Divorces can get complicated, especially when it is a contested divorce. But, there is no reason you should be alone during a difficult divorce if you can get a Mooresville divorce lawyer. At Waple & Houk, PLLC, we help our clients through legal separation with compassion because we understand that it can be a challenging time.
We keep our clients’ best interests at heart while aggressively fighting for their rights. Our family law attorneys handle various divorce disputes, including alimony, child support, distribution of property, and child custody.
If you need help with your Mooresville divorce, do not hesitate to call Waple & Houk, PLLC at (704)954-8697.
What Are The Grounds For Divorce In Mooresville, NC?
The following situation constitutes the grounds for divorce in North Carolina:
Incurable insanity
You may be eligible for a divorce in Mooresville on incurable insanity grounds if you and your partner have lived apart from each other for not less than three years. Under North Carolina law, incurable insanity means that you or your partner was either institutionalized or adjudged insane within the three years.
In addition, at least two physicians must testify that the spouse’s insanity cannot be treated. One of the medical providers who provide this testimony must be a state psychiatrist from one of North Carolina’s four-year medical schools.
One-year separation
If you and your significant other have lived separately for not less than a year, you may qualify for a North Carolina divorce. Note that merely living in separate quarters or bedrooms in the house would not count. In North Carolina, if you reconcile or continue marital relations with your partner, the one-year period will restart.
The date your separation begins is vital because it signifies the start of the one year for filing for a divorce. It can also serve as the date used to put a value on your marital property during the distribution of assets and debts.
In addition, one of you must have established residency in North Carolina for not less than six months before filing for divorce.
What Is A No-fault Divorce?
A no-fault divorce means that you and your ex don’t need to prove marital fault. Being a no-fault state, in order to obtain an absolute divorce spouses do not need to prove marital misconduct like:
- Cruel and abusive behavior
- Adultery
- Habitual drunkenness
You only need to establish one of two grounds for divorce: incurable insanity and one-year separation.
What Is The Difference Between Legal And Physical Custody?
Legal custody of a child refers to the crucial decisions regarding the child’s education, health care, and welfare. When you have legal custody of a child, it means you have a say in the child’s upbringing. You get a voice on which doctor, church, or school they attend.
Primary custody refers to the location of the child’s residence. When one custodial parent is granted sole physical custody (primary custody), the other non-custodial parent is given secondary custody or visitation rights unless it is not in the child’s best interest. Spouses can have joint physical custody of the child or spend equal time living with either parent.
How Is Child Support Determined In Mooresville, NC?
The North Carolina Child Support Guidelines are used as a basis for determining and settling a majority of child support cases. However, these guidelines only apply to cases where the combined income for both spouses is less than $25,000/month.
The North Carolina Child Support Guidelines calculate your child support through child support worksheets. The number of overnight stays with your child will determine which worksheet you can apply for:
- Worksheet A is applicable when one parent has 243 or more overnight stays in one year.
- Worksheet B is applicable when either parent has spent less than 123 nights per year with the child.
- Worksheet C is relevant when one spouse has primary custody of one child, and the other spouse has primary custody of the other child, i.e., split custody.
To complete these worksheets and get an estimate of your child support obligation, you will need the following information:
- Number of other children
- Number of minor children
- Health Insurance Premium Costs
- Work-Related Child Care Costs (paid by a parent due to employment)
- Income information for both parties
- Pre-existing child support payments
- Extraordinary Expenses (reasonable, necessary, and in child’s best interest, e.g., private or special school).
How Will The Property Be Split In The Divorce?
In North Carolina, the court must first classify whether your property is divisible, marital, or separate. The court must make these distinctions before dividing your property because ‘separate’ property is free from distribution.
- Marital property refers to property earned by the couple up to the point of separation.
- Divisible property refers to property that one or both parties acquired during marriage but was unaware of until after separation.
- Separate property is any property that you gain before marriage or after separation.
The court will consider the following factors when splitting marital and divisible property equitably:
- The income, assets, and liabilities of both spouses
- The ages and health of both spouses
- The liquidity of the marital property
- The length of the marriage, and
- Each spouse’s contribution to the marital property
What Is Equitable Division, And How Does It Work?
There are two options for dividing property in every state; community property division and equitable division. Being an equitable property state, judges in North Carolina will use the equitable distribution method to divide the property.
This means that the court will distribute your property in a just and fair manner to both parties.
What Happens To The House?
The court can order the sale of the marital home and divide the proceeds. Alternatively, the court can allow the custodial parent to stay in the house until the child or children have graduated high school and then sell the home.
Generally, the factors that impact equitable distribution will determine what happens to the house.
How Long Will My Divorce Take?
The divorce process may be quite long. Remember that couples can only file for a divorce after being separated for a year. On top of that, the case can drag on for more than 18 months, depending on whether the case goes to trial.
How Much Will A Divorce Lawyer Cost?
Generally, divorce lawyers are paid at an hourly rate ranging from $100 – $300. Contact our Mooresville divorce lawyers to learn more about our fees in a confidential consultation.
Contact Our Mooresville Divorce Lawyer Today for Help Understanding the Divorce Process
Do you need to file for a divorce? Are you having a hard time understanding your rights and obligations? At Waple & Houk, PLLC, our Mooresville family law attorneys can help you out.
You can rely on our skilled and experienced legal team if you have issues concerning property division, child support, custody rights, alimony, visitation rights, or any other divorce issue.
Call us at (704)954-8697 today to discuss your Mooresville divorce case with one of our divorce lawyers.
