Wesley Chapel Divorce Lawyer

Wesley Chapel Divorce Attorney

Divorce can be an emotionally and logistically difficult process, even when both parties are ready to move on. Separating finances and assets, deciding on child custody issues, and supporting your family through a huge transition can all be overwhelming. If you are facing a divorce in North Carolina, you should contact a Wesley Chapel, NC divorce lawyer for support.

Lehnhardt Price Family Law is here to support you through every step of your divorce, making the process as smooth and stress-free as possible. A trusted family attorney in Wesley Chapel can help guide you through this challenging time with care and expertise.

Grounds for Divorce in North Carolina

North Carolina is a no-fault divorce state, which means you can be granted a divorce without having to prove that one of you was at fault for the breakdown of the marriage. There are a few requirements for a divorce, though, including:

• Your separation has lasted at least one year (meaning you live apart in separate houses)
• At least one of you intended not to resume your marriage
• One of you has been a citizen of North Carolina for at least six months before filing

Absolve Divorce vs. Divorce from Bed and Board

Absolute Divorce

Absolute divorce is the full legal termination of a marriage. Since North Carolina is a no-fault divorce state, either spouse can obtain an absolute divorce without having to prove who was at fault. They must simply meet the separation and residency requirements.

Divorce From Bed and Board

A divorce from bed and board (DBB) is not actually a divorce. Rather, it is a fault-based legal separation based on certain martial misconduct. Grounds for DBB may include:

• Your spouse forced you out of your shared home.
• Your life was endangered by your spouse through physical abuse.
• Your spouse was doing or saying things that are making your life unbearable.
• Your spouse is excessively using drugs or alcohol.
• Your spouse engaged in adultery.

A DBB is relatively uncommon. If you are granted a divorce from bed and board, neither you nor your spouse is allowed to remarry. You both will have to wait one year before getting an absolute divorce before you can remarry.

Matters That Must Be Settled Upon Getting a Divorce

A divorce involves more than just the end of a marriage. Most divorces will need fairly major issues resolved, and these can be contentious topics.

Dividing Assets and Debts (Equitable Distribution)

One of the key parts of divorce proceedings is asset and debt division. This process can be contentious and time-consuming, especially if the amount of property accumulated during the marriage is extensive.

Assets that are subject to division upon a divorce may include:

• Real estate, such as the primary residence, vacation homes, and any income-producing properties
• Vehicles
• Bank accounts
• Retirement savings, such as pensions and 401ks
• Debts incurred during the marriage
• Savings and investment accounts
• Business interests
• Gifts exchanged between spouses unless otherwise specified

An attorney can identify all assets and debts subject to division. The process works to make attempt to ensure that sure both parties are providing full disclosure, as spouses may attempt to hide assets. Understanding the factors that influence property division in divorce can help you navigate the process more effectively. Exploring how courts approach equitable distribution can provide valuable insight.

Child Custody

North Carolina recognizes the legal and physical custody of children. Legal custody is the right and responsibility to make major decisions about a child’s life (such decisions may include educational decisions, religious decisions, non-emergency medical decisions, and the like), and physical custody outlines where the child lives. Both types can either be sole or joint.

When deciding on child custody, the court will always prioritize the best interests of the child. This is done by looking at:

• The child’s relationship with each parent
• The parent’s ability to provide care
• The child’s attachment to their home, school, and community
• The mental and physical health of everyone involved
• Whether there has been a history of domestic violence or drug and alcohol abuse

When going through a divorce, it’s important to figure out things like when your child will see each parent and who will make big decisions for them. Knowing what should be in a parenting plan can help make sure everything is fair for your child.

Child Support

Child support is meant to make sure both parents financially contribute to the well-being of their children. These obligations exist, regardless of whether parents share joint custody or one parent has primary custody. The parent with less physical custody will usually pay support to the parent with physical custody. However, the court will also look at the amount of income both parents have. It will then work to make sure both parents are contributing fairly. Most cases follow the North Carolina Child Support Guidelines, which include consideration of the following factors: number of children, number of overnights with each parent, whether either parent has children from a prior relationship or a prior child support obligation, the cost of work-related childcare for the children, the cost of the children’s portion of health insurance, and other extraordinary expenses, such as private school tuition.

Spousal Support

Spousal support, also called alimony, is awarded as either temporary (also referred to as postseparation support) or permanent support (also referred to as alimony). This is meant to help a spouse who is financially reliant on the other meet their reasonable needs and expenses, either during the divorce or for a period afterward. The court will weigh factors such as:

• Duration of the marriage
• Age and health of each spouse
• Income and earning capacity of each spouse
• Standard of living during the marriage
• Contributions to the other spouse’s education or career

There is no set formula, so the courts will have the discretion to determine the appropriate amount and how long the payments will be made.

Do I Need an Attorney for My Divorce?

Going through a divorce can be financially and emotionally taxing, and the appeal of moving forward without an attorney to save money is understandable. Representing yourself might appear to be a time-saving and simplified strategy at first, but having a legal professional on your side can be the right choice in the long term.

Divorce is more than just ending a marriage; it involves many complex issues to work through. An attorney can advocate for you and to make sure you receive a fair settlement. They are also there to help you navigate the complex legal process and avoid mistakes that could have long-lasting consequences.

FAQs About Wesley Chapel,NC Divorce Law

Is North Carolina a No-Fault Divorce State?

Yes, North Carolina is a no-fault divorce state, so you can get a divorce without having to prove that your spouse did anything wrong. The only requirements for a divorce in the state is that one spouse must have lived here for at least six months before filing, and you must have lived apart and in different homes for at least one year with at least once spouse having intended that the separation be permanent.

Is It Better to File for Divorce First in North Carolina?

No, it does not matter who file for divorce first in North Carolina, as it is a no-fault state. Filing first may provide some advantages, like allowing you to present your case first and choosing your preferred jurisdiction, however. We recommend discussing your situation with a divorce attorney, who can determine the most effective course of action.

How Long Does a Divorce Take in North Carolina?

Every divorce will have a different timeline, but the minimum time will always include a one-year separation period. After this, it will depend on the complexity of the case, what issues need to be addressed, and the court’s availability. However, there may be legal options available that could help shorten the process, depending on your situation. It’s worth exploring these options with a divorce lawyer to see if your case qualifies.

Do I Need a Lawyer for My Divorce?

While you are not legally required to have a lawyer for your divorce, it is highly recommended that you hire one. Even if you and your spouse agree on all terms, unexpected things do come up. There is also a lot of paperwork and deadlines, and not submitting accurate or timely documents could cause future problems.

Contact Lehnhardt Price Family Law

Lehnhardt Price Family Law offers comprehensive support for every aspect of divorce. We have the experience and resources to guide you through this emotional and stressful time. To learn more about how our law firm can assist you, reach out to us online today.