Everyone hopes to live happily ever after with their spouse after marriage. However, this isn’t always the case. Growing old together with your husband or wife may never happen for some of us. Your marriage may simply not work. People change.
If you’ve hit a dead-end in your marriage, it may be time to consider a divorce in Gastonia, North Carolina. Filing for divorce can be an overwhelming and unpleasant experience, especially if children are involved. You require the help of an experienced Gastonia divorce lawyer to guide you throughout this process.
The family law legal team at Waple & Houk, PLLC will protect and look out for your interests during your divorce in Gastonia. Call (704)954-8697 today to speak to a knowledgeable divorce attorney about your case. Let us help you to move on with your life smoothly.
What are the Grounds for Divorce in North Carolina?
To be eligible to file for divorce in Gastonia, you and your spouse must have lived in North Carolina for at least six months. It doesn’t matter whether you and your spouse got married in another state or within North Carolina. Courts in North Carolina must have jurisdiction over your case to grant a divorce.
In North Carolina, either spouse can file for divorce. You aren’t required to prove that your spouse did anything since North Carolina is a no-fault state.
There are two grounds that spouses can use to file for divorce in North Carolina:
Separation
You can file for an absolute divorce in Gastonia if you and your spouse have lived separately for a year.
Incurable Insanity
For this ground to be enforceable, you and your spouse must have been separated for three consecutive years.
What Is a No-Fault Divorce?
In North Carolina, spouses can file for a no-fault divorce. Here, you don’t have to prove your spouse’s conduct is to blame for your divorce. You must have resided in Gastonia, NC, for at least six months to be eligible to file for a no-fault divorce.
What Is the Difference between Legal and Physical Custody?
Generally, people think custody only applies to where children live. Custody in North Carolina involves two main aspects:
Physical Custody
This applies when a parent has the right to live with their children after a divorce. This type of custody can be joint custody or it can be awarded to one parent.
Legal Custody
Here, a parent has the right to participate in decision-making regarding their child’s welfare. This may include the child’s medical care, school, and religion.
How Is Child Support Determined?
In North Carolina, both parents must provide child support payments until the child’s 18th birthday or until they graduate high school. According to North Carolina Child Support Guidelines, child support in Gastonia is calculated according to the type of custody: primary, joint (shared), or split custody.
Child support payments in North Carolina are based on the income shares model. Parents’ salaries, investment incomes, self-employment wages, and any other source of income must be considered when calculating child support. By speaking to an experienced Gastonia divorce lawyer at Waple & Houk, PLLC, you can know what to expect regarding your child support based on your specific circumstances.
How Will Property Be Split in the Divorce?
The state of North Carolina applies the equitable distribution method when splitting property during divorce. NC isn’t a community property state. Judges will divide marital and divisible property during a divorce in a fair manner to each spouse.
Various factors will be considered when splitting assets in Gastonia, NC:
- The duration of the marriage
- Age and health of spouses
- Income, liabilities, and assets of both spouses
- Each spouse’s contribution to marital property
- Tax consequences
- Liquidity of the property
What Is Equitable Division and How Does It Work?
Equitable division in North Carolina doesn’t mean a 50/50 split. It implies that the court will fairly decide how to distribute your assets and debts during your divorce. An equitable division must be just, regardless of how unbalanced it is.
Once you request for an equitable division of your property, a judge will identify and classify your marital property, provide an assessment of the value of the marital estate, and rule on the distribution of assets and debts.
What Happens to the House?
Marital and divisible properties are usually considered during the division of assets in Gastonia, North Carolina. If you have a family house that you built or bought during the course of your marriage, it will be considered during equitable distribution.
However, if the house is part of separate property, it isn’t divided during divorce. Separate property describes any assets or debts that spouses had before marriage.
How Long Does a Divorce Take?
The waiting period for a divorce in North Carolina is a minimum of 30 days. This is the period between when the divorce papers are filed to the court’s decree granting a divorce. This applies to an uncontested divorce. A spouse must respond to the divorce case within 30 days.
Factors such as child custody and child support may affect how long your divorce proceedings last. Generally, divorce proceedings last 45-90 days.
How Much Will a Divorce Lawyer Cost?
To file for an absolute/uncontested divorce in Gastonia, North Carolina, you’ll have to pay a filing fee of $ 225. You’ll also be required to pay this fee for a contested divorce. Other costs that may come up include a $30 fee for a sheriff to serve your spouse the divorce papers or $7 for sending the papers through the mail. The cost of hiring a reliable Gastonia divorce attorney may range from $100-300 per hour in North Carolina.
Gastonia Divorce Attorneys: Get Legal Help And Representation Now
North Carolina’s family law can be complicated. You don’t have to stress yourself out trying to understand the law during your divorce. Hiring a reputable divorce lawyer in Gastonia to handle your divorce case is your best option.
Call (704)954-8697 to speak to our attorneys about the facts of your case. We are ready to answer any questions that you may have regarding your divorce, division of property, child custody, child support, and spousal support. Call to schedule your case evaluation today.
