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Introduction to Divorce

No one wants to hire a divorce attorney, but the fact is that millions of men and women go through divorce-related proceedings every year. Divorce can be one of the most stressful and emotionally painful experiences that you will ever endure. The right attorney will help you through many of the issues involved with divorce and will care about you as an individual and your case. Conversely, choosing the wrong attorney can be extremely costly and could add further aggravation to your experience. We take pride in helping clients go through this experience and would be happy to meet with you, free of charge, to discuss your options.

Divorce in North Carolina

Divorce itself is not a complex process in North Carolina. The complexity of a domestic case arises in deciding the other issues of child custody, child visitation, property division, and spousal support. To obtain a divorce, either you or your spouse must have lived in this state for at least six months prior to the filing of your complaint for divorce. Once filed, the complaint must then be served on your spouse either by a sheriff or by certified mail. If you are unaware of your spouse's location, you may still obtain a divorce by following certain notice rules. After waiting the specified period of time, your attorney can appear without you or your spouse being present and obtain your divorce. There are only two grounds for divorce in North Carolina. The first and most commonly used is a one year separation between you and your spouse. The second ground for divorce, which is rarely used, is incurable insanity. The average divorce case takes approximately forty-five days to complete from the day you retain us.

Separation Agreement

A separation agreement is a contract between a husband and a wife. Accordingly, it must be in writing, signed by both parties and notarized. It should be the product of full disclosure and negotiation between the parties as it is a binding contract and should be designed to last forever. Often, parties who draft these agreements on their own, without the assistance of a competent attorney, leave out important information that affects their rights regarding important aspects of the divorce process, such as child custody, child support, division of property, and spousal support.

Litigation

When parties are unable to reach an agreement regarding some or all of these important issues, it may be necessary for them to go to court and have a judge make these decisions for them.

Litigation can be a long process and it is therefore important that you hire an attorney with the experience necessary to represent your best interests. We would be happy to meet with you to discuss your case and help you make informed decisions.

Frequently asked questions

Please Note:
This webpage is designed to give general information only and is not intended to answer all questions or problems arising from Family Law and Divorce matters. It is not meant to provide legal advice as each case is different. Further information may be obtained by calling Parker & Howes for a consultation. Feel free to call us anytime at (704) 871-0300 or  e-mail us at bmorris@parkerandhowes.com.