Protecting Your Interests In A Divorce
With so much at stake during a divorce – what happens to the children, who gets the house, and how will savings and property issues be resolved – it is imperative to have an experienced family attorney advocating on your behalf throughout the entire process.
At Bull & Reinhardt, PLLC, we are experienced in every facet of the law relating to child custody, equitable distribution of marital property, spousal support, and all other relevant issues that arise during a divorce. With more than 45 combined years of legal experience, we have the skills and knowledge necessary to adeptly address all nuances of each unique divorce situation.
Our family law representation experience is especially beneficial in complex, high-asset divorces, where substantial assets and special issues are involved, where the choice of attorney has an even greater impact on the ultimate settlement or divorce decree.
Powerful Representation For All Your Divorce Needs
Our primary concern is meeting your goals and helping you get through your divorce or separation as efficiently and easily as possible. We’re experienced in all aspects of family law litigation and do not hesitate to aggressively protect our clients’ interests, but we are also well-versed in alternative dispute resolution, including mediation and arbitration proceedings. In any setting, we have the resources and extensive legal knowledge necessary to resolve issues related to:
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Who Needs A Divorce Lawyer?
Although anyone can benefit from hiring an attorney as soon as he or she realizes that their marriage or relationship has reached its end, it is especially important to retain legal counsel if:
- Your spouse has already hired a lawyer. If the other side has representation, you should be represented, as well. This ensures that you always have someone protecting your best interests and are on equal footing with someone at your side who knows the law, the rules of evidence, procedure, and local rules and can avoid you be taken advantage of by the opposing counsel. Their attorney will be aggressively advocating for them. You need a strong advocate at your side.
- The relationship involved child or spousal abuse or domestic violence. A skilled lawyer can help you obtain legal protection, such as emergency custody or a restraining order so that you and your children do not have to fear retribution from an abusive spouse.
- You know that your soon-to-be ex wants revenge. Our skilled lawyers can provide you with the calm, confident representation you need to navigate through a divorce marked by a former spouse’s pettiness, anger or irrational demands.
- You or the other party had an affair. If your divorce involves elements of alienation of affection or adultery, an experienced attorney can navigate you through the issues involved when the divorce is complicated by these factors.
- Issues of child relocation are involved. A lawyer is especially helpful if the adverse party has or is threatening to remove your child or children or keep them away from you, or if you are seeking to relocate. A parent’s relationship with their children is critical and you need someone to protect and preserve this bond.
How Do I File For Divorce In North Carolina?
The residency requirements in North Carolina mean that one of you must live in the state for six months before filing for divorce. Once you meet this requirement, you can file your divorce paperwork and serve a divorce petition to your spouse. Here’s the paperwork you’ll need:
- A divorce complaint outlining your case and the basic facts
- A summons informing your spouse that you are asking for an absolute divorce
- A court filing fee payment
- An SCRA (Servicemembers Civil Relief Act) affidavit, which informs the court if your spouse is a military service member
- A Domestic Civil Action Cover Sheet
After filing, you and your spouse will decide whether to mediate or litigate the divorce. If your spouse fails to respond, you can obtain a default divorce.
What Are The Grounds For Divorce In North Carolina?
North Carolina uses no-fault divorce laws, which means you don’t have to prove your spouse did anything wrong. You and your spouse simply have irreconcilable differences and would like to end your marriage.
However, North Carolina law requires that couples live apart for 12 months before they can file for a no-fault divorce. You can’t live under the same roof for the entire 12 months. If you move back together, even briefly, the 12-month period resets.
North Carolina also recognizes incurable insanity as grounds for divorce. Although this is rare, it is possible to use if one spouse has a medical diagnosis and both individuals have been living apart for three consecutive years.
How Long Does The Divorce Process Take?
Each divorce case is unique, but it generally takes a few months. A complex or contentious divorce, however, could take a year or more.
If your goal is to get through the divorce quickly, there are steps you can take. For instance, a contested divorce will take longer than an amicable divorce because the court must make a ruling. If you and your spouse can agree on basic matters like child custody or how to divide marital assets, the process is much faster. The court will still need to approve your decisions to ensure they are within the bounds of the law, but that takes less time than issuing an order.
Contact A Knowledgeable Divorce Attorney
To arrange a confidential consultation with our conveniently located Asheville-area divorce lawyers, call Bull & Reinhardt, PLLC, at 828-254-0499 or contact us online.