Marriage is a lovely thing, especially when it’s between two people who love each other. However, marriage is not always so rosy; sometimes, they end in permanent separation. When this happens, what usually ensues is a court battle between the spouses to fight for child custody, equal distribution of marital property, alimony, and child support.
Handling a divorce can be complicated for someone without the knowledge and skills. That is why you should get hold of an attorney who deals in family matters to help you get a divorce and fight for your rights. At Waple & Houk, PLLC, we have competent Monroe divorce lawyers ready to assist you with your divorce case. Whether you want an absolute divorce or a legal separation, we can get it for you.
What Are The Grounds For Divorce In Monroe, NC?
Typically, there are two types of divorce in North Carolina; Absolute divorce and Divorce From Bed and Board (A Mensa Et Thoro).
In Absolute divorce, the separation is complete and final and is accompanied by a Decree of Divorce. North Carolina only has two grounds for absolute divorce:
A married couple may get an absolute divorce on the grounds of incurable insanity if they have stayed apart for three years due to one spouse’s incurable insanity. To prove insanity, though, two doctors need to make expert testimonies. Also, one of the doctors must be a North Carolina psychiatrist from the state’s four-year medical schools.
Separation for one year
If a married couple has lived apart for one year, they may be granted absolute divorce provided one of the spouses has been a North Carolina resident for the six months before filing for divorce.
Divorce From Bed and Board
This type of divorce is not official. It is more of a legal separation. The spouses are not allowed to remarry unless they obtain an absolute divorce to end the marriage officially. Grounds for this kind of divorce include:
- Desertion: Divorce From Bed and Board can be granted when one spouse abandons the family without justification or consent from their significant other.
- Barbarous Treatment: You can receive a Divorce from Bed and Board when your spouse behaves in a way that endangers your life.
- Drug Abuse: You can obtain a Divorce from Bed and Board on the ground that your living conditions are intolerable because of your spouse’s drug or excessive alcohol abuse.
- Adultery: If you can be able to prove that your significant other is being adulterous, the court can grant you a Divorce from Bed and Board on this ground.
- Indignities: If your partner subjects you to actions that render your condition and life intolerable, like constant verbal abuse, acts of humiliation, etc., you can file for a Divorce from Bed and Board.
What Is A No-fault Divorce?
A no-fault divorce revolves around irreconcilable differences. In other words, in a no-fault divorce, the dissolution of a marriage does not require you to show or prove any wrongdoing by either party. The courts will not consider any misconduct on the part of either spouse when deciding whether to grant a divorce.
How Is Physical Custody Different From Legal Custody?
Legal custody refers to a situation where the parents are responsible for making important decisions that will impact their kid’s life, like where they go to school, whether they need counseling, and when they go to a doctor.
Physical custody revolves around where the child or children will live.
How Is Child Support Determined?
Child support calculations in North Carolina take the following factors into account:
Number of overnight stays
Your custody arrangement directly affects your child support obligation. The number of times the child or children spend the night with each parent will be used to compute child support.
Monthly income for both parties
Both parents’ gross incomes are used in accordance with state guidelines. Income can be from any source, including self-employment income, rental property income, pension, ownership interest in a business, salary, wages, workers’ compensation benefits, gifts, alimony, etc.
Pre-existing child support
If you or your spouse is currently paying child support for another child, those child support obligations will be part of your respective calculations.
Work-related child care costs
Child support calculation includes work-related child care expenses like the cost of babysitters, daycare, nannies, and campouts.
Health insurance and health care
The child’s or children’s health premiums can be included in the couple’s child support obligation and distributed between the parents depending on their respective income.
Other extraordinary expenses
Computation for child support must take into account extraordinary expenses such as travel and educational expenses. Travel expenses may include mileage costs for visitation journeys. Educational expenses may include costs for private schooling or special education.
How Will The Court Split Property In The Divorce?
There are two methods of dividing property during divorces; community property division and equitable property division. Being an equitable property state, judges in North Carolina will divide your marital property in a way that is fair to each party according to the equitable property distribution method.
What Is Equitable Division, And How Does It Work?
Equitable division is a property distribution method used during divorces. All American states save for Idaho, Nevada, Arizona, California, New Mexico, Texas, Washington, Louisiana, and Wisconsin.
If a divorcing couple can’t negotiate a settlement on a property, a court will apply the equitable distribution laws. Equitable distribution of property only applies to property acquired jointly in marriage. Gifts are considered marital property hence are subject to equitable division laws. Finally, equitable division does not mean a court will divide marital property equally. Instead, the court will distribute the property as fairly as possible.
What Happens To The House?
During a divorce, the decision for which spouse gets the marital home will hinge on whether it’s a joint property or if there are children involved. Usually, if there are no children involved and a judge determines that the house is one spouse’s separate property, the spouse who owns it. But, if there are children involved, the marital home will go to the children’s primary caregiver until they leave the house.
How Long Will My Divorce Take?
The whole divorce process may take quite a long time because couples need to stay apart for one year before filing for an absolute divorce. Additionally, either spouse must live in North Carolina for at least six months prior to filing for divorce.
How Much Will A Divorce Lawyer Cost?
In North Carolina, divorce lawyers charge a minimum of $230 per hour and a maximum of $280 per hour. Unlike personal injury lawyers, divorce attorneys do not take cases on contingency. However, our Monroe divorce lawyers are available 24 hours a day, 7 days a week for legal consultations regarding your divorce or child support case.
Call Our Monroe Divorce Lawyers Today for a Consultation
Do you need help with your divorce? Are you having trouble calculating your child support and alimony? If you need someone to fight for child custody and equitable property division, the experienced and compassionate divorce attorneys at Waple & Houk, PLLC have got you covered. We offer quality representation for divorce cases in Monroe and all over North Carolina.