The issues surrounding a divorce or separation in North Carolina may be resolved in two ways. First, the parties may come to an agreement in a separation agreement whereby the parties mutually agreed upon child custody, child support, alimony, property division and any other issues surrounding the dissolution of their marriage. This is the less costly, quickest, and less stressful of the two alternatives as the parties are able to control the outcome. If the parties are unable to come to a mutual agreement, the court system would be the mechanism for determining any unresolved issues. One of the parties would file a complaint with the county clerk of the court asking the court to resolve any outstanding issues. Filing a lawsuit is usually the more costly, more stressful, and time consuming option, but in some cases the parties are left with no alternatives.
In North Carolina a divorce usually is referred to as an absolute divorce when the bonds between the parties are dissolved such that the parties are no longer husband and wife. In North Carolina a complaint for divorce can be filed after the parties have been separated for a period of one year. The grounds for the absolute divorce are (1) that the parties have lived separate and apart for a period of one year, (2) that at least one party has intended the divorce to be permanent and (3) the parties have not resumed their marital relationship.
Prior to the absolute divorce the parties may resolve by agreement or through the court system the other issues ancillary to the absolute divorce, including but not limited to custody, child support, alimony and property division. It is important that alimony and property division issues be resolved prior to the absolute divorce or at least be pending (ie a complaint has been filed preserving the issue) otherwise a party will lose the right to request a court to make a determination of the issue.
If you are currently involved in divorce or foresee one, it is important that you know the law that are there to protect your rights and your children. Please contact our Cary, NC law office today for legal help in your separation, divorce or child custody matters. Williams Law Group, PC will use proven legal strategies, strong evidence and aggressive negotiating to ensure that you present the strongest case. We can be reached at (919)773-1440 or via email.
Miles and his team of professionals are prepared, courteous and available to speak with you.
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This is one of the easiest referrals I will ever make. I entered Miles Williams’ office during one of the most difficult and troubling times of my life. I never expected to be there – yet I had to accept the situation and fight for the best outcome for my family. Miles is a combination of professionalism, preparedness and compassion that will not wain at any time through this process. Miles and his team of professionals are prepared, courteous and available to speak with you. They keep you current regarding your options as well as current status. I am grateful to have worked with Miles and his team and delighted with an outcome that was better than I expected it to be.
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