Mooresville Divorce Lawyer

People choose to get divorced for all kinds of reasons. Whether you’re filing for a fault-based or no-fault divorce, you should work with a Mooresville divorce lawyer who can assist you with paperwork, negotiations, and courtroom representation should it become necessary.

Trust Ralston Benton Byerley & Moore, PLLC

The team here at Ralston Benton Byerley & Moore, PLLC, has what it takes to provide you with compassionate legal guidance and representation during this difficult time. We know what it takes to protect your parental rights and financial interests throughout every step of the divorce process.

Hire a Divorce Lawyer

Approximately 2.7 out of every 1,000 marriages ended in divorce in 2023, and most of the divorcing couples facilitated the process with the help of attorneys. While you don’t technically need to hire a divorce lawyer to file for divorce in the Tar Heel State, doing so is the most effective way to protect your financial interests and the best interests of any children involved. Your lawyer can:

• File paperwork
• Keep track of deadlines
• Make sure you get a fair share of the marital property
• Help resolve child custody disputes
• Request a court order for spousal support
• Make sure that your child support payments are aligned with state guidelines.
• Negotiate the terms of your divorce agreement
• Represent you in court should your divorce be contested

If you’re not sure whether it’s worth hiring a Mooresville divorce attorney, your next step should be to schedule an initial consultation with our firm. We can evaluate your divorce case and help you determine whether you’re likely to need legal assistance.

The North Carolina Divorce Process

North Carolina has a mandatory waiting period for both no-fault and fault-based divorces of one year and a day. During this time, you must be living apart from your spouse and maintaining separate households. Once the waiting period has expired, you’ll be able to file your divorce petition.

Your lawyer can assist you with filing your divorce complaint with the Iredell County District Court. If your spouse lives in a different county, you may need to file the paperwork in that county instead. We can help you determine whether this will be necessary.

Once you’ve filed the divorce complaint, you’ll need to serve your spouse with a summons and the complaint. You can do this by paying a fee to have the sheriff serve your spouse or by sending the documents to them via certified mail and providing proof that they received them. You’ll also need to pay court filing fees.

The next step in the divorce process depends on whether you’re filing for a contested or an uncontested divorce. In an uncontested divorce, you and your spouse may draw up a Marriage Separation Agreement that details how issues like child custody, child support, alimony, and property division will be handled. You must be living apart from your spouse when the agreement is signed and notarized.

If your divorce is contested, you’ll have to go to trial to resolve whatever aspects of the agreement your spouse disagrees with you about. The trial process can be long and expensive, so many couples attempt to negotiate agreements using mediation or other alternative dispute resolution measures as an alternative. You can speak with your lawyer regarding how to resolve disputes with your spouse regarding important provisions of your divorce agreement.

If your divorce is contested, you and your spouse will both make arguments and present evidence during a trial. Your lawyer may need to file pre-trial motions regarding temporary child custody and support, and you can attempt to resolve any disputes without court intervention before the trial begins. Once you and your spouse have both made your cases, a judge will rule on any elements of the divorce agreement that are contested.

At the end of either a contested or an uncontested divorce process, the judge will issue a divorce decree, and your marriage will officially be over and divorce finalized. You’ll need to follow any orders issued by the court, including those regarding child support and spousal support.

Key Provisions of a Divorce Agreement

A divorce agreement is the final decision when it comes to separating two lives. There are four key areas that are included in the divorce agreement.

Child Custody

If there are any minor children living in the household, it will need to be decided who will take custody of them. If you and your spouse are unable to agree about who should receive custody of a child, a judge will assign custody based on what’s in the best interests of the child. You and your spouse must follow any court orders pertaining to child custody and visitation.

Child Support

Whether one parent takes sole legal and physical custody of any children or both parents share joint custody, child support payments are likely to be mandated by the court. These payments are determined using specific guidelines set forth by the state. However, you can request a divergence from these guidelines if it is in the best interest of the child. A judge will issue a new court order.

Spousal Support

Spousal support, also called alimony, typically involves a higher-earning spouse making payments, usually on a temporary basis, to a lower-earning spouse. Judges take a variety of factors into account when determining whether spousal support is appropriate, including both parties’ financial and personal situations and whether there were any marital indiscretions that prompted the divorce.

Property Division

All marital property must be divided equitably. You can decide how this should happen with the help of your lawyer, negotiating an agreement outside of court, or a judge can decide how to divide property fairly. Because North Carolina is an equitable distribution state, judges don’t always follow a 50/50 split when dividing all property. Separate property does not get divided and may be distributed to one party.

Your lawyer can assist you with all four of these key aspects of getting a divorce in North Carolina.

Contested vs. Uncontested Divorces

Most couples try to avoid contested divorces because they tend to be more expensive and time-consuming. Contested divorces may involve one spouse disagreeing with the other about one or more key provisions of a Marriage Separation Agreement. Divorces can be contested on the grounds of disagreements regarding anything from child custody to specific items in property division.

Uncontested divorces are quicker, easier, and less expensive to resolve. They occur when both spouses work together to create a divorce agreement with terms that are fair to both. You may need to engage in mediation or another alternative dispute resolution technique to come to an agreement, but this approach should still be less expensive than going to court.

There are cases when contested divorces are in one spouse’s financial interests. If you’re not sure whether the divorce agreement offered by your spouse is fair, consult your lawyer.

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FAQs

Q: What Assets Are Untouchable in a Divorce?

A: Assets that are untouchable in a divorce include all separate property. Separate property may include certain assets owned before the marriage, inheritances, and gifts that were given during the marriage specifically to one spouse. If you commingle assets by depositing gifted or inherited money into a joint account, this may convert them into marital assets. Valid prenuptial agreements may also designate specific assets as separate rather than marital.

Q: What Should You Not Do During a Legal Separation in NC?

A: During a legal separation in NC, you should not hide or spend marital assets or start new relationships. It’s also recommended that you avoid moving out of the marital home without a legal agreement in place, as this can constitute abandonment or child neglect if there are children in the home.

Q: Who Loses More Financially in a Divorce in NC?

A: In NC, the spouse who loses more in a divorce is typically the one with higher income or more significant amounts of separate property. Divorce laws related to property division and alimony can come into play. North Carolina aims for fair distribution of marital property, which doesn’t necessarily entail a 50/50 split. High earners must often pay spousal support, as well, and could face higher child support payments.

Q: Who Pays for a Divorce in NC?

A: Each spouse is responsible for their own legal costs in a divorce in NC unless a prenuptial agreement dictates otherwise. Judges can also order one party to pay for legal fees due to bad faith actions or significant financial disparities. As a rule, though, you should expect to pay for all of your own attorney’s fees and legal costs associated with the divorce unless there is an agreement, statute or court that requires otherwise.

Mooresville Divorce Lawyer

If you’re planning to get a divorce, the first thing you should do is to hire a Mooresville divorce lawyer who will advocate for your rights and interests and provide objective legal advice during this emotionally challenging time. The team here at Ralston Benton Byerley & Moore, PLLC, can help with your divorce case. Whether your divorce is contested or uncontested, we can provide you with the representation and guidance you need. Contact us to schedule an initial consultation.