From a legal standpoint, getting a divorce is generally quite simple. Because of this, many people think they can forego hiring a divorce attorney to assist them. However, unless you and your former spouse agree on everything, legal counsel will be helpful. Children, money and other property are all issues that can complicate an otherwise straightforward divorce.

At The Khan Law Offices, PLLC, our family law attorneys in Monroe have decades of experience representing clients in divorce cases in Union County and beyond. We draw on extensive knowledge of North Carolina family law to provide diligent, effective representation through all aspects of divorce. If you’re not ready to pursue a divorce, we can also help you explore a separation agreement.

There are two types of divorce in North Carolina, but only one of them is regularly used:

• Absolute divorce: This type requires proving that you have been separated for more than one year. You may start preparing for the finalization of the divorce prior to the passing of one year. For example, you may file a complaint for spousal support, child custody or property division so that, upon the expiration of one year, everything is in order for the final divorce to take effect.
• Divorce by incurable insanity: This is a very uncommon form of divorce that is rarely used for obvious reasons.

Our divorce attorneys also pursue claims of divorce from bed and board, which is another uncommon case. It is not as much a divorce as it is a manner of effectuating involuntary separation. One spouse who has suffered a specific injury by the other spouse may force the offending spouse to leave the home. This type of divorce is fault-based; qualifying offensive conduct may include drug use, domestic violence or adultery.

If you have been served with a divorce complaint, it is critical to act quickly. You only have 30 days to file a response, and it is advisable to contact our divorce lawyers in Monroe as soon as possible. We will advise you on all of your obligations and the necessary paperwork and financial disclosures you will need to file.

Divorce involves several critical aspects that require careful consideration and, often, professional legal guidance. Here are some of the main components:

• Child custody: It can be challenging to work out a custody arrangement, including physical custody as well as legal authority for making major decisions about the child’s life. Custody can be sole or shared – whatever is in the best interests of the child.
• Child support: A big part of allocating parental responsibilities involves the financial aspect of child-rearing. An award of child support may be based on numerous factors, such as the parents’ incomes, the custody arrangement and the child’s needs.
• Property division: This aspect of divorce involves dividing assets and debts between the spouses. North Carolina follows an equitable distribution standard for dividing property, which means the arrangement must be fair in light of all relevant circumstances.
• Alimony/spousal support: This refers to financial support paid by one spouse to the other, usually when there is a significant discrepancy in their incomes or financial status. It’s not a given in every divorce.

Each of these issues can significantly impact your children and your post-divorce life. It’s essential to handle them with thoroughness and care.

In divorce proceedings, each party should have their own lawyer. Here’s why:

• Conflict of interest: A single attorney cannot fully protect the interests of both parties since their interests are inherently at odds. Each party’s goals for issues like property division, child custody and alimony can differ significantly, and it’s impossible for one lawyer to advocate for both sides impartially.
• Fair representation and tailored legal advice: Having individual divorce attorneys ensures that each spouse receives legal advice that solely focuses on their own rights and best interests. This helps prevent any imbalance in negotiating, and it ensures a level playing field.
• Confidentiality: Attorney-client privilege is the foundation of a fruitful legal relationship. It allows clients to speak openly with their divorce lawyers. If one lawyer represents both spouses, this confidentiality can be compromised, potentially hindering open and honest communication.

The North Carolina State Bar prohibits dual representation for all of these reasons. Having separate attorneys will lead to a more equitable and satisfactory outcome for both parties involved.

We all know that divorces have the potential to be very ugly and contentious. In many cases, discussing your case with an impartial mediator who can facilitate between you and your spouse can be incredibly helpful. One of our family law attorneys, Allison Khan, is a certified mediator. She can draw on that knowledge and experience to capably represent you in mediation proceedings.

Below are straightforward answers to common questions we receive from residents of North Carolina facing divorce.

Before initiating divorce in North Carolina, consider these important factors:

• Separation requirement: North Carolina law requires living separate and apart for at least one year before you can file for absolute divorce. This means maintaining separate residences with no resumption of marital relations.
• Financial documentation: Gather financial records, including bank statements, tax returns, property deeds, retirement accounts, debts and income information. Having these documents organized early simplifies the division of assets.
• Child-related matters: Consider custody arrangements, parenting schedules and support. North Carolina courts prioritize children’s best interests when approving these arrangements.
• Living arrangements: Determine where you will live during separation and whether you can afford separate housing. Courts generally will not force either spouse to leave the marital home.
• Equitable distribution: With North Carolina’s equitable distribution formula, marital property is divided fairly but not necessarily equally.
• Support considerations: Determine whether alimony or post-separation support may apply to your situation.

The state takes these issues seriously, so planning ahead helps protect your rights.

After filing divorce papers with the clerk of court in your county, you must properly serve your spouse with:

• Sheriff service: The county sheriff can deliver the papers for a fee.
• Certified mail: You can send documents via certified mail, and a return receipt is requested.
• Acceptance of service: Your spouse can voluntarily accept service by signing an acceptance of service form
• Publication: If your spouse cannot be located, the court may permit service by publication in a local newspaper after you have made diligent efforts to locate them.

North Carolina requires proof of service before your case can proceed.

The length of the divorce process depends on several factors. Since North Carolina requires spouses to be separated for at least one year before filing, the minimum time for a divorce is about 12 months. Once the required separation period has passed, an uncontested divorce can be finalized in as little as 45 to 60 days.

The process may take much longer if there are disputes over property, child custody or alimony. The process moves quicker when spouses can reach agreements on major issues without court intervention.