Divorce Law
Going through a divorce can be one of the most difficult times in your life, regardless of whether you are a man or a woman, a parent or without children, in your 20′s or in your 60′s. When a marriage has been irretrievably broken, betrayal, loss, confusion and despair can cloud every area of your life, 00004000 from your work to your friendships to your goals for the future.
Understanding Divorce Law
Trying to navigate a divorce without understanding the laws that govern divorce proceedings is not an uncommon position to be in. Most individuals never plan on being divorced, but find themselves having to submit to laws they have never heard of and have certainly never studied. But to insure that you don’t lose your home or possessions, as well as your spouse, you may need to be better prepared than the average person.
Settling Out of Court
Many divorces are settled out of court through amicable negotiation between the divorcing couple. But arguments can arise regarding almost every aspect of a marriage, including:
- Child custody
- Real estate ownership
- Alimony payments
- Child support
- Retirement funds
- Automobiles
- Personal items
Divorce Hearings and Judgments
For couples who encounter one of these disagreements and are not willing to relinquish their position, a divorce hearing may be called. Because this is not a criminal hearing, the outcome is often determined by an individual judge, who hears hundreds of divorce cases every year. Because of this, whether or not you receive what is rightfully yours hinges on your ability to present your side of the story clearly and accurately. Most individuals rely on an experienced divorce law attorney to help them do so. It is almost certain that, whether you are settling the division of property in court or out of court, your former spouse will have legal representation. So should you.
Finding a Divorce Lawyer
Because going through a divorce is already a stressful process, it is important to work with a divorce attorney who you feel comfortable with and feel you can trust. Most divorce attorneys will meet with you to discuss your expectations and concerns long before you meet with your spouse and his or her attorneys, and will answer your questions about divorce law up front. This also gives you the opportunity to consider what is important to you to retain after the divorce, and on what points you may be willing to concede to get what is most valuable to you.
Frequently Asked Questions
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QUESTION:
I am filing for divorce in NC but my husband doesn’t agree to it. How do I go about doing this?
step by step instructions would be very helpful. I don’t even know where to go too get a divorce.We don’t have kids together or any property or money. He is also in the military, currently living in VA and I am living in NC. We got married Aug 10th 2008 and haven’t been together seen we got married.
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ANSWER:
Question best answered by a lawyer. Where I live you would file for a legal separation unless you can prove you have been apart for a year.
I still say best to ask a professional. Sorry it did not work out for y’all.
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QUESTION:
How do I file for a divorce in NC without an attorney?
We have been separated for a little over a year, and I have no intent of reconciling! I have gotten a a few rates from attorneys, but I would like to know if there’s a way I can do it on my own. We have no children together. Only 1 piece of property (an old school 87 caprice classic) that I said he can have because its his. This divorce will basically be uncontested. Please Help!!!-
ANSWER:
You do not always need a lawyer to divorce, its a common misconception. An uncontested (agreed upon) divorce does not require a lawyer, you can do it yourself. You would prepare papers (or have them prepared), file them at your court house and serve a copy to your spouse. You then will wait the required waiting period (if any) as ordered by your state, and you’ll receive a final divorce decree by mail when the divorce is finalized.
Only contested divorces need lawyers.
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QUESTION:
How ong does it take a Marine to get a divorce in NC?
If u have been married for under two years to a woman who already had 2 children from her first marriage are u responsible for their support until the divorce is final and what about after, even if you never legally adopted them?lease help.-
ANSWER:
My husband is stationed in NC, and is a Marine as well, so I’ve known a few women that have had other children and have gotten separated.You have to be legally separated for one year before a divorce can finalize. I’m not sure if the Marine will be liable for the children and paying child support, you’ll have to call an official on base – they’re usually very good with helping family problems, such as this. Google the base he’s stationed at, and call a help line number.
Sorry I couldn’t be much help, but I’d figure I’d give you what I know! Good luck.
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QUESTION:
When filing for divorce in NC, can I just post ad in newspaper?
Want to find out if there is a way to get this done without paying alls the fees. I was advised that if an ad was posted in newspaper for 1 month, i could proceed with the divorce and not have to pay any fees. Is this correct?-
ANSWER:
You are soooooo cheap! You can’t even pay for your own divorce? HAHA OMG!
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QUESTION:
filing for divorce in NC without spouse having to sign?
I need to know how to file for a divorce in the state of North Carolina and wife not have to sign the papers. I want to file for divorce on the grounds of adultery but she stated if I put anything other than irreconcilable differences she would not sign. She does not want to admit she cheated.-
ANSWER:
She has to sign the papers. It’s the law. North Carolina is a no fault divorce state, and she doesn’t have to admit she cheated. You know what she did and she knows what she did, and that’s enough anyway. Just file for divorce and move on with your life. Don’t let your emotions get in the way.
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