Getting a Divorce in North Carolina
Divorce under North Carolina law is a simple process-for those who have handled the required negotiations, paperwork, and appearances many times. However, if you are separated and preparing for divorce, it may be your first experience with the family courts. You may be getting varied advice on the question, "Do I need a lawyer for a divorce?"
Our answer, based on twenty-five years of handling family court matters in Mecklenburg and Union counties, is that you do need a lawyer-an experienced divorce lawyer-if you want to be sure your divorce is handled properly . We have seen numerous problems arise when dissolutions of marriage were handled by inexperienced lawyers or individuals themselves.
Do you want your divorce to proceed on schedule? It is not unusual for a person to get to court and find out that they cannot finalize their divorce, because a simple step such as service of summons was not properly done. Do you have plans to remarry? If you find you are not divorced as your wedding date approaches, only with the cooperation of your ex-spouse and a waiver of the right to amend can you get a "live divorce" that may allow your wedding to take place as scheduled.
A divorce attorney's services are a good investment: Do you have a separation agreement in place that includes terms of alimony, child custody, property settlement, and child support? If so, a lawyer's services for your divorce will be minimal, and will give you peace of mind that everything will be handled correctly. If you are filing for divorce without a separation agreement, you will lose the right to post separation support, alimony, and equitable distribution unless you also file claims concerning those issues.
Will you be relying on alimony or equitable distribution to survive after your divorce? Our attorneys have seen cases where a divorce became final and the dependent spouse had failed to properly file for alimony. At that point, the person is barred for life from claiming alimony. The same is true for equitable distribution of retirement accounts and other marital property.
Contact Our Family Lawyers in Matthews
If you are considering separation, are already separated, or are preparing for divorce, we urge you to speak with a family law attorney. If you would like to speak with a member of our firm, please call 704-321-8031 or e-mail our office in Matthews to schedule a consultation. Our divorce lawyers serve clients throughout Mecklenburg County and Union County. Our firm also assists businesses and individuals with transactions and litigation in other areas of law.