Are you considering how to obtain a divorce in North Carolina? If so, you likely have many related questions, such as “How much does a divorce cost?” “What will happen to my assets, my kids, and my finances?” “Do I need a lawyer to get a divorce?”
At Caulder & Valentine, our Shelby divorce lawyers are here to provide the answers and guidance you need to make informed decisions and handle your divorce with confidence. We can help you understand how to file/apply for divorce in North Carolina, the requirements you’ll need to meet, and how the choices you make now could impact your future.
If you’re ready to discuss your divorce case with an attentive and compassionate divorce lawyer in Shelby, contact us now to set up your initial consultation session.
Why You Need an Attorney for Your Shelby Divorce Case
Divorce can affect your finances, your time with your children, and your future. When so much is at stake, you need a legal professional on your side who understands local court procedures and North Carolina law.
A Shelby divorce attorney can help you plan for what matters most and protect your peace of mind. With the right legal guidance, you don’t have to figure out what forms to file or how to respond to your spouse’s demands. Your lawyer can guide you through each step, help you avoid common mistakes, and speak for you in court when necessary.
A North Carolina divorce lawyer can also step in if your spouse refuses to cooperate or tries to take advantage of the situation. If your case involves complex issues like child custody, business ownership, or spousal support, it can quickly become difficult to manage. A trusted Shelby divorce lawyer can give you the clear direction and reliable help you need during a stressful time.
What Are the Differences Between Contested Divorce and Uncontested Divorce?
North Carolina law allows two types of divorce: absolute divorce and divorce from bed and board. An absolute divorce ends a marriage, whereas a divorce from bed and board is a legal separation with court orders but without a complete dissolution of the marriage.
North Carolina follows a no-fault divorce system, which means you don’t have to prove your spouse did anything wrong to file for divorce. Still, these cases can be either contested or uncontested. In an uncontested divorce, both spouses agree on key issues like custody, support, and property. In a contested divorce, they don’t, and these disagreements often require court hearings.
Divorce can take on a very different form depending on your specific situation. For example, cases with children involve many extra steps, and high-net-worth divorces often involve complex asset valuations and lengthy negotiations. An attorney who understands these differences can help you protect your interests and avoid unexpected problems.
What Are Common Issues in Getting a Divorce?
Even when both spouses agree that ending their marriage is the right decision, they often still face difficult decisions about money, property, and children. These decisions can shape a family’s future, so it’s important to understand what types of issues can come up during the process, such as the following:
- Child Custody – One or both parents may want primary custody, but courts will consider what is best for the children when deciding where they will live.
- Visitation – Parents who don’t have custody usually still have the right to spend time with their children. Visitation can follow a set schedule or remain flexible based on the situation.
- Child Support – Some parents might need to make regular payments to help cover the costs of their children’s basic needs, including food, clothing, housing, and healthcare.
- Parental Relocation – If one parent wishes to relocate to a new city or state with their children, the other parent may disagree, which could lead to a custody dispute.
- School Choice – Parents sometimes argue over which schools their children should attend, especially if they have different views on public vs. private education or school location.
- Spousal Support – In some divorces, one spouse may ask the court to grant financial assistance during or after the separation to help manage living expenses.
- Grandparent Rights – Grandparents who want to stay involved in their grandchildren’s lives sometimes ask the court for explicit permission to spend time with them.
- Prenuptial Agreements – If a couple signed a prenup before marriage, that document could affect how the court divides property or handles support.
- Asset Division – Courts split marital property based on state law. The division process includes everything from homes and cars to bank accounts, debts, and retirement plans.
- Parental Alienation – In some cases, one parent tries to turn their children against the other parent, which can harm parent-child relationships and influence custody decisions.
What Property Distribution/Asset Division Issues Often Arise in a Divorce?
In a North Carolina divorce, courts divide marital property fairly but not always equally. During divorce, you and your spouse might disagree on what counts as “marital” property and what each person owned separately before the marriage.
You may also encounter issues such as hidden assets, disputes over the value of certain assets, or disagreements about who should remain in the house. One spouse might feel they deserve more because they handled most of the finances or raised the kids. If either person owned a business or received large gifts or inheritances, the court might need to dig even deeper.
These issues can delay your divorce or lead to costly mistakes without the right guidance. A lawyer can help you document what you own and what you need and argue for a fair result on your behalf.
Are There Residential Requirements When Filing for a North Carolina Divorce?
Yes. Before you can file for divorce in North Carolina, at least one spouse must have lived in the state for six months or longer.
In addition to meeting the residency requirement, you and your spouse must live apart for at least one full year with the intent to stay separated for an absolute divorce. Living in the same house but sleeping in different rooms does not count. If you move back in together during the separation period, the clock restarts.
The purpose of these rules is to confirm that the marriage is truly over and that the court has the right to handle your case.
Are There Factors of ’Fault’ a Judge Could Consider in a North Carolina Judgment?
Even though North Carolina is a no-fault divorce state, judges may still consider fault in some parts of a divorce case. The following factors can influence the court’s decisions about things like alimony, temporary relief, or who gets to stay in the marital home:
- Spousal Cruelty – A judge might look at evidence that one spouse acted violently or made threats that put the other spouse’s safety at risk.
- Adultery/Infidelity – If one spouse had a sexual relationship outside the marriage, that could affect spousal support, especially if the affair involved spending shared money.
- Desertion/Abandonment – If one spouse walks out and refuses to return or provide support, their behavior could influence both property division and alimony in divorce.
- Drug or Alcohol Addiction – Ongoing substance abuse might lead the court to limit custody or visitation, especially if it causes harm to the children or the other spouse.
- Criminal Matters – If one spouse faces serious criminal charges or has a conviction on their record, a judge will likely consider how their behavior affected the family.
How Long Could It Take for My Divorce to Become Finalized?
If you’re wondering, “How long does a divorce take in North Carolina?,” you should know that the answer depends on the facts of your case. The North Carolina divorce process starts with filing a complaint in the right court. Before that, you must have lived apart from your spouse for at least one year. Once you file, the divorce procedure in North Carolina requires a 30-day waiting period after your spouse receives the paperwork.
If no disputes arise, the court can finalize your divorce shortly after the 30-day waiting period has ended. However, if you and your spouse disagree about custody, property, or any other relevant factors, the case will take longer. These disputes don’t stop the court from granting the divorce, but they can delay other parts of the process. If your case is contested, the timeline could last several months or even longer.
A divorce lawyer can help you keep things on track and avoid unnecessary delays.
Can I Have My Divorce Decree Modified?
You can’t change a divorce itself once it’s finalized, but you can ask the court to modify certain parts of a divorce agreement. In North Carolina, you can request changes to child custody, visitation, child support, or spousal support orders if your situation changes. The change must be substantial, and you must provide evidence. The court won’t reopen a case just because you’re unhappy with the outcome.
If you and your ex agree on the change, you can file a joint motion. If not, you’ll have to go to court and explain why a change is necessary. An attorney can help you determine whether you qualify for a modification and, if so, what paperwork you’ll need to file.
Contact a Shelby Divorce Attorney Today
If you’re going through a divorce or dealing with another family law issue in Shelby, contact Caulder & Valentine today to get started with your initial consultation. Our North Carolina divorce attorneys will listen to your concerns, answer your questions, and help you explore your legal options.