Unraveling Family Law

Many of the individuals who reach out to us with questions about divorce and separation have been mulling over these decisions with their partners or spouses for a considerable period. On rare occasions, we encounter cases where something has just transpired and prompted them to seek advice about separation or divorce for the first time. However, more often than not, these are situations that have been brewing in their minds for quite some time. They come to us seeking guidance to bring their thoughts into focus and to clarify the steps involved in this process.

Custody matters tend to have a greater sense of urgency than divorce or separation. About half of the cases involve situations where something has just occurred that leads the person to seek immediate assistance. In roughly 30% of cases, there are ongoing custody arrangements because private agreements don’t work out. This necessitates legal or court intervention. We cater to a wide range of scenarios, whether you’ve recently realized the need for guidance or have been contemplating it for a while. Our role is to help you navigate the legal landscape, understand how the law applies to your unique situation, and provide insights into the different pathways for resolution.

The Process For A Standard Divorce In North Carolina

In its simplified form, the process for a typical divorce in North Carolina involves several key steps. First, you must be physically separated from your spouse for one year. Once this year has passed, the next step is to file for an absolute divorce. This requires filing a formal complaint to the court and serving this complaint on the other party.

Upon receiving the complaint, the other party has 30 days to provide a response. If, after this period, they acknowledge and do not contest the divorce, you can proceed by filing a summary judgment motion. Typically, you can expect the divorce to be completed within 10 to 15 days after this 30-day response period. The entire process, from the initial filing to the divorce’s finalization, typically takes around 45 days.

However, if the other party responds and disagrees with the divorce, the process becomes more complex and may involve addressing property issues or custody matters that need resolution. Even in such cases, it is possible to proceed with the divorce while leaving these unresolved matters open. This is the most straightforward way to describe the divorce process in North Carolina.

Settling Peripheral Matters

In the process of getting a divorce, child custody and child support do not need to be resolved immediately in order to move forward with the divorce. However, when it comes to marital issues, including separation, property division, and spousal support, it’s crucial to have a resolution in place before filing for divorce. If you and your spouse have reached an agreement on these matters and are satisfied with the arrangement, that constitutes a form of resolution and you can proceed to finalize the matter.

Conversely, if these issues remain unresolved, it’s essential to acknowledge this to the court. Let the court know that these marital matters are pending and will be addressed after the divorce is granted. This notice is crucial to keep the court informed, as any issue left unresolved and unnotified will no longer be admissible in the future. Division of assets and spousal support are the two primary issues that typically need resolution before moving forward with the divorce.

Common Causes Of Delays In Family Law Cases

One of the primary factors that can cause a delay and complications in a divorce is the need for a comprehensive and definitive assessment of the financial circumstances between the involved parties. This entails evaluating assets, determining their values, and determining how they are to be distributed. Key questions like whether certain assets are marital or separate property often need to be addressed.

In cases involving custody matters, a major complicating factor is the ongoing interpersonal dynamics between the parties. Even though the law mandates co-parenting, when parents are unable to communicate effectively or are not on amicable terms, it can lead to delays. Because the court cannot force individuals to get along, the lack of cooperation often hinders the process. When parents are at odds and unable to engage constructively, it becomes more challenging for the court to gain a clear understanding of the family’s dynamics. This is where an attorney’s role becomes crucial, as they work to transform the raw emotions of their clients into a format that the court can work with.

For more information on the Process For A Standard Divorce In North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (252) 371-0127 today.