Divorce is an emotionally complex process for all parties involved. Each family’s situation is unique, and you deserve reliable, trusted counsel to fight for the fairest outcome for you and your children.
The Gastonia divorce attorneys of Caulder & Valentine are here to support you through every step of how to get a divorce in North Carolina. We focus on cases in Cleveland, Lincoln, and Gaston counties and take a solutions-focused approach to contested and uncontested divorces, high-net-worth divorces, and divorces involving children. Contact us today to schedule a confidential consultation.
Why You Need an Attorney for Your Gastonia Divorce Case
A common question we’re asked is, “Do I need a lawyer to get a divorce?” The spouses do not need to have attorneys. However, it is far from easy to navigate the complexities of the divorce procedure in North Carolina on your own.
We recommend hiring a divorce lawyer in Gastonia who you can trust and who understands the relevant court procedures, the strict filing requirements, and the rights you have in the North Carolina divorce process. The right legal team can guide you with compassion and integrity while fighting with tenacity for your parental rights and financial future.
What Are the Differences Between Contested Divorce and Non-Contested Divorce?
There are two types of divorce in North Carolina that operate on the same underlying principles: contested and uncontested. The difference lies in whether the spouses agree on the terms to follow after the dissolution of their marriage.
In an uncontested divorce, the spouses agree on all terms, including property division, child custody, visitation, and support arrangements. These divorces are less expensive to pursue and go through the court system more quickly. In many cases, the couple negotiates a fair settlement outside of court.
In a contested divorce, the spouses disagree on one or more issues, and the court must intervene for a fair resolution. These cases take longer, and the underlying procedures can be more complex.
North Carolina is a no-fault divorce state. This means you don’t need to prove your spouse wronged you to pursue a divorce. However, to be eligible to file, you must live separately from your spouse for at least one year and one day, with the intent for the separation to be permanent. You can prove you are separated from your spouse by testifying under oath or through physical documentation such as a valid separation agreement.
What Are Common Issues in Getting a Divorce?
Many divorces in North Carolina involve interconnected legal issues such as the following:
If you have children with your spouse, the court must determine their living arrangements moving forward and allocate decision-making power to each parent. Custody arrangements must always be in the best interest of the children.
Both parents should have a role in their children’s lives whenever possible. The court should set a schedule for the non-custodial parent to spend time with their children.
The court may require non-custodial parents to pay a share of the child’s monthly expenses. Child support is subject to strict guidelines that take into account each parent’s income and other financial circumstances.
When a custodial parent wishes to relocate with their children, the custody and visitation arrangements for the other parent will be affected. This can lead to a legal dispute.
Custody agreements often include decisions about where children should attend school. A change in schooling can impact a child’s academic opportunities, extracurricular activities, and social life outside the home.
Alimony is regular financial support from one spouse to the other after a divorce. Some couples agree to it voluntarily, but in other situations, the court may order it to help a dependent spouse maintain their standard of living. However, if a dependent spouse was involved in adultery or illicit sexual behavior, they cannot be granted alimony.
Grandparents don’t automatically have visitation or custody rights after a divorce, but they can pursue them by filing a motion to intervene. This is particularly the case if both parents are deemed unfit or have waived their right to custody.
A prenuptial agreement can make divorce proceedings simpler or more complicated, depending on how thoroughly they address support and asset division issues.
In a contested divorce, spouses may disagree about who should hold and control what assets after the split.
Unfortunately, in more bitter divorces, one parent may try to damage their children’s relationship with the other parent. North Carolina courts take alienating behavior seriously and must act to protect the children’s best interests.
What Property Distribution/Asset Division Issues Often Arise in a Divorce?
North Carolina uses an equitable distribution system for divorce proceedings. Many divorce judgments do not result in an even 50/50 property split. Instead, the court must ensure marital assets and property are divided fairly between the spouses based on the following factors:
- The spouses’ incomes
- The length of time the spouses were married
- Contributions the spouses made to marital property
- Each spouse’s future financial needs
Some of the property issues our North Carolina divorce lawyers can help with include the following:
- Classification Issues – Property you inherited or acquired before the marriage may not be subject to equitable distribution. We can help you determine whether a specific property qualifies as marital or separate.
- Valuation Issues – Some divorces involve family businesses, professional practices, retirement accounts, or other unique investments. We can help value these assets, protect your livelihood, and pursue a fair share when necessary.
- Debt Division Issues – Debts, such as mortgages, business loans, and credit card balances, are also subject to division in a divorce. An unfair division of debt could leave one spouse financially vulnerable or overburdened.
- Complex Asset Issues – Your North Carolina divorce attorney can help you understand how divorce courts treat more complex assets, such as stock options or intellectual property rights.
- Concealment or Destruction – In a contested divorce, spouses may destroy, restructure, or hide marital assets to make them harder to distribute. Your legal team can spot concealment and fight for accountability.
Are There Residential Requirements When Filing for a North Carolina Divorce?
Yes, North Carolina has some residential requirements for filing for divorce. This ensures that the state has proper jurisdiction over the proceedings. For an absolute divorce, one of the spouses must have lived in the state for six months before filing. Both spouses must live separately for one year and one day, and at least one must intend the separation to be permanent.
Are There Factors of ‘Fault’ a Judge Could Consider in a North Carolina Judgment?
Even though North Carolina is a no-fault divorce state, issues of marital misconduct can still factor into the proceedings. Some examples of marital misconduct include:
- Spousal Cruelty – This factor includes physical or emotional abuse by one of the spouses.
- Adultery or Infidelity – It’s considered misconduct for a spouse to commit adultery or engage in illicit sexual activity outside the marriage.
- Desertion or Abandonment – A spouse who leaves the marital home without justification, warning, or consent may be liable for misconduct.
- Drug/Alcohol Addiction – Courts must determine how substance abuse by either spouse harmed the marriage and overall family dynamic.
- Criminal Matters – By law, marital misconduct is present when the spouses are separated involuntarily due to incarceration or otherwise as a consequence of a crime.
If a judge finds that any of these factors were present in the marriage, it can affect their decisions on alimony, property division, or child custody.
In particularly severe cases, the court may issue an order called a divorce from bed and board (DBB.) A DBB requires the spouses to live separately, but they cannot remarry until they have been separated for one year and secure an absolute divorce.
How Long Could It Take for My Divorce to Become Finalized?
A few other questions clients often ask us are “How long does a divorce take?” and “How much does a divorce cost?” Ultimately, there is no set answer to either question. The only consistent period is North Carolina’s mandatory one-year separation requirement, which applies to all divorces, regardless of complexity.
Uncontested divorces are less expensive and tend to move more quickly because they don’t require much court intervention. If the spouses agree on all major issues after the divorce, they may receive a divorce judgment within 45 to 90 days after filing.
A contested divorce will cost more and take significantly longer, from several months to even a few years. The time to finalize them depends on a number of factors, including the following:
- The complexity of the custody, asset division, or support disputes
- Court scheduling
- Changes in the couple’s willingness to negotiate over time
Can I Have My Divorce Decree Modified?
Some terms in a divorce decree are modifiable, while others are permanent. For example, child support and custody orders can change depending on the children’s circumstances, the parents’ income, or the relocation of a parent. Asset division orders are generally final and cannot be changed.
When it comes to alimony, you should refer to the terms of the original arrangement. Sometimes, a spouse can ask the court for a modification or termination if the recipient’s circumstances have changed substantially. In other cases, such as lump-sum payment arrangements, you probably won’t be able to make changes.
