair and that your rights are protected. Call our Raleigh uncontested divorce lawyers today to schedule your consultation.
Mediation may be your best legal option for your divorce if you and your spouse can agree on some, but not all, of the terms of your divorce. It allows you to have more control over the outcome of the divorce. In the mediation process, you and your spouse sit down with a neutral third party known as a mediator. Brian D, founder of the Law Corner, is an experinced and licensed mediator.
Our mediator works with you and your spouse, both individually and together, to help you move toward mutually-agreeable solutions. Our job is to identify issues and move negotiations in a positive direction. However, the mediator has no say over your dispute, you and your spouse retain 100% control. However, years of training make mediators experts at conflict resolution and negotiations. If you can agree on the terms of your divorce after mediation, the mediator will draw up a legally binding contract.
If you or your spouse is in the military, getting a divorce can be difficult. Unlike the divorces of civilians, there are additional issues that must be considered. These include things like: Where should I file divorce papers? What kind of military benefits can be shared? How can joint custody even be a possibility? In order to handle these issues properly, you’ll need the help of an attorney who understands both civilian and military divorces.
At The Law Corner, our Raleigh divorce attorneys have experience with handling military divorce matters. We understand that military service can complicate a divorce. As your attorneys, it is our mission to help you fight for what you want, protect your financial interests, and find the best solution for your family. Contact our Wake County military divorce attorneys today to learn more.
COMPLEX PROPERTY DIVISON
Unless you have a prenuptial agreement, North Carolina state law gives each spouse in a marriage equal equity in all marital property. In layman’s terms, spouses are entitled to half of all property owned by either spouse acquired during the marriage. When some of your property is hard to value, it can feel impossible to determine how those assets will be split. The Law Corner considers things like intellectual property retirement savings and real property when helping you divide your assets during a divorce.
It’s important to have a reputable asset division lawyer on your side when you are faced with complex property division issues. At The Law Corner, our attorneys have developed close relationships with respected appraisers and forensic financial experts. We work with them to assess the value of your assets. Once we’ve identified the value, we can approach the property divisions through mediation. During which time, we will determine what assets you want to hold on to and which assets you are willing to let go. Call our Raleigh complex property division attorneys today to learn more.
When you get divorced, the Law Corner believes thatyou have the right to continue to maintain the lifestyle you have grown used to during your marriage. Spousal support can be awarded to help the lower-earning spouse maintain their lifestyle and get back on their feet after a divorce.
In North Carolina, many different factors are used when calculating spousal support. This includes total income, age, and health. If you are concerned about paying to much in alimony, our team will fight for you using the tactics that we have developed over the years in family law matters to get you the most favorable monthly alimony payments. Call us today.
Divorce becomes most difficult when children are involved. In North Carolina, both parents do share an equal right to be present in their children’s lives. When spouses decide to split, it is not uncommon to have disputes about who the child should live with. Child custody decision needs to be made with the child’s best interests in mind. It is important for parents to use only logic and put their own personal feelings aside when deciding who the child should live with and how often. It’s important to have an experienced Raleigh family law attorney by your side to make sure your family is protected.
At The Law Corner, our Raleigh child custody attorneys will fight for you, and in doing so, we do what the best is for the child. We know that if you hire The Law Corner that you do have the child’s best interest in mind. As long as there is no negative evidence against you regarding your ability to raise a child, our lawyers guarantee a positive outcome. Even if you have issues surrounding your past, our legal custody team will do everything in their power to win you a succesful outcome. Mediation is typically the best solution for identifying the interests of both parents and the child. If this doesn’t work, we will gather evidence to support your quest for custody. Call us today to learn more.
When parents split, it is important that the children affected get adequate financial support. In fact, courts will always make sure that a valid child support order exists before divorce papers can be finalized. While both parents are obligated to provide for the children, child support requirements fall on the shoulders of the parent whom:
- earns more money and/or
- spends the least amount of time with the child.
In North Carolina, payments are determined using the Statewide Uniform Guideline. The only way to change a child custody support order is by changing the factors that go into this equation.
At The Law Corner, we will make sure that child support calculations use the best possible information. We will also make sure that other relevant issues, including custody and visitation, are finalized along with support obligations. As lawyers, we know one divorce issue can affect the other. That is why you must work with a divorce attorney who understands the intricacies of the divorce process. Call Raleigh child support attorneys today to schedule your free consultation.
North Carolina first allowed LGBTQ domestic partnerships in 2010. With this came the right for gay couples to get divorced. If you are in an LGBT marriage and are looking to get a divorce, it is important to higher an attorney who understands this ever-changing area of law. It can be difficult for a couple to resolve matters on their own. If you are looking for an LGBT divorce lawyer, call The Law Corner today to speak to someone.
Since 2010 North Carolina has extended domestic partnership and marriage rights to LGBT couples. Just because gay couples have the right to get married does not mean that all relationships will last. In North Carolina, LGBT couples also have the right to dissolve their legally binding marriage contract.
If there are children of the marriage involved, determining custody and support can become a large issue. You will need an attorney who understands what is at stake and knows how to navigate these delicate issues. At The Law Corner, we are committed to our clients, regardless of sexual orientation. Call us today to schedule your consultation. We’re here to help you get what you want out of your LGBT divorce.
No Fault Divorce
North Carolina is a no-fault divorce state. This means that proof of misconduct has no effect on the judge’s decision to grant the divorce. However, proof of misconduct will hold importance when decisions regarding spousal support are being made. “No-fault” means the courts will not assign either party blame for the divorce.
“Irreconciled differences” will stand as sufficient basis for the dissolution of the a marriage.
Waiting Period on Divorce
In North Carolina, waiting period refers to the time between the start of the divorce proceedings and the granting of the annulment of the marriage. The minimum waiting period is 30 days. The 30 days begin from the respondent’s first appearance in court.
Divorce Lawyers that help the process
Getting a divorced will affect you, your ex-spouse, and your family for the rest of your lives. But understanding the importance that divorce can have is important so you can take measures to protect the things that you care about. Divorce law is complicated, and The Law Corner takes you through the divorce process in a way that will get you the absolute most. The courts can step in to resolve the issues, however, The Law Corner believes that mediation is best. It is important to note the effects of the decisions made throughout the divorce process are life altering. The Law Corner in Raleigh fights for you in your divorce.
When times are at their most difficult, you need a Family Law lawyer who will aggressively represent you in your time of need. Our Family Law attorneys provide contested and uncontested legal representation services for: divorce, separation, annulment, arbitration, child custody, visitation, child support, division of property assets and debts, and more. While a separation agreement is the preferred way of handling your separation, it is not always feasible. If that is the case, you will want an experienced trial advocate in your corner ready to fight it out in court.