If you are considering a divorce in the state of North Carolina, it is helpful to have a basic understanding of the various different categories that your divorce can fall under. Filing for a divorce is a lengthy and detailed process, and for that reason it is highly encouraged to contact and experienced Raleigh Divorce Attorney as soon as possible before taking the next step. At the Hopper Law Firm, PLLC we have extensive experience helping clients file for their divorce and work through the many factors that are involved including, alimony, child custody, child support, division off the assets and much more. Our team is comprised of highly qualified legal professionals who are prepared to do what it takes to represent your needs while doing what is necessary to protect your rights.
When considering a divorce in the state of North Carolina it is important to first realize that we are a "no-fault" divorce state. This means that in order for you and your spouse to legally and fully divorce is if you two have been completely separated for a years' time at minimum. While there is a required time period, this does not require on spouse or the other to assume fault in the split, it just means that they need to officially be apart for a length of time. In the event that the divorce is taken to court for the division of property, custody, etc. there is a possibility that the judge will look at fault in order to make a decision that is fair for the family and in the best interests of those involved. Continue reading for a brief explanation of the various categories of divorce in our state.
Absolute Divorce. Assuming that the couple has been officially separated for at least a years' time, they are then able to file for an absolute divorce. During this time, with the help of their respective divorce attorneys, the couple will then work through the many factors of the separation such as child custody and division of the assets, etc.
Uncontested and Contested Divorce. These two categories are crucial to understand because in many cases it is the difference of whether or not the couple can avoid the court process in order to obtain their divorce. A contested divorce means that the couple, for whatever reason, are unable to or unwilling to reach an agreement. In many cases it is over who will have custody of the children or their assets and properties that they are unwilling to compromise with. If the attorney is unable to help them reach a decision, it is then that the couple will likely go before the court in order to let the judge decide the outcome. An uncontested divorce is the exact opposite and it is when the couple can peacefully reach a compromise, therefore avoiding court and the many expenses that come along with trial.
Divorce Mediation. This is a very common process used for couples who desire to come to an agreement and avoid the court process. The mediator is a third party member who remains unbiased in order to facilitate the mediation. In most cases each party will still have their own attorney present in order to look out for their legal rights and needs in the process of the mediation. This third party member will help the couple address all of the areas of the divorce and encourage them to reach a fair compromise. For those couples who are parents, it is a useful tool in order to see to it that both parent can walk away pleased with the custody arrangements. This time can also be used in order to establish the very details of the custody and visitation arrangements, etc. This process is often considered to be the less expensive method of filing for a divorce for numerous reasons. Primarily because you are avoiding court fees, which can quickly add up when fighting for the children or your vacation home. Also, it allows the couples the opportunity to work through the details together as opposed to fighting it out. This process can be considered far less draining for their wallets as well as their emotions; which are likely already sensitive at this point in time.
If you or someone you know is considering filing for a divorce, contact us today at Hopper Law Office for an experienced attorney who will help you protect your rights and fight for your needs and wants in the divorce settlement.