Divorce Attorney

Our Experienced Attorneys Help You Pursue an Absolute Divorce and Resolve Related Family Law Matters in Greensboro, North Carolina

Every day, we see how family law concerns leading to or arising from divorce often present a complex array of difficulties that significantly impact individuals and their families in North Carolina. The journey from sharing a life together to deciding on parting ways can be emotionally taxing and fraught with challenges that extend beyond mere separation. Following a one-year separation, either spouse is eligible to submit documents to the court to dissolve their marriage in North Carolina. Each divorce case differs, with distinct hurdles and goals for a given family. Our experienced Greensboro, North Carolina divorce attorneys are prepared to help you navigate the process and pursue the better life you envision.

The emotional stress and turmoil of ending a relationship that once seemed it would last a lifetime can affect one’s mental health and well-being, making it difficult to make objective decisions about one’s future. Divorce can be particularly challenging for any children involved. Issues such as custody arrangements, visitation rights, and child support not only affect the immediate living conditions, but also have long-term implications for their emotional and financial stability.

The division of property, assets, and debts between spouses is a critical concern that can have lasting economic consequences. Whether you may be seeking or providing financial support, alimony and child support arrangements are pivotal issues that influence both parties’ futures. An experienced family law attorney can provide invaluable guidance, from filing the initial paperwork to representing you in court proceedings.

At ER Law Trial Lawyers, our Greensboro divorce lawyers help our clients move through the difficult phases of divorce with dignity and towards a brighter future. Contact us today to schedule a consultation, where we will review the unique details of your divorce case and plan your legal strategy.

Key Takeaways We Address Below Regarding Divorce Cases and Concerns in North Carolina

• Understanding the types of divorce, separation, and related concepts in North Carolina.
• The grounds for a North Carolina divorce.
• The path to seeking an absolute divorce in North Carolina.
• Dividing assets equitably during the North Carolina divorce process.
• Considerations regarding alimony or spousal support in a North Carolina divorce.
• Child custody decisions focus on the welfare and interests of the child.
• The concerns and factors guiding child support decisions in North Carolina divorces.
• Misconduct or failing to comply with court orders are significant factors that can hurt your divorce case in North Carolina.
• Considerations when facing hostility during an adversarial divorce or when divorcing a narcissist.
• How our experienced divorce lawyers at ER Law Trial Lawyers can guide you throughout your North Carolina divorce.

Types of Divorce and Separation in North Carolina

In North Carolina, divorce and separation are governed by specific laws that distinguish between different types of marital separations and divorce proceedings. Understanding these distinctions is crucial for individuals navigating family law issues in our state.

Types of Separation in North Carolina

• Trial Separation: This is when spouses live apart to decide whether to continue the marriage or divorce. Financial and child custody arrangements during this period are temporary and not legally binding.
• Permanent Separation: This occurs when spouses live apart with no intention to reconcile. Financial and custody agreements may become more formalized, impacting future divorce proceedings.

Types of Divorce and Related Processes in North Carolina

• No-Fault Divorce: North Carolina allows for a no-fault divorce, which can be sought after the couple has lived separately and apart for at least one year and one day, without the need to prove wrongdoing by either party.
• Absolute Divorce: This legally ends the marriage and is commonly pursued after the required one-year separation period. It allows for the resolution of alimony, property division, and other legal matters.
• Divorce from Bed & Board: Despite its name, this is not a full divorce but a court-ordered legal separation based on fault grounds such as adultery, abandonment, or cruelty. It can lead to spousal support and set the stage for an absolute divorce later.
• Contested vs. Uncontested Divorce: A contested divorce occurs when spouses cannot agree on key issues like property division, child custody, or support, requiring court intervention. An uncontested divorce, conversely, involves spouses agreeing on all major issues, often leading to a quicker and less costly process.
• Collaborative Divorce: This is a non-adversarial process where both parties and their attorneys commit to resolving all issues of the divorce without going to court. It focuses on negotiation and mediation to reach a mutually acceptable agreement while seeking to reduce divorce cost and related frustrations.

Each type of separation and divorce in North Carolina carries its own set of legal considerations and implications. Individuals considering divorce or separation should consult with an experienced North Carolina divorce lawyer who can provide guidance tailored to their specific situation, helping navigate the complexities of the law towards a resolution that serves their interests and those of their family.

Grounds for Divorce in North Carolina

In North Carolina, the grounds for divorce are established by state law, offering a structured framework for legally ending a marriage. North Carolina continues to operate under a system that primarily recognizes no-fault divorces, with the option to file under the specific condition of incurable insanity.

The two recognized grounds for divorce in North Carolina include:

1. Separation for One Year: A commonly invoked ground for divorce, this no-fault basis requires that the spouses have lived separate and apart for at least one year without resuming marital relations. The principle of no-fault means neither spouse is required to prove wrongdoing by the other.
2. Incurable Insanity: A less commonly used ground, incurable insanity requires that the couple has lived separate and apart for at least three consecutive years due to the incurable insanity of one spouse. This condition must be medically verified and recognized within the legal proceedings.

While these are the grounds for an absolute divorce, North Carolina also allows for legal actions based on fault for purposes other than ending the marriage, such as claims for divorce from bed and board (a form of legal separation), which can address issues like abandonment, cruelty, excessive use of alcohol or drugs, and adultery — among others. While these legal actions based on fault do not dissolve the marriage, they can affect alimony, property division, and other legal considerations. The divorce lawyers at our Greensboro family law firm can assess how these related family law matters may be impacted by the terms of separation agreements and divorce itself.

Absolute Divorce — Legal Dissolution of Marriage

In North Carolina, an Absolute Divorce is the legal termination of a marriage, effectively dissolving the marital bonds between spouses under the law. Legal Separation can be a precursor to divorce, and it is one of the definitive steps in the process of divorce that carries significant legal consequences for both parties involved. The state of North Carolina provides clear statutes governing the process and requirements for an absolute divorce.

Key Aspects of Absolute Divorce in North Carolina

• Grounds for Absolute Divorce: North Carolina recognizes two primary grounds for granting an absolute divorce: separation for at least one year and a day, and incurable insanity. The one-year separation is a very common ground, during which spouses must live apart with the intention of ending their marriage.
• Legal Separation as a Precursor: Before filing for an absolute divorce based on the ground of one-year separation, the couple must undergo a period of legal separation. This separation period is crucial, as it sets the stage for the eventual dissolution of the marriage. Unlike some states, North Carolina does not require a legal document to mark the beginning of the separation period; however, maintaining evidence of the separation date is important for the divorce proceedings.

Steps to Pursue Legal Separation and Absolute Divorce in Greensboro, North Carolina

1. Begin Separation: The couple must start living separately, in different residences, with at least one spouse intending for the separation to be permanent.
2. Document the Separation: While not required by law, documenting the start of the separation — for example, through a separation agreement — can help clarify the separation date and terms regarding child support, custody, and property division during the separation period.
3. Wait One Year and a Day: After living apart for one year and one day, either spouse is eligible to file for an absolute divorce in North Carolina.
4. File for Absolute Divorce: The spouse seeking the divorce must file a complaint in the county where either spouse resides. The complaint should state the grounds for divorce and provide necessary details about the marriage and separation. Your divorce lawyer can guide you through this process and handle the filing on your behalf.
5. Serve the Other Spouse: The filed divorce complaint must be officially served to the other spouse, giving them notice of the divorce proceedings.
6. Divorce Judgment: After serving the divorce complaint and potentially attending a court hearing (if required), the court can issue a judgment granting the divorce, officially dissolving the marriage.

It’s important to note that issues related to alimony, child support, custody, and property division are handled separately from the absolute divorce proceeding, and may require additional legal actions.

Division of Assets — Equitable Distribution

In North Carolina, the division of assets during a divorce follows the principle of equitable distribution. This process is designed to fairly divide marital property and debts acquired during the marriage between both spouses. It’s important to understand that “equitable” does not necessarily mean equal (50/50) asset division, but rather property distribution that is considered fair and just by the court — based on a variety of factors.

Key Points about Equitable Distribution in North Carolina

• Marital vs. Separate Property: Only marital property is subject to division in a divorce. Marital property includes assets and debts acquired by either spouse during the marriage (with some exceptions like inheritances). Separate property, owned before the marriage or accepted as a gift or inheritance, is not divided.
• Process: The equitable distribution process can be initiated by either spouse filing a claim with the court. Ideally, spouses can reach an agreement on the division of assets without court intervention. If an agreement cannot be reached, the court will proceed to make the determination.
• Factors Considered: The court considers multiple factors in determining what is equitable. These factors include the earnings and earning potential of each spouse, the duration of the marriage, any contributions to the education or earning power of the other spouse, and the physical and emotional health of both parties, among others.
• Presumption of Equal Division: While the starting point for the division is an equal split, the court has the discretion to depart from this based on the circumstances and factors relevant to each case. The goal is to seek a division that is fair to both parties. Discuss with your attorney whether there are factors in your case that would cause the court to stray from a presumption of equal division.
• Division of Debt: Equitable distribution also applies to debts accumulated during the marriage, and they are divided between the spouses in a manner deemed fair by the court, considering similar factors used for dividing assets.

Additional factors, such as the terms of a premarital agreement or business valuation in the case of a business owned by one or both spouses, may also play significant roles throughout the property division process.

Alimony (Spousal Support)

In North Carolina, alimony or spousal support plays a significant role in divorce proceedings, serving as financial support from one spouse to another post-divorce. This aspect of family law is designed to mitigate the economic effects of a divorce by providing a continuing income to a non-wage-earning or lower-wage-earning spouse. Understanding the major considerations regarding alimony is crucial for anyone going through a divorce in North Carolina.

Major Considerations for Alimony in Greensboro, North Carolina

• Marital Misconduct: Under North Carolina law, the court will consider any marital misconduct, including “illicit sexual behavior,” when determining alimony. If the dependent spouse is found to have engaged in such behavior, they may be barred from claiming alimony.
• Dependency: The spouse seeking alimony must demonstrate dependency on the other spouse for maintenance and support. Dependency is determined based on the standard of living established during the marriage, as well as the financial resources and needs of both parties.
• Calculation Factors: Several factors influence the calculation of alimony, including the duration of the marriage, the age and physical/mental health of both parties, earned and unearned income, and the contribution of one spouse to the education or earning potential of the other.
• Impact of Absolute Divorce: An absolute divorce within North Carolina will terminate the right of a spouse to equitable distribution unless asserted prior to the divorce. This emphasizes the importance of addressing alimony and property division before finalizing the divorce.

An experienced family law attorney can help protect your rights and interests, particularly when marital misconduct or other sensitive issues are involved. With the potential long-term financial implications of alimony decisions, it is important to have experienced legal representation with strong attention to detail in pursuit of a favorable resolution that can strengthen your life’s trajectory.

Child Custody — Focusing on the Interests and Welfare of the Child

In North Carolina, child custody determinations are deeply rooted in the overarching principle of ensuring the interests and welfare of the child. The state’s legal framework provides a comprehensive approach to resolving custody matters, emphasizing the child’s safety, health, and happiness. Below, we will address the major considerations and types of custody as outlined by North Carolina law.

Major Considerations for Child Custody in Greensboro, North Carolina

• Interests of the Child: The paramount consideration in any custody decision is the child’s interests, focusing on providing a stable, nurturing environment that supports the child’s overall well-being.
• Parental Conduct: While the court may consider a parent’s sexual conduct, it does so with limits, primarily assessing whether the conduct negatively impacts the child.
• Child’s Preference: Depending on the child’s age and maturity, their preference may be considered, though it is not the sole factor in the court’s decision-making process.
• Parental Preferences and Relationships: The desires of the parents, as well as the nature of each parent’s relationship with the child, play a role in determining custody arrangements.
• Safety and Environment: The court evaluates the safety of the child’s living situation and the overall environment offered by each parent, including considerations related to domestic violence.

Types of Custody in North Carolina

Custody in North Carolina may refer to legal custody or physical custody — each of which may be sole (one parent) or joint (both parents).

• Legal Custody: This is the right to make significant decisions about the child’s life, such as education, healthcare, and religious upbringing. Legal custody can be awarded jointly or solely.
• Physical Custody: This pertains to where the child physically resides. Physical custody arrangement terms can range from joint physical custody, where the child splits time between both parents, to sole physical custody with one primary caregiver.
• Joint Custody: Both parents share in the custodial responsibilities and decision-making for the child in a joint custody arrangement. This type of custody requires effective communication and cooperation between parents.
• Sole Custody: One parent has the exclusive right to make decisions regarding the child’s upbringing and/or is the child’s primary residential parent in a sole custody arrangement. This may be granted in situations where joint custody is not in the child’s interest.

Custody decisions in North Carolina are made through court orders, following a custody hearing or trial, or via a voluntary agreement between the parents. It is often encouraged that parents reach a custody arrangement through mutual agreement, which can then be approved by the court.

However, when an agreement cannot be reached, the court will intervene to determine an arrangement that serves the interests of the child. A knowledgeable family law attorney can guide a parent through the legal process, advocate for their rights and interests, and pursue a custody arrangement that prioritizes the well-being of the child.

Child Support — Seeking to Ensure a Child’s Financial Needs are Still Met After Divorce or Separation

In North Carolina, child support is a critical component of ensuring that the financial needs of children are met following the separation or divorce of their parents. The state’s approach to child support emphasizes both parents’ responsibility to contribute to their children’s upbringing and care, with several key considerations influencing how child support is determined, the duration of support, and the impact of paternity on these obligations.

Major Considerations for Child Support in North Carolina

• Factors Affecting Child Support: The primary factors considered in determining child support amounts include each parent’s income, daycare expenses, the cost of medical insurance for the child, and the living arrangements of the children. The North Carolina Child Support Guidelines utilize an “income shares” model, which aims to ensure that the child has access to the same proportion of parental income that they would have if the parents were living together.
• Duration of Support: Generally, child support is required until the child reaches the age of 18 or graduates from high school, whichever comes later, but not beyond the age of 20. There are specific circumstances under which support may extend beyond these general guidelines, such as in cases involving children with special needs.
• Retroactive Child Support: North Carolina law does allow for the claiming of child support for previous months or years prior to the issuance of a child support order (known as retroactive child support), under certain conditions. The court may consider the needs of the child, the historical spending of the family for the child’s care, and the non-custodial parent’s ability to pay when determining retroactive support.
• Paternity Determination: Establishing paternity is a crucial step in securing child support. If paternity is in question, it must be legally determined before a child support order can be established. North Carolina provides several methods for establishing paternity, including voluntary acknowledgment by both parents or through court action. The determination of paternity not only affects child support, but also impacts custody and visitation rights.

Our experienced family law attorneys can provide valuable guidance, ensure compliance with North Carolina’s legal standards, and advocate on behalf of their client’s and the child’s interests throughout the child support process.

Factors That Can Hurt Your Divorce Case

In North Carolina, several factors can negatively impact an individual’s divorce case, particularly concerning alimony, child custody, and property division. Understanding these factors is crucial for anyone navigating a divorce in this state. Marital misconduct and related behaviors play a significant role in how divorce proceedings unfold, affecting the resolutions of various claims.

The following are key factors that can harm someone’s divorce case in North Carolina:

• Adultery or Infidelity: While North Carolina is a no-fault divorce state, adultery can significantly impact alimony awards. If a spouse seeking alimony is found to have committed adultery, they may be barred from alimony payments.
• Marital Misconduct: Beyond adultery, other forms of marital misconduct, such as physical or emotional abuse, abandonment, or reckless spending of marital assets, can influence the court’s decisions on alimony and potentially child custody.
• Alienation of Affection: North Carolina recognizes claims for alienation of affection, where a spouse can hold a third party liable for damaging the marital relationship. This can introduce additional legal complications and financial liabilities.
• Substance Abuse: Drug or alcohol abuse can adversely affect child custody determinations. The court prioritizes the child’s safety and well-being, and substance abuse issues can lead to limitations on custody or visitation rights.
• Financial Misconduct: Hiding assets, incurring significant debts without the other spouse’s knowledge, or depleting marital assets through gambling or extravagant spending can impact equitable distribution and alimony awards.
• Failure to Comply with Court Orders: Non-compliance with temporary orders regarding child support, spousal support, or custody during the divorce process can harm one’s case and credibility in court.

Given the potential consequences of these factors, it’s evident why individuals going through a divorce in North Carolina must conduct themselves carefully and seek competent legal representation. Our experienced family law attorneys at our Greensboro family law firm can provide you guidance on how to navigate these challenging family law matters, protect your interests, and work towards a fair resolution of the divorce proceedings.

Hostility and Narcissism in Difficult Divorces

Hostile and adversarial tendencies may be indications one is divorcing a narcissist. Divorcing a spouse who exhibits narcissistic traits or has been diagnosed with Narcissistic Personality Disorder (NPD) presents unique and significant challenges within the divorce process. The inherent characteristics of narcissism, such as a lack of empathy, a need for admiration, a sense of entitlement, and a tendency to exploit others, can exacerbate the adversarial nature of divorce, making it exceptionally difficult for the other spouse to pursue their interests effectively.

Key Challenges in Divorcing a Narcissist in North Carolina

• Adversarial Behavior: Narcissists often view divorce as a competition or battle, where winning is the only goal. This mindset can lead to prolonged legal battles, increased legal fees, and unnecessary emotional stress.
• Hostility and Litigation: Individuals with narcissistic tendencies may use the legal system as a tool of manipulation and control, engaging in hostile litigation tactics, such as filing frivolous motions or refusing to comply with court orders, to wear down the other party.
• Manipulation of Facts: Narcissists may manipulate facts or lie outright to portray themselves in a favorable light or to discredit their spouse. This behavior can complicate the discovery process and challenge the integrity of the legal proceedings.
• Impact on Child Custody: In cases involving children, a narcissistic parent may use custody disputes as a means to exert control or punish the other parent, rather than focusing on the interests of the child.

Given these dynamics, it is crucial for individuals divorcing a narcissist to work with an experienced divorce attorney who understands the complexities of dealing with narcissistic personalities within the legal framework. An attorney skilled in handling high-conflict divorces can offer strategic guidance, advocate for your rights and interests, and navigate the challenging landscape of negotiating with a narcissist.

A divorce lawyer experienced in handling narcissist divorce cases can also work to minimize the emotional and financial toll of the divorce process, towards ensuring that decisions are made based on rational legal strategy rather than as reactive to the narcissist’s manipulative provocations. This can help in seeking a fair settlement, protecting parental rights, and maintaining the focus on long-term well-being for both the client and any children involved.

Divorcing a narcissist in North Carolina requires a robust legal strategy, an understanding of narcissistic behaviors, and a commitment to protecting one’s rights and interests through skilled legal representation. Due to the potential for adversarial behavior and manipulation, securing experienced legal counsel from an experienced narcissist divorce lawyer is not only beneficial, but essential in these complicated family law cases.

How a North Carolina Divorce Attorney at ER Law Trial Lawyers Can Help

Navigating the complexities of divorce can be challenging. A North Carolina divorce lawyer plays a crucial role in traversing this difficult process, protecting rights, and guiding informed decisions. ER Law’s divorce lawyers in Greensboro and Reidsville can assist someone considering or pursuing a divorce in the following ways:

• Legal Guidance on Divorce Proceedings: Our Greensboro divorce lawyer team provides comprehensive legal advice tailored to North Carolina’s divorce laws, helping you understand your rights, the legal process, and the implications of your decisions.
• Filing and Documentation: Our family lawyer team handles the preparation and filing of necessary legal documents, towards ensuring accuracy and compliance with North Carolina statutes to avoid unnecessary delays or legal issues.
• Alimony (Spousal Support): Our divorce attorneys can help negotiate fair alimony arrangements, considering factors like the duration of the marriage, each spouse’s financial status, and future earning potential.
• Child Custody and Child Support: Our divorce attorney team works to protect clients’ parental rights while focusing on the interests of the children involved, assisting in establishing appropriate child custody and support agreements.
• Property Division: Our divorce lawyers provide assistance in the equitable division of marital assets and debts, taking into account the contributions of each spouse and the need to secure a stable financial future post-divorce.
• Negotiation and Mediation: Your family lawyer can represent you in negotiations, collaborative divorce approaches, mediation sessions, separation agreements, or other creative solutions to reach amicable settlements on contentious issues, minimizing the need for court intervention.
• Representation in Court: If disputes cannot be resolved through negotiation or mediation, your Greensboro divorce attorney will represent your interests in court, advocating on your behalf throughout the litigation process.

Engaging a knowledgeable and experienced North Carolina divorce attorney is invaluable for anyone going through a divorce. Our family law group helps clients in the Greensboro area navigate legal complexities and provide emotional support during a stressful time, aiming for solutions that align with our clients’ interests. We can determine the appropriate way to address these complex matters in your unique divorce case during your initial consultation.

Schedule a Consultation with ER Law Trial Lawyers in Greensboro, North Carolina to Discuss Your Divorce Case and Begin Your Strategy

We want to help you pursue decisions that safeguard your interests and those of your children, paving the way for a more stable and hopeful future while minimizing the emotional and financial stresses of divorce. Your divorce lawyer at ER Law will tailor a legal strategy that addresses your specific needs and goals while ensuring compliance with North Carolina’s legal standards.

An experienced family law attorney at ER Law Trial Lawyers can help you understand your legal options while evaluating the unique details of your situation and devising your case strategy. We’ll explore the implications involved in your specific situation, including the ways in which a divorce can impact your legal rights. Call us today at (336) 904-9000(336) 904-9000 or fill out our online form to schedule a consultation, during which we will discuss your case and plan your next steps.

For your convenience, we are accessible to discuss your case by phone, over Zoom, or in person at either of our Reidsville or Greensboro, North Carolina law offices. We proudly serve North Carolina residents in both Guilford County and Rockingham County.

Protecting Your Rights.