Family law

Divorce Lawyers

Professional Divorce Attorneys

At Simmons and Hill Law Group, we understand the emotional and legal challenges that come with divorce. Our team of experienced divorce attorneys in North Carolina is here to guide you through every step of the process, ensuring your rights and interests are protected.

Whether you’re facing a simple uncontested divorce or dealing with complex issues like alimony, child custody, or property division, we’re here to help.

Contact us today for a consultation and let us help you start a new chapter in your life.

divorce lawyers

Divorce can be a difficult journey, filled with emotional ups and downs and complex legal challenges. Our goal is to make your separation and divorce as smooth and straightforward as possible for you.

The process of divorce can feel overwhelming, with various legal requirements and emotional stressors. Knowing where to start, understanding your rights, and navigating the legal system can seem daunting.

Without professional guidance, you risk making decisions that may not be in your best interest or the best interest of your family. The uncertainty about your future, your finances, and the well-being of your children can add to the stress.

Our team of compassionate divorce attorneys is here to support you. We provide you with the knowledge and legal experience you need to make informed decisions. From filing for divorce to reaching a fair settlement, we’re with you every step of the way.

Let us handle the legal complexities, so you can focus on moving forward.

Ready to take the first step towards a brighter future? Contact us now for a consultation. Our team is ready to provide you with the support and guidance you need during this challenging time.

Comprehensive Separation and Divorce Services

Our divorce attorneys offer a comprehensive range of services to address every aspect of your divorce proceedings, ensuring that your rights are protected and your needs are met.

We navigate the complexities of alimony, child support, equitable distribution of property, and actions for alimony and post-separation support, aiming to secure your financial stability and peace of mind during and after the divorce process.

Our focus is achieving a fair outcome that respects your contributions to the marriage and your future financial needs.

The right divorce attorney is crucial for navigating the legal, financial, and emotional challenges of ending a marriage. Our team stands out for our depth of experience, compassionate approach, and commitment to achieving the best possible outcomes.

Our attorneys are not only skilled negotiators and litigators but also empathetic advisors who prioritize your well-being and the best interests of your children.

By working with us, you gain a partner who will stand by your side, offering guidance, support, and experienced legal representation through every step of your divorce process.

Let us help you transition to the next chapter of your life with confidence and security.

divorce attorneys

Frequently Asked questions

What are the legal requirements for separation in NC?

In North Carolina, the legal requirement for separation before filing for divorce is that spouses live separately and apart for at least one year. This separation involves living in different residences, and at least one spouse must intends the separation to be permanent.

Following this period of separation, either party can apply for a divorce if they have lived separate and apart for one year and if one of the parties has resided in the state for a period of six months.

This waiting requirement is intended to allow couples time to ensure that they wish to proceed with a divorce and to make any necessary arrangements regarding their assets, children, and future living situations before legally ending the marriage .

What is the process to obtain a divorce in NC?

To obtain a divorce in North Carolina, the process involves several key steps, reflecting the state’s legal requirements:

1. Residency Requirement: At least one spouse must have been a resident of North Carolina for at least six months prior to filing for divorce.

2. Separation Requirement: The couple must have lived separate and apart for at least one year. This separation must involve living in different residences, with at least one spouse intending the separation to be permanent.

3. Filing a Divorce Complaint: The spouse seeking the divorce (plaintiff) files a divorce complaint in the county where either spouse lives. The complaint must state the grounds for divorce, which in the case of an absolute divorce is typically the one-year separation.

4. Service of Process: The divorce complaint and summons must be served on the other spouse (defendant), either personally, by sheriff, or by certified mail, ensuring they are informed of the divorce proceedings.

5. Waiting Period: After serving the divorce complaint, there may be a waiting period before the court proceeds with the divorce case. This period can vary depending on the county and the specific circumstances of the case.

6. Hearing and Finalization: If the divorce is uncontested (spouses agree on all matters), it may be possible for the court to declare the divorce based on an affidavit, verified motion, or other verified pleading without a courtroom hearing.

In cases where a spouse doesn’t answer the divorce complaint, admit the allegations, or waive the right to answer, the clerk of the superior court may enter judgment.

For many divorces, spouses do not agree on all matters, including alimony, child support, child custody, etc. These are called contested divorces, and a hearing before a judge may be necessary.

The process for obtaining a divorce in North Carolina emphasizes the need for a one-year separation period before filing and requires that at least one spouse has been a resident of the state for six months prior to filing.

It is important for individuals considering divorce to consult with a legal professional to understand the specifics of their situation and ensure all legal requirements are met.

How is property divided in NC divorces?

In North Carolina, property is divided in divorces according to the principle of equitable distribution. The process involves several key steps:

1. Identification of Property: The first step involves identifying all property owned by both spouses. This includes both marital property, acquired by either spouse or both spouses during the course of the marriage and before the date of separation, and separate property, which is acquired before the marriage or by gift, bequest, devise, or descent during the marriage. Marital property includes assets like real estate, vehicles, furniture, investments, and retirement accounts.

2. Classification of Property: Once identified, property must be classified as marital, separate, or divisible property. Marital property is subject to division, while separate property remains with the spouse who owns it. The divisible property includes changes in the value of the marital property and certain debts incurred between separation and divorce.

3. Valuation: The marital and divisible property is then valued, usually as of the date of separation for marital property and as of the date of distribution for divisible property.

4. Distribution: Finally, the court distributes the marital and divisible property equitably between the spouses. Although “equitable” often means equal, the court will consider various factors to determine what is fair.

These factors include each party’s income, property, and liabilities; the duration of the marriage; any obligation for support arising out of a prior marriage; the need of a parent with custody of children to occupy the marital residence; contributions one spouse made to the education or earning power of the other; and any direct contributions to an increase in the value of the separate property, among others.

The court’s goal in equitable distribution is to arrive at a fair division of property that considers the contributions and needs of both spouses.

This can result in a variety of distribution arrangements, depending on the specifics of each case, including the possibility of one spouse being ordered to make a distributive award to the other to balance out the division of assets.

How are child custody and support determined in NC?

In North Carolina, child custody and support are determined based on what is in the best interest of the child, with considerations for the safety and welfare of the child and any history of domestic violence among the parents.

Child Custody

When deciding custody, the court considers several factors to determine what arrangement will best promote the interest and welfare of the child. These factors include but are not limited to:

  • Acts of domestic violence between the parties
  • Safety of the child
  • Safety of either parent from domestic violence by the other party

The custody order must reflect these considerations, supporting the determination of what is in the child’s best interest. Physical and legal custody can be awarded to one parent (sole custody) or both parents (joint custody), depending on what arrangement is deemed best for the child.

Child Support

The amount of child support is determined by applying the guidelines established by the state. The court considers the child’s reasonable needs for health, education, and maintenance, as well as each parent’s relative ability to provide support.

These needs are weighed against the estates, earnings, conditions, and accustomed standard of living of the child and the parents.

The guidelines can be adjusted if evidence shows that applying them would not meet or would exceed the reasonable needs of the child, considering the relative ability of each parent to provide support, or if following the guidelines would be otherwise unjust or inappropriate. In such cases, the court will make specific findings to justify varying from the guidelines.

These processes aim to ensure that child support and custody arrangements reflect the financial capabilities of the parents while prioritizing the needs and best interests of the child.

Is post-separation support or alimony awarded in NC divorces? How is they determined?

Both post-separation support and alimony can be awarded in North Carolina divorces. The determination and awarding of these supports are based on various factors, including the financial needs of the parties, their standard of living, incomes, earning capacities, and the duration of the marriage. Here’s how each is determined:

Post-separation Support

Post-separation support is intended to provide for the dependent spouse’s needs from separation until the final alimony order is made. The court bases its award on the financial needs of the parties, considering their accustomed standard of living, present incomes, earning abilities, debts, and other necessary expenses.

To receive post-separation support, the court must find that you don’t have adequate resources to meet your reasonable needs and that the supporting spouse has the ability to pay.

Marital misconduct may be considered when determining the amount of post-separation support.

Alimony

Alimony is awarded following a determination that one spouse is a dependent spouse, the other is a supporting spouse, and that an award of alimony is equitable after considering all relevant factors.

Factors considered in determining alimony include:

  • Marital misconduct
  • Earnings and earning capacities of the spouses
  • Physical, mental, and emotional conditions
  • Duration of the marriage
  • Contributions one spouse made to the education or career of the other

The court has discretion in determining the amount, duration, and manner of payment of alimony.

Alimony can be denied if the court finds that the dependent spouse engaged in an act of illicit sexual behavior before or on the date of separation. Conversely, if the supporting spouse engaged in such behavior, the court is likely to award alimony to the dependent spouse.

In both cases, the specific circumstances of each case are critically evaluated to ensure that the support provided is fair and meets the needs of the dependent spouse while considering the ability of the supporting spouse to pay.

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