Divorce can affect every facet of your life, from personal finances to emotional family dynamics. A skilled Mount Holly divorce lawyer can help you navigate these new life changes by providing legal counsel under North Carolina law. Divorce involves property division, potential support payments, and parenting arrangements that can have a lasting impact on you and your family’s future.
At Kenny & Lowry, P.L.L.C., we can help you understand the law, your legal options, and what steps to take to protect your best interests. Our family lawyers are committed to providing your family with essential support and critical information about pertinent divorce laws.
In 2023, North Carolina was one of the highest states with a marriage-divorce ratio, facing a 3.01 ratio compared to the national ratio of 2.38. In 2020, in Gaston County, a total of 745 divorces occurred.
Unlike some other states, North Carolina is a no-fault divorce state. This means that while there doesn’t have to be any proven wrongdoing to end the marriage, the spouses must have lived apart from one another for one year before filing for divorce. During that timeframe, a Mount Holly divorce attorney can help you resolve issues like support or child custody through legally binding agreements or court petitions, and you also have the option to get a divorce in NC without waiting a year for faster relief.
During that year of separation, at least one of the spouses must intend for the separation to be permanent. Living in separate places of residence is mandatory. This means that couples cannot just live in different bedrooms in the same house.
If you attempt to file for divorce without meeting the full-year separation requirement, your filing will be dismissed. Once that separation period is fulfilled, either spouse can file for divorce. To serve your spouse, you must either pay a fee to the sheriff to personally serve the papers or file the papers yourself via certified mail.
The other spouse must respond to the divorce complaint within thirty days, and this process can be expedited if both parties agree to waive their right to answer. If the other spouse doesn’t agree with the allegations in the divorce complaint, they can file an answer or counterclaim.
This turns the divorce into a contested divorce, meaning it’ll take longer to finish. If the other spouse doesn’t respond to the divorce complaint within thirty days, the divorce will be considered uncontested and can be finalized within thirty to sixty days.
In North Carolina, a divorce follows equitable distribution of assets. This means that marital property will not be split 50/50, but based on fairness. Marital property includes assets like homes, bank accounts, vehicles, retirement accounts, businesses, etc., regardless of whose name is on the title/account. Debts, such as mortgages and car loans, are also divided.
The court considers several factors during property division. This can include the length of marriage, spousal income, and household contributions. Kenny & Lowry, P.L.L.C. can help identify all marital assets, properly value them, and present them to the court.
Alimony, which is financial support received by one spouse from the other, does not have guidelines in North Carolina law for determining how much financial support one spouse will receive. Instead, the judge will decide the amount themselves on a case-by-case basis.
This includes factoring in the length of marriage, the age, health, and education of each spouse, and contributions during the marriage. They can also factor in marital misconduct, like abandonment or adultery. There are also no guidelines to determine how long alimony should be given.
This means that it could last years or indefinitely, depending on the situation. However, the dependent spouse will no longer receive alimony if they remarry or move in with a new romantic partner, or if one of the parties dies.
If you and your separated spouse have children, the Mount Holly, NC court will prioritize the child’s best interests. The court does not prefer one parent over the other. Instead, it focuses on the living arrangements of each parent, their individual abilities to care for their child, and the child’s relationship with each parent.
Parents can agree to a custody schedule in a private meeting or have the court issue an order. Custody can be joint or sole and include legal (decision-making for the child’s welfare) and physical (where the child lives) custody. Most family law matters, including child custody, are overseen at the Gaston County Courthouse, located at 325 Dr. M.L.K. Jr Way, Gastonia, NC.
Legal fees can vary. In North Carolina, the average range is between $9,700 and $11,800. Hourly rates generally fall between $150 and $400. However, the final amount will depend on your attorney’s experience and the complexity of the case. Divorces that involve fewer assets are generally less costly than cases that are highly contested. Kenny & Lowry, P.L.L.C. can help explain the expected costs during a consultation.
North Carolina law does not show a preference for either spouse based on gender. Instead, the courts will equitably distribute assets based on various factors. A wife may seek alimony if she qualifies based on income disparity and other factors. Custody and child support are also determined based on the child’s best interests, not on the parent’s gender.
Do not live in the same residence as your spouse, even if you’re staying in different parts of the home or different bedrooms. Do not hide assets or move funds without legal guidance. Do not make major financial decisions without agreement or legal advice. Avoid posting about the separation on social media. Don’t ignore court deadlines or notices.
Yes. In North Carolina, legal separation begins when spouses stop living together with the intent to remain separated. Unlike other states, North Carolina does not require a formal court filing to be considered legally separated. However, separation agreements can outline important terms like property division, custody, and support. These agreements are enforceable and often used to document the separation date. Our team can help draft or review a valid separation agreement.
If you are facing divorce in Mount Holly or anywhere in Gaston County, the attorneys at Kenny & Lowry, P.L.L.C. can help you navigate each stage of the process. Contact us today to learn more about your legal options.
117 East Main Avenue
Gastonia, NC 28052