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Whether contested or uncontested, divorce cases can be extremely stressful.
Normally, the divorce itself is only contested if the parties do not agree
on a date of separation. The other issues related to separation and divorce, such as
custody, support, alimony, and property division, are more complicated and often
done separately from the divorce itself. At Hedahl & Radtke Family
Law Center, we provide experienced legal assistance for clients facing
these proceedings in Fayetteville, Fort Bragg, and Cumberland County.
Call our Fayetteville, NC divorce attorney today at (910) 684-3370 for more information on the services we offer in Fayetteville and throughout Cumberland County.
In the state of North Carolina, a couple may be divorced if they are separated for a period of one year and had the intent to end their marriage when they separated. If one or both of the spouses has also resided in the state for at least six months, the couple may seek an absolute divorce, which is legally binding. Residency requirements determine whether the North Carolina courts have jurisdiction over a specific divorce case, and our Fayetteville, NC divorce lawyer can help you determine where to file for divorce.
North Carolina also provides for a claim known as Divorce from Bed and Board, which is really a legal separation, not a dissolution of the marriage.
Furthermore, a spouse may have grounds for divorce from bed and board if the other spouse maliciously forces him or her to leave. It is not necessary, however, to file either a divorce or divorce from bed and board to be able to litigate issues of custody, support, alimony, and property division.
North Carolina is both a fault and no-fault state, meaning that married spouses may obtain a divorce based on one year's separation, regardless of fault.
Fault also is not typically a factor in custody, child support and property division issues; however, marital misconduct can be a factor in alimony cases.
At Hedahl & Radtke Family Law Center, our Fayetteville, NC divorce lawyer can diligently represent you throughout the legal separation or divorce process in North Carolina.
If possible, many couples anticipating divorce can settle their underlying issues such a custody, child support, alimony, or property division informally by having the two spouses discuss and agree on a settlement. The attorney will then prepare a legal contract called a Separation Agreement, which is a permanent resolution of those issues and which is binding and enforceable through the court.
For contested separations and divorces, however, other avenues may be followed to seek a resolution. Our Fayetteville, NC divorce lawyer has experience handling both contested and uncontested cases and can provide knowledgeable legal advice.
North Carolina is an equitable distribution state, which means that courts will divide property in a way that is fair to each spouse. However, there are some circumstances where equal distribution is unfair – if that’s the case with your divorce, the courts will divide your property in a just way.
The amount of time your divorce takes depends on how complex your case is. If your divorce is straightforward, it could be completed in as little as 90 days. However, it’s important to note that before you can file for divorce, you and your spouse must be legally separated for at least one year.
Contact us now to schedule a consultation with a Fayetteville divorce attorney!