Raleigh Divorce Attorney
Need a North Carolina divorce attorney? Call us for help.
The term absolute divorce refers to the process of obtaining a judgment of absolute divorce which legally dissolves and terminates the marriage. A claim for a divorce is separate from, and does not include, claims for custody and support of children, post-separation support and alimony, and equitable distribution of property and debts.
A married couple can obtain a divorce based upon a separation of more than one year, and it only takes one spouse to want to end the marriage. A final divorce judgment can terminate spousal support and property issues if not already resolved or preserved. To make sure your rights are protected, we recommend consulting an attorney before taking this final step.
Most clients can avoid a court appearance when hiring us to handle their divorce. We have the experience necessary to serve the opposing party in the toughest of circumstances. Our office has successfully served folks throughout North Carolina, the other 49 states, US territories, and several foreign countries.
Our clients are diverse and range from business owners, service professionals, and company employees to stay at home parents. Because each case is unique, we can tailor any plan to meet your goals and will to provide you with the best fit to meet your desired outcomes within the bounds of North Carolina law.
What to Do Before Filing for Divorce in North Carolina
In North Carolina it is not necessary for support and property claims to be resolved before a divorce can be granted; however, claims for post-separation support, alimony and equitable distribution (division of property and debt) MUST be asserted before the divorce is granted; if such claims are not asserted, they are lost.
In North Carolina there is customarily one ground for divorce; that is, the separation of the parties for more than one year. You cannot file the complaint until a year and a day following the separation. One of the parties must have been a resident of North Carolina continuously for the six months prior to filing the complaint.
It is IMPERATIVE that if you have plans to marry within 90 days of your plans to file for divorce that this is disclosed to your attorney immediately. There are many factors beyond your attorney’s control that may delay the finalization of the divorce, such as service issues or acquiring a hearing date as necessary. Your advising your attorney of your wedding plans as far in advance as possible may prevent your plans being canceled as a result of your divorce not being finalized due to one of these circumstances beyond your attorney’s control.
Our Family Lawyers Are Here to Help
We understand how stressful divorce can be and want to make the process as easy as possible for you. Contact us today to speak with one of our experienced Raleigh family law attorneys, Kristopher Hilscher and Ashley Banks.