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Even uncontested divorces can be difficult as emotions and challenges arise and tension increases. Divorcing parties are already stressed, and having to navigate the complicated legal system doesn’t make it easier. When you hire a Locust divorce lawyer who can better facilitate your case in family court, you can make better decisions for your family, which can, ultimately, result in a better outcome for everyone.
Lehnhardt Price Family Law can provide families with the essential support they need to navigate through the divorce process. We aim to encourage divorce terms that are fair for everyone, with straightforward details that can bring peace of mind when the process is over. We want our clients to feel like they have an optimal resolution in their case so they can move on with their lives after a divorce.
Divorces in North Carolina must be preceded by a one-year separation. You do not need to file for separation through the court, but you must have had a separate residence from your spouse for a separation to be legally recognized. This requirement for divorce is to help the couple determine if they’ve made the right decision before taking an action that can have long-lasting repercussions on the family. You also have to have lived in the state for six months.
The 2.7% divorce rate in North Carolina is a bit higher than the national average but has been decreasing in recent years. The one-year separation gives couples time to decide if divorce is the only option for the marriage. It also provides time for working out things like a parenting plan and child visitation. For many couples, it’s a cooling-off period that allows both parties to adjust to communicating differently and take a different perspective on their arrangements.
Despite the one-year separation, the divorce process can still be contentious. Hiring a skilled divorce attorney to assist with the legal complexities and provide you with experienced advice and knowledge regarding your options can make the whole process easier. Some of the issues a family lawyer in Locust can help with are the following:
This step, known as “equitable distribution” or “property division,” can be a highly contentious issue to tackle in a divorce. Deciding who gets what and what to sell and what not to sell can be emotional. Not only do properties, such as the family’s house, vacation homes, and rental real estate, need to be divided up, but financial accounts also must be addressed. These include pensions, stocks, retirement accounts, and other assets that were acquired during the course of the marriage.
Investment accounts, bank accounts, and savings accounts are all subject to division in a divorce, as well as any debts incurred that must also be settled or divided. In North Carolina, equitable distribution is followed, which means assets and debts must be split equitably but not necessarily 50/50. The court may take into account several factors, such as the length of the marriage, the age of the spouses, contributions made to the marriage, and other factors, in awarded one party a greater share of the marital estate.
When one spouse was the main income earner during the marriage, it may be necessary for them to pay alimony to the lesser-earning spouse. The purpose of alimony, or spousal support, is to provide the spouse who doesn’t have the means to support themselves with money to meet their monthly needs and expenses as established during the parties’ marriage. This can be an area of contention, and a divorce attorney can often provide an objective perspective when it comes to alimony terms.
It is crucial to enter into conversations about child custody from a place that prioritizes the child’s well-being. Working with an attorney regarding child custody can help parents negotiate to find a compromise that is truly ideal for the child without having ulterior motives attached. The court will take into consideration many factors when deciding on physical and legal custody and will always make the decision based on what is considered in the best interests of the child. A Locust child custody lawyer can provide clarity on how these factors are evaluated in court and what to expect during the process.
Individuals who are divorcing typically use a family law divorce lawyer to help with issues regarding child custody, child support, spousal support, and property division. Family lawyers are most experienced in these areas and can represent their clients in family court based on their knowledge of specific family law statutes and their experience with similar cases.
When an attorney has a conflict of interest, it usually means they or their firm have a professional or personal interest that could compromise the effectiveness and/or the fairness of representing a client. This is why one firm cannot represent both spouses. For example, a lawyer cannot represent one spouse after having a consultation with the other spouse.
There are many reasons why a divorce case can take longer than expected, including financial investigations, time to prepare a case, strategic advantages, or other reasons beyond the control of the parties involved. There could also be legal delays that are court-related, such as docket scheduling or other factors. Most family law cases will be scheduled at the Stanly County Courthouse in Albemarle.
If you are struggling with a legal matter related to your divorce, speaking with an experienced Locust family lawyer can be the turning point you need to move forward with your case. Lehnhardt Price Family Law has the experience and dedication to focus on your case and help you achieve the results you desire. Contact us to learn more about our services and to set up a consultation.