Cary Divorce Lawyer | No-Fault and Other Legal Separation Options

Cary Divorce Lawyer

Divorce can be a challenging time both emotionally and financially. Sometimes a parting of the ways may be amicable but other times it can involve disagreements and bitter arguments.

You may need the advice of an experienced Cary divorce lawyer who could assist you with all stages of a divorce. They could help by explaining the different methods and costs of divorce, reviewing paperwork for filing with the court, drafting motions, preparing draft divorce agreements, and representing individuals in court.

Seeking a Divorce

The most common form of divorce is called a no-fault divorce. In this type of divorce, neither spouse is required to state a reason for the breakdown of the marriage. The two requirements they must meet are:

  • Residency – at least one spouse must be a resident of North Carolina for at least 6 months
  • Separation – the couple must be living in separate residences for at least a year

Once the requirements are satisfied, a spouse may be granted an order of Divorce Absolute. This means the parties are legally divorced and free to remarry. In some cases, a divorce may be finalized before other issues such as property division, child custody, and spousal support are addressed. Also, courts may consider marital misconduct when addressing issues such as child custody and spousal support.

When is Someone to Blame?

Although a no-fault divorce is typical, a divorce may also be filed under any of the following at-fault categories:

  • Abandonment
  • Cruel treatment that endangers life
  • Adultery
  • Excessive use of alcohol or drugs that adversely affects the other spouse
  • Maliciously throwing the other spouse out of the home
  • Behavior that renders the other spouse’s life intolerable

Other Separation Options in Cary

When the spouses agree to most issues, they may draft a separation agreement. The agreement should address issues such as property division, spousal support, child custody, and child support. The couple files the agreement with the court and it can become a part of the final divorce judgment.

If the parties do not agree on all or some of the matters, it is more difficult to settle outside of court. Difficulty settling is often more common when the parties have substantial assets or own a business. Disputes generally center around how to divide assets, valuation of the business, child custody, and spousal support amounts. These issues may be settled through mediation and if mediation fails the court may order a trial.

A legal separation can result from a “divorce from bed and board.” If a court awards one spouse a divorce from bed and board, one party is ordered to move out of the marital residence. Although the couple is no longer considered “together,” they are still legally married until a Judgment of Absolute Divorce is entered by the court.

Reaching an Agreement Without Going to Court

Mediation has become popular for couples who want to save the time and court costs associated with a formal trial on equitable distribution, spousal support, child support or child custody. A trained mediator (sometimes court appointed) negotiates between the parties to develop an agreement. The mediation sessions may involve the parties’ attorneys, a neutral attorney, or a facilitator attorney.

In a collaborative divorce, the parties negotiate directly with each other using the assistance of Cary divorce lawyers who have special training. Sometimes neutral divorce coaches or financial advisors assist in the collaboration.

In this type of divorce, the spouses are expected to come to an agreement on their own, but with the support of professionals. However, the attorneys who assist in the collaboration are disqualified from representing either party in a contested divorce should collaboration fail.

Working with a Cary Divorce Attorney

Divorce can be time-consuming, emotionally charged, and costly. Moreover, if a couple fails to plan for certain considerations, they could be forced to go back and modify an inadequate plan. That is why it is crucial to have the help of a dedicated attorney.

A knowledgeable attorney could work hard for spouses seeking a divorce to achieve the best outcome for each situation and budget. A Cary divorce lawyer with solid experience listening to divorcing spouses could offer sage advice for each situation.

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