In N.C. getting a divorce simply means that you are no longer married to your spouse. Since family law varies widely from state to state, many people hear various myths about divorce laws and how the legal process works in North Carolina. Because divorce is a common issue throughout the country, many people claim to be familiar with family law, while in fact they may only be aware of the laws related to a another state. Many times the laws they are talking about are no longer in effect or don’t apply. Family law in North Carolina is frequently changing either through the opinions of the courts or by amendments to statutes. Unfortunately it is also common for people to get misinformation about family law or divorce law from non-attorneys and from attorneys who do not specialize in divorce or family law.
In N.C. in order to get a divorce or absolute divorce, you will need to file a complaint with the court. Your spouse will need to be served with the complaint. If your spouse doesn’t answer the complaint then you may be able to get your divorce within about 60 days. It’s important to know that filing for divorce waives many of your rights. Once those rights are waived, you cannot get them back.
Divorce is an extremely stressful process, especially when you are unable to reach an agreement and have to appear in court. When you are going through a divorce, we understand the difficulties you are experiencing, and will consider alternatives to settle the case that will reduce costs and result in a fair settlement to you. Coming to an agreement with your spouse will not only reduce legal expenditures, but will also allow you to take an active role in finalizing your case, and eliminates the risk of going to trial and the uncertainty of a judge’s orders.
In North Carolina, if your divorce involves the equitable distribution of property or child custody you will be required to attend mediation. At mediation, you and your spouse can negotiate the settlement of your case. If you are unable to reach an agreement with your spouse and litigation is the only option, having an experienced attorney who will prepare you for your hearing and help you focus on the most important factors for success of your case.
If you have questions, you can contact the McIlveen Family Law Firm at (704) 865-901Email