Smithfield Divorce Attorney

Smithfield Divorce Attorneys

Divorce is a unique experience for everyone, but there are issues almost every person has to address. This includes handling debts, division of assets, and alimony. That is why working with a family lawyer in Smithfield is vital.

Let a divorce lawyer explain:

• The requirements to divorce, including residency and living separate and apart
• Interstate divorces that may have jurisdiction, residence, and service of process issues
• Eligibility requirements for an annulment
• Marital misconduct, including alienation of affection
• Legal separation agreements and court-ordered “divorce from bed to board” separations
• Uncontested, simple, and collaborative divorces
• Military divorces when one or both spouses are active or deployed service members
• Same-sex divorces or separations involving children
• Post-divorce modifications to change alimony, child custody, child support, and other court orders

Grounds for Divorce in Smithfield, NC

You don’t need specific grounds for a divorce in North Carolina. Instead, you file a no-fault divorce.

If you believe your spouse is responsible for some wrongdoing or misdeed, talk with your attorney about how that may impact the proceedings. For example, tell your lawyer if you know or suspect your husband or wife had an affair.

A spouse who had an affair may be barred from receiving alimony. Also, you may be allowed to bring an alienation of affection claim against a third party because of an affair.

Protecting Your Interests During a Divorce

Divorce is a specific legal process. To end a marriage in Smithfield, you go through the District Court system. It helps to have a divorce attorney who understands how to navigate the courts and legal paperwork.

Marital vs. Non-Marital Property

During a divorce, you and your spouse have to agree on what is marital vs. non-marital property. Whatever you’ve obtained during the marriage is usually jointly owned marital property, though there are exceptions. You may separately possess a gift or inheritance you received while married.

Division of Property and Debts

State law tells courts to divide assets and debts equitably between the spouses. That could be 50/50, but it doesn’t have to. Many factors can influence a different property distribution.

Dividing marital debts can become contentious, particularly if a spouse feels the other person wracked up unnecessary consumer debts. Even without hard feelings, you’ll need to address debts, such as mortgages, auto loans, medical debt, and credit cards.

Alimony

No one has an absolute right to alimony in North Carolina. However, a court can award it when there’s a significant difference in incomes between the spouses.

There are different types of financial support you should be aware of:

• Post-separation support helps a lower-earning spouse during the one-year separation. It ends once you resolve the divorce
• Alimony is paid after you finalize a divorce

Spouses can agree on alimony themselves, but you may need to work with a Smithfield divorce lawyer to represent you during a divorce hearing.

Divorce in North Carolina

Divorce can be complicated, but our Angier divorce attorneys can explain the process and what you can expect.

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Filing for Divorce in Smithfield, North Carolina

Most residents of Smithfield, NC either live in Wake or Johnston County, and that matters because people must file in the county where they live. Regardless of where you file for divorce, the process starts with completing the Divorce Packet and filing the Complaint with the Clerk of the Court. A complaint includes facts and claims about your marriage and separation, and most importantly, it asks the court to dissolve your marriage.

After filing the paperwork, you have to serve your spouse with the divorce papers. We’ll explain the different ways you can do this. Your spouse has 30 days to respond, and then you both attend a hearing.

Divorces can include one or several hearings. It depends on the issues you and your spouse can’t resolve. During hearings, a district court judge will review the evidence and listen to testimony.

Divorces Involving Minor Children

Many spouses also have to tackle the issues of child custody and support. For most parents, these are their biggest priorities.

State law says that a child custody and visitation arrangement must be in the child’s best interests. That goes for whether a judge decides custody or you and your spouse reach an agreement.

If you’re worried about child custody, consult a divorce lawyer in Smithfield, NC. An attorney can assist you and your spouse craft a personalized co-parent agreement that works best for your children. Also, if you can’t agree and, your lawyer helps you build a strong case.