Divorce is a process that no-married couple wishes to pass through, but unfortunately, it happens under various circumstances or reasons. The process is never easy and comes with a whole host of emotions and uncertainty. The good news is that you do not have to go through it alone.
Furthermore, because family law in Concord, North Carolina, is complex and vast, you need help from an experienced Concord divorce lawyer.
This is where we; at Waple & Houk Law come into the picture. We guide our clients through the whole process with compassion and understanding. We always look for the best interest of our clients and work to protect their legal rights.
Remember, when it comes to divorce, one must be ready for reasonable compromise and negotiations. With our family law legal services, we focus on these facts and ensure you get a fair or reasonable outcome.
However, just because we focus on reasonable compromise and negotiations, we never shy away from a legal fight. Our experienced family law lawyers are ready to fight for your rights in court if necessary.
As such, if you are looking for skilled and experienced legal representation in your divorce, contact our Waple & Houk family law attorneys in Concord, NC, for a confidential consultation. You can get in touch with us through (704) 480-3899.
Table of Contents
What Are The Grounds For Divorce In Concord?
North Carolina is a state that has two grounds for divorce, which are as follows:
Absolute is the first type of divorce in North Carolina and the most common. In fact, when people speak about divorce in Concord, they are mainly referring to Absolute Divorce. It refers to a complete and final end of a married, and it is accompanied by a court order known as the Decree of Divorce.
That is because it comes with others issues that must be addressed, like equitable distribution of property, child custody, alimony, and others.
One Year Separation
This is according to the North Carolina General Statute 50-6, which mentions that either spouse may be granted Absolute Divorce if married couples have been living separately for one year. According to this law, one of the spouses must be a resident of North Carolina for at least six months before filing an Absolute Divorce Complaint.
This is according to the North Carolina General Statute 50-5.1, which mentions that if the married couples have been living separately for three years because of one spouse’s incurable insanity, then the other may file for Absolute divorce.
Divorce from Bed and Board (A Mensa Et Thoro)
Although it has the name ‘Divorce’ in it, according to North Carolina General Statute 50-7, A Mensa Et Thoro is not an official divorce but instead, a decree by the court showing the partners have legally separated. This type comes with similar issues found in Absolute Divorce like child custody, alimony, etc.
The one difference is that when a court grants Divorce from Bed and Board, both parties are not yet legally allowed to remarry. They must first obtain an official Absolute Divorce order.
There are five reasons for Divorce from Bed and Board, which are:
- Barbaric or cruel treatment
- Desertion (turning out or abandonment)
- Drug abuse
What Is A No-Fault Divorce?
No-Fault divorce is a term used when couples are legally dissolving their marriage without offering any reasons for the split or dissolution. North Carolina allows No-fault Divorce, and it is commonly used in Absolute Divorce. The No-fault divorce process in North Carolina is straightforward.
What Is The Difference Between Legal And Physical Custody?
The term ‘Child Custody’ is often used to describe the rights a parent has over a child and the obligations regarding the child’s care. It is important to note that there are several types of child custody:
- Legal custody – This refers to a parent that can make legal decisions on matters related to a child such as schooling, medical care, religion, etc.
- Physical Custody – This refers to a parent who is legally allowed to have physical custody. In other words, live with the child and care for them.
Other terms include:
- Sole Custody
- Joint Legal Custody
- Joint Physical Custody
How Is Child Support Determined In North Carolina?
In North Carolina child support law, strict calculations come into play when determining child support based on Child Support Guidelines. As such, several factors must be considered like:
- The gross monthly income of a parent
- Work-related daycare or childcare expenses paid by the parent
- The premium for health insurance
- The extraordinary expenses paid on behalf of the child
How Is Property Split In The Divorce?
In NC, there are two ways in which a property can be split. The first is through negotiation and agreement with the other spouse. The second option is leaving it up to the court to decide. On the other hand, if you entered into; either a prenuptial or postnuptial agreement, the courts will abide by the agreement.
If left for the courts to decide, then the property will be split based on several equitable distribution factors like:
- Marriage duration
- Previous marriage support obligations
- Physical and mental health for both parties
- All direct and indirect contributions
- Liabilities, incomes, and the properties for each party
What Is Equitable Division, And How Does It Work?
Equitable distribution (also known as equitable division or division of property) is a legal term used for property division between spouses in a divorce. It is important to note that the team Equitable does not mean equal, but rather a fair division.
Therefore, how does it work? Before knowing this, it is important to know that North Carolina is not a community property state. As such, a judge will divide the property according to the equitable distribution method.
The whole process will generally involve three steps:
Separating Separate Property from Marital Property
The first step the court will do is characterize marital properties and separate properties. This characterization is important because separate properties are free from division.
According to N.C. Gen. Stat 50-20 (b)(1), marital property is any property accrued or gained during the marriage, up until the date of the separation. Therefore, the pensions, retirement benefits, and other deferred compensations rights you earned during the marriage fall under the marital property.
According to N.C. Gen. Stat. 50-20-(b)(2), separate property is any form of gain you earned before the marriage or after the separation. It covers anything intended to be personal or yours. Examples include gifts, inheritance, professional license, and anything gained by exchanging separate property.
Determining The Value Of Marital Property
This process involves assigning a fair market value for all the items. The court will use experienced appraisers and other experts to determine the value of the property.
The final step is the distribution of the property based on equitable distribution regulations.
What Happens To The House?
It will depend. For example, if the house is part of marital assets, it will be divided between the spouses, and this will happen if the court is tasked to decide. If the house is part of separate assets, it will not be divided but given to the rightful owner. The other option can be through an out-of-court agreement between the spouses.
How Long Does Divorce Take In Concord, NC?
A straightforward (simple divorce with no complications) will take anywhere from 45 days to 90 days. That is because in North Carolina, once a divorce is served to the spouse, there is a 30-day waiting period.
However, in divorce cases where spouses cannot agree or compromise, the whole process will drag on for longer (especially when it comes to child support or custody).
How Much Will a Concord Divorce Lawyer Cost?
Divorce lawyers charge hourly rates. It is difficult to land on an exact amount because it differs based on the individual lawyer(s), experience, and location. Contact our Waple & Houk divorce lawyers today through (704) 480-3899 and book a free consultation service.
Call Our Concord Divorce Lawyer Today and Get a Free No-Obligation Legal Consultation
We understand how difficult a divorce can be. This is why we offer free initial consultation services where you will meet with our divorce lawyer in private for a short discussion. During the consultation, we are happy to answer any questions you may have, and we will guide you through the whole process.