Gaston County Divorce Lawyer

Divorce Attorney In Gaston County

The process of getting a divorce can be overwhelming and exhausting. Aside from all the emotional turmoil involved, there is also a lengthy legal process to go through, including a lot of paperwork, meetings that must be scheduled, and more. It is important that all the details of a divorce are understood clearly by both you and your spouse. For these reasons, it can be extremely helpful to have the support of an experienced Gaston County divorce lawyer.

At Kenny & Lowry, P.L.L.C., we are ready and equipped to provide you with the support you need. Our law firm has handled numerous divorce cases over the years, so we are familiar with the process from beginning to end. You can trust our skilled family law attorneys to guide you through your divorce while advocating for your interests.

Divorce Law in North Carolina

Divorce laws are oftentimes fairly different from state to state. It is important to understand the specific laws of the state where you are filing for divorce. For example, in North Carolina, you must be separated from your spouse for one year before you can file for divorce. Many people ask about getting divorce in North Carolina without waiting a year, but in North Carolina, you must be separated from your spouse for one year before you can file for divorce. This means that you must have been living in different homes, thus showing that you intend for the separation to be permanent for that amount of time.

There are also certain documents that you must complete and file to legally start the divorce process in North Carolina. Some of these include a formal complaint, a summons, a Domestic Civil Action Cover Sheet, and more. North Carolina is also a no-fault state, meaning that when you file for divorce, you do not have to prove that anyone was truly at fault or that there was any real reason for wanting the divorce.

Contested Divorce vs. Uncontested Divorce

The difference between an uncontested divorce and a contested divorce is that an uncontested divorce does not have any disagreement between spouses, whereas a contested divorce is one in which the spouses disagree about some of the critical divorce issues. In contested divorce cases, a judge is often left with the responsibility of settling matters as fairly as they can. Contested divorces are known to be lengthier and, therefore, more costly, so couples seek to avoid them if possible.

Uncontested divorces are possible when there is absolutely no disagreement between spouses. This means that each party must agree on every aspect of the divorce, including all finances, alimony, child support, physical custody of your children, and everything else. This can be difficult to achieve.

Is a Lawyer Necessary for Getting a Divorce?

While it is not required that you use a lawyer to get a divorce, having one is extremely helpful and can make the process far easier for you. Most people do not understand the legal complexities and terminology that are part of the divorce paperwork and process, but a lawyer does. It is also useful to have someone by your side who understands the courtroom process. When you are getting divorced, a lawyer can be of great benefit in these and many other ways.

FAQs

What Type of Lawyer Is Ideal for Getting a Divorce?

The type of lawyer that is ideal when getting a divorce would be one who is knowledgeable and experienced in dealing with divorce cases. Some lawyers focus their practice on divorce cases, while others may not necessarily concentrate on divorce but still have a lot of experience in handling such cases. The amount of experience a lawyer has in cases similar to yours can greatly benefit you and should be considered beforehand.

What Is the Average Cost of a Divorce Attorney in North Carolina?

The average cost of a divorce attorney in North Carolina will depend on many factors. In addition to paying your lawyer for the time and hard work they put into your case, you will also need to factor in costs for filing for a divorce, courtroom expenses, property assessment costs, child support, and more.  Your divorce attorney’s fees will be affected by, among other factors, how complicated your case is, as well as their level of experience and success in divorce matters.

How Do I File for Divorce in Gaston County, North Carolina?

To file for divorce in Gaston County, North Carolina, you must meet at least two basic requirements:

1. One of you has been a resident of North Carolina for at least six months.
2. Both of you have been separated for one year.

If both of these criteria are met, the process of filing for divorce and settling accounts can continue to progress. A divorce lawyer can guide you through this process.

What Is a Spouse Entitled to in a Divorce in North Carolina?

A spouse is entitled to an equal, 50/50 division of marital property in a divorce in North Carolina. This means that each spouse receives half of the estate. However, there are possible exceptions to this basic rule. In some situations, it would not be fair for both parties to receive an equal division of property. In cases such as these, changes are made by a judge, who can view the situation objectively.

What Is a Bed and Board Divorce?

A bed and board divorce in North Carolina is the same as a court-ordered separation. Couples who choose this type of separation remain legally married and still retain certain privileges concerning their children, marital estate, and other factors. This is different from an absolute divorce, which means that the two spouses are no longer legally married.

Experienced Family Lawyers in Gaston County, North Carolina

If you are beginning the process of filing for divorce or are stuck somewhere in the middle, with no clue what to do next, you need an experienced and compassionate divorce lawyer. They can guide you through this difficult time and answer any questions you have along the way.

Kenny & Lowry, P.L.L.C., has the knowledge, experience, and skill to make this process go as smoothly as possible. We understand the emotional and mental stress that comes with divorce, so we are prepared to support you in the midst of it. Reach out today to learn more about how we can help.