Divorce can be complicated and incredibly emotional, no matter the circumstances. Whether it’s hotly contested, amicable, or anything in between, you need an experienced Lincolnton divorce lawyer at your side to protect your rights, your assets, and your future.
The team at Caulder & Valentine have extensive experience advocating for the rights of Lincolnton clients and their families as they seek a fair and reasonable outcome in their divorce. We offer compassionate support and tenacious representation during this challenging transition period. Contact us today to schedule your confidential consultation to learn more.
Why You Need an Attorney for Your Lincolnton Divorce Case
It’s not uncommon to ask yourself, “Do I need a lawyer to get a divorce, or can I do it alone?” While you can seek divorce without legal representation, we strongly recommend against it for several reasons.
Simply figuring out how to get a divorce in North Carolina can be overwhelming, especially when emotions are high and your future is uncertain. Working with a respected Lincolnton divorce attorney as you seek a dissolution of marriage can make a tremendous difference in the outcome of your case. Your attorney can help in the following ways:
Protecting Your Legal Rights
Divorce cases must be handled with care and consideration, or they can result in the unnecessary forfeiture of rights and assets. Your divorce lawyer in Lincolnton can help you follow our state’s divorce procedure to the letter, avoiding missed deadlines and other critical errors so that your rights and assets are as protected as possible.
Offering Local Insight
Every court system handles divorces uniquely, and the Lincoln County court system is no exception. Working with an attorney who’s familiar with Lincoln County Courthouse, its major players, and the way they view divorce can give you a strategic edge, particularly in a contested divorce.
Providing Critical Support
Divorce is emotional, personal, and stressful. Your North Carolina divorce lawyer can not only provide sound legal guidance and tenacious representation but also a critical support system as you take on what may be an intense legal battle. When emotions run high, they can keep you level-headed and focused on the future.
Negotiating and Litigating
Having an experienced, knowledgeable, aggressive advocate in your corner as you negotiate the terms of your divorce can make all the difference. And if your case needs to go to court, you’ll be represented by a seasoned trial attorney with only your best interests in mind.
What Are the Differences Between Contested Divorce and Uncontested Divorce?
An uncontested divorce occurs when both spouses have already resolved all property and support issues. This form of divorce is generally quicker and less expensive. In addition, it usually doesn’t require going to court, except to have the judge sign off on the documentation.
A contested divorce usually involves disputes over distribution of property or payment of post-separation support and alimony, which are often resolved through mediation, negotiation, or court proceedings. This form of divorce often takes longer and can be both emotionally and financially draining. However, with the help of an experienced attorney who intimately understands the North Carolina divorce process, even a highly contested divorce can move more smoothly and achieve favorable outcomes.
It’s important to note that North Carolina is a no-fault divorce state. This means either spouse can file for divorce without proving the other spouse did something wrong. The only requirement is that the spouses remain separated for at least a year, prior to filing for divorce, with at least one spouse intending the separation to be permanent.
What Are Common Issues in Getting a Divorce?
Each divorce case is unique, but several common issues frequently arise, regardless of the circumstances. Those issues include the following:
Asset Division
Property division can often be a significant point of contention in a divorce, particularly in high-net-worth divorces where assets are both abundant and complex. We’ll fight for the equitable distribution of all assets, including real estate, valuables, businesses, retirement accounts, and bank accounts.
Spousal Support
Spousal support issues can significantly complicate a divorce case if not handled effectively. If post-separation support or alimony are issues in your divorce, we’ll help you work toward a favorable outcome.
Prenuptial Agreements
Prenuptial agreements can simplify divorce proceedings, but they still require scrutiny. An experienced North Carolina divorce attorney can review your prenup agreement to determine its validity and enforceability.
Child Custody
Determining where the children will live tends to be among the most emotionally charged aspects of any divorce involving parents. It’s our team’s job to prioritize the child’s best interests while fighting to protect your rights as a parent.
Visitation
The parent who doesn’t maintain custody is typically granted visitation rights. Establishing visitation schedules can frequently become a point of contention between spouses, but we have extensive experience in negotiating for a schedule that’s both fair and realistic.
Child Support
North Carolina law provides clear guidelines for determining child support. However, certain situations (like significant income discrepancies) can complicate matters. When that’s the case, we’ll protect your rights by accurately calculating and enforcing child support payments.
Parental Relocation
If one parent wants to move outside Lincoln County, this can significantly impact visitation and custody agreements. We can work toward a fair and practical resolution that prioritizes the child’s needs above all else.
School Choice
One parent may want their child in the Lincoln County school system, while another may prefer a private school like Lincoln Christian Academy. These disputes may require legal counsel to be effectively resolved so your child can receive the education they deserve.
Grandparent Rights
Custody and visitation agreements can also impact grandparents. While they’re not automatically granted these rights, they can seek them in court. When it’s in the child’s best interest, the court may grant visitation rights or custody to grandparents, and our attorneys will be happy to represent grandparents.
Parental Alienation
One parent attempting to turn their child against the other parent in a divorce is unfortunately common, and it’s also considered a form of abuse that can have a significant impact on custody decisions. Our attorneys know how to document, prove, and fight against this behavior to protect your rights and your child’s well-being.
What Property Distribution/Asset Division Issues Often Arise in a Divorce?
North Carolina follows an equitable distribution rule under which courts divide assets fairly rather than equally. Those assets include marital and divisible property, which generally includes all assets acquired during the marriage. However, inheritances and gifts from third parties are often treated as separate property. Potential issues arise in determining what is “fair” during asset division.
One often-disputed asset is the family home. Determining whether one spouse buys out the other for their family home, the house is sold, or they continue co-owning can be contentious and difficult. The same goes for businesses, which can be even more contentious when it comes to accurate valuation.
Are There Residential Requirements When Filing for a North Carolina Divorce?
Yes. Filing for divorce in North Carolina requires at least one spouse to have lived in the state for six months before filing. You and your spouse must also have been separated for at least one year. If you meet that criteria, you can go to the Clerk of Court’s office at the Lincoln County Courthouse to file for divorce in North Carolina.
Are There Factors of ‘Fault’ a Judge Could Consider in a North Carolina Divorce Judgment?
You don’t need to prove fault to file for divorce in North Carolina, but fault can absolutely play a role in spousal support or custody issues. The following circumstances can weigh heavily on the outcome of your case:
- Spousal cruelty
- Adultery/Infidelity
- Desertion/abandonment
- Drug/alcohol addiction
- Criminal matters
Whether you’re raising concerns about your spouse or defending yourself against accusations, our attorneys will help you gather and present evidence effectively so you can protect your rights.
What Would It Cost Me to Divorce?
How much does a divorce cost? The costs of a divorce vary from case to case, depending on how contentious the process will be, and whether additional time will be needed for evaluation of assets.
How Long Could It Take for My Divorce to Become Finalized?
How long does a divorce take? The answer varies based on what kind of divorce you’re seeking. Once filed, an uncontested divorce typically moves much quicker, with a finalization time of 45 to 90 days. Contested divorces have a far more ambiguous timeline, which can range from 6 to 18 months or even longer. It all depends on how long it takes to resolve your disputes and agree on terms.
Can I Have My Divorce Decree Modified?
Certain aspects of a divorce decree can be modified after the divorce is finalized. Those aspects include spousal support, child support, and child custody. Modifications can occur when circumstances change significantly, such as a parent losing their job or relocating, the supporting spouse experiencing a significant change in income, or the child’s needs changing.
Our attorneys can assist you in addressing post-divorce modification motions. Whether you want to enforce the existing order or modify it, we’re here to help.
Contact a Lincolnton Divorce Attorney Today
Separation only offers temporary relief from untenable relationship issues. When you know divorce is the answer, you need an experienced attorney at your side to protect your rights and fight for a fair outcome. The team at Caulder & Valentine proudly supports our Lincolnton clients as they look to secure a brighter future for themselves and their families. Contact us today for your confidential consultation.