No couple gets married immediately thinking about divorce, but it unfortunately does happen. If you find yourself in such a situation, how do you look for proper legal representation? Even if half of all marriages end in divorce, it does not mean that the process is straightforward. In fact, it is anything but. The process of filing for a divorce can be:
Process Of Divorce
These are precisely the reasons why you need to get a legal representative with plenty of experience in handling divorce cases. The lawyer would have to be skilled at negotiating division of property and debt; calculating child support; developing fair and reasonable child custody arrangements; etc.
C. Wayne Heasley has more than 30 years of experience in handling divorce cases. In North Carolina, divorce cases can be even more complicated than usual because the state requires that spouses live separate and apart for a period of 12 months. After meeting the requirements of a separation, that is the only time that the process of filing for a divorce begins.
Aside from working as an attorney-at-law handling various cases, C. Wayne Heasley has also served as a District Court judge, so he has extensive knowledge about how judges make decisions.
What is an absolute divorce?
In North Caroline, an absolute divorce is the termination of a marital bond that was created by a wedding ceremony and/or marriage certificate. This divorce can be obtained by either party. One party cannot prevent the other party from getting the divorce. Either the complainant or the defendant needs to be a resident of North Carolina for six months or more before the complaint had been filed.
Grounds for divorce in North Carolina
In North Carolina, there are two grounds on which one can obtain a divorce: separation for at least one year or the claim of untreatable insanity (which also requires for at least three years of separation). The untreatable insanity has become quite uncommon. Most divorces are not obtained by proving one year of separation and the divorce is then granted within an average of 60 days.
Can I get an annulment?
Yes, you can obtain an annulment by proving that a marriage ceremony took place. The person that is seeking the annulment needs to provide proof that there is evidence to void the marriage.
Have to go to Court to get a divorced?
It depends on the county as there are some counties which do not require for you to be in court as long as all the procedures have been met by both parties (for example, Mecklenburg County), but there are certain counties whose courts take the testimonial statement of at least one of the parties to determine whether or not absolute divorce should be granted.
A legal separation in North Carolina
A legal separation in North Carolina is an agreement made by both spouses to solve all of the rights which were set in motion by the marriage. The law of North Carolina states that a married couple becomes separated once both parties live separately and with no intention of resuming their marriage for a minimum of one year. The separation agreement allows the spouses to understand how they would like to handle the issues that ensue with a divorce.
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