North Carolina Divorce Lawyer Serving Clients in Waxhaw
Making the decision to file for divorce in North Carolina is never easy. Even when you anticipate that you and your spouse will agree about the division of marital property and matters pertaining to child custody and support, divorce still can be emotionally taxing. When spouses cannot agree and divorce issues become contentious, the divorce process can feel particularly overwhelming. That’s why you need an experienced Waxhaw, NC, divorce attorney on your side to advocate for your rights throughout the divorce process.
The dedicated family lawyers at Perry, Bundy, Plyler & Long, LLP in Monroe, North Carolina can answer any questions you might have about the divorce process. We can even get started on your case today.
Types of Divorce Issues We Handle for Clients in Waxhaw, North Carolina
Many different legal issues can arise in a divorce case. Chapter 50 of the North Carolina General Statutes governs many issues pertaining to divorce, alimony, and child support. At Perry, Bundy, Plyler & Long, LLP, we assist families with numerous matters pertaining to divorce, including but not limited to the following:
- Filing for divorce
- Requirements for absolute divorce
- Property division
- Child custody
- Child support
Understanding Absolute Divorce in North Carolina
“Absolute divorce” is the term used under North Carolina law to describe the termination of a legal marriage. Absolute divorce is possible only if one of the following is true:
- You have been separated from your spouse for at least one year; or
- One spouse suffers from incurable insanity.
The first step in getting a divorce in Waxhaw, NC, is filing a divorce complaint. You do not have to have a separation agreement in place, and you do not have to show any other grounds for divorce other than the fact that you have been living separately and apart from your spouse for at least one year.
A “Divorce from Bed and Board” is distinct from an absolute divorce in North Carolina. A Divorce from Bed and Board, or DBB, is the term courts use to refer to a court-ordered separation. It is not a step required in any divorce. Even with a DBB in place, the parties still must be separated for at least one year before filing for divorce.
Equitable Distribution and Property Division
In North Carolina law, all marital property is divided based on a theory known as equitable distribution. The court looks at a number of different factors to determine the best way to divide marital property in a way that is fair to both parties. While equitable distribution can, on occasion, result in equal distribution, it is essential to understand that equitable does not mean equal. Rather, it means a fair distribution to both parties.
Marital property typically includes all property acquired after the date of marriage unless one of the following is true:
- Property is classified as separate or non-marital property through a valid prenuptial agreement.
- The property was an inheritance by only one of the spouses.
- The property was a gift given to only one of the spouses.
- The property was acquired through the sale or exchange of non-marital or separate property.
Most properties acquired prior to the date of marriage is not divisible because it is classified as separate or non-marital property.
Contact a Waxhaw Divorce Lawyer
Do you have questions about divorce, or do you need help with your divorce case? An experienced Waxhaw divorce lawyer at Perry, Bundy, Plyler & Long, LLP can assist you. Contact us today for more information or call us at: (704)741-5804.
With over 110 years of combined legal experience, you can trust your case with us.
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