
Ending a marriage can be the biggest decision of your life. There may be children involved and extensive assets to consider. It is also emotional, causing you to question whether you are doing the right thing for you and your family. The process in North Carolina can be complex and requires a long separation, then paperwork and court hearings. You need an experienced Kannapolis divorce lawyer who can help you from beginning to end with compassion.
Lancaster and St. Louis have over 15 years of experience in family law, including divorce cases. We offer representation in every aspect of divorce. We understand that the details of your finances and the importance of child custody and visitation can weigh heavily on you during this time. Our personalized approach can ease your mind because we use a client-focused approach, including direct communication.
North Carolina requires that a couple must live separately for one year and a day before they can file for divorce. Another requirement is that one of the spouses must reside in the state for at least six months before filing. North Carolina is a no-fault state, meaning the year-long separation and residency are all you need to file for an absolute divorce with the Clerk of Courts in your county.
After an absolute divorce is finalized, you are no longer married. Finances and child-related issues need to be discussed in mediation between the couple and their attorneys.
Even though the requirements for divorce in North Carolina are straightforward, the process is still complicated. The first step is to hire a divorce lawyer, someone who will fight on your behalf. There are many factors, and every marriage that ends in divorce is different. The paperwork can be confusing and overwhelming. You do not want to make a costly mistake if you are trying to tackle this on your own.
Here is the process for filing an absolute divorce after you and your spouse have lived separately for a year and a day:
Some couples have more to discuss after an absolute divorce, which only dissolves the marriage legally. If there are children and property involved, each party needs to address these factors:
In some cases, pre- and/or post-nuptial agreements need to be considered. If you signed one of these documents before or after your marriage, you must share that with your divorce lawyer. These documents can greatly impact what you are entitled to after your marriage ends.
At Lancaster and St. Louis, we have experience in the areas mentioned above and can advise you through the divorce process.
The cost of a divorce lawyer in Kannapolis depends greatly from case to case. The amount of time spent on paperwork, negotiations, and time in court impacts the overall cost. A divorce may involve more complex issues, such as a high net worth or minor children. Our divorce attorneys are accessible across a range of situations and family matters.
In North Carolina, you cannot get a “fast” divorce. The state requires the couple to live separately for at least a year before filing for divorce. This separation must be proven in court by providing documentation of two different addresses. After a year of separation, you can file, wait 30 days, then go to court. That is the quickest timeline for a divorce in North Carolina.
You can still get a divorce if your spouse does not want it. The only requirement is living separately. If you have had a different address from your spouse for a year, you can file for divorce. The judge can grant the divorce without the consent of one of the parties, even if one of them does not appear in court, which may be the case if your spouse does not want the divorce.
Yes, you have to go to court to get a divorce in North Carolina. You receive a hearing date after the 30-day waiting period, which is after the divorce is filed with the Clerk of Courts. The judge assigned to the case asks you several questions about your marriage and separation. Answer honestly, and consult your attorney for how to dress and behave on the day of your hearing.
At Lancaster and St. Louis, we take a fresh approach to divorce cases. We are a small, female-owned practice, offering more direct access to the attorneys. We pride ourselves on addressing your individualized needs. We offer a wide range of family law services, and we get results for our clients. Many come back when they need us and have wonderful things to say about our services.
If you need a knowledgeable attorney to guide you through a divorce in Cabarrus or Rowan County, contact us today. Our attorneys can advocate and advise you. We can discuss your case, find a way to get you the results you are looking for, and help your family move forward.