Skilled Guidance for Your Contested Divorce
When a marriage reaches a point of contention, where disputes over the marital home, alimony payments, asset division, debt sharing, child custody, or child support become insurmountable, you need a seasoned divorce lawyer to navigate these complex issues and help you achieve your desired outcomes. A Contested Divorce involves a myriad of legal documents and often necessitates lengthy court proceedings. The Greensboro Divorce Lawyers at Garrett, Walker, Aycoth & Olson, Attorneys at Law, are here to manage every facet of your divorce, ensuring that you emerge from the process with a sense of accomplishment, closure, and a favorable resolution.
Navigating the Legal Complexity
Depending on the specifics of your divorce, you may require an attorney to subpoena financial information, assess the ability to pay spousal support, freeze marital assets through a Temporary Restraining Order, collect evidence, or interview witnesses for a custody trial. In some cases, arranging mediation to resolve certain disputes outside of court may be beneficial. It’s imperative to have a competent, patient, and responsive attorney by your side to help you make informed decisions that protect your interests both inside and outside the courtroom. You can rely on the family law team at Garrett, Walker, Aycoth & Olson, Attorneys at Law, to adeptly manage your divorce, striving for a smooth and efficient process.
Seeking Professional Counsel
To begin the journey toward a favorable divorce settlement, call our Greensboro attorney at 336-379-0539. With just one consultation, our skilled attorney can help you develop a comprehensive plan for your divorce, addressing property division, alimony arrangements, child custody matters, child support agreements, and even facilitating communication between you and your spouse.
Importance of Legal Representation for Post-Separation Disputes
If you and your spouse have separated and are unable to reach agreements on issues such as the distribution of the marital home, alimony, child support, or child custody, it is imperative to seek the guidance of a seasoned family law attorney.
Under North Carolina divorce law (N.C. Gen. Stat. § 50-11(c)), claims for post-separation support, alimony, or equitable distribution must be filed before the finalization of a divorce. Failing to raise these critical issues at the appropriate time can jeopardize your ability to access the marital assets you are entitled to, potentially leaving you with less than you had during the marriage.
A recent contested divorce case (Smith v. Smith, 2022-NCCOA-241) serves as a cautionary tale. The North Carolina Court of Appeals upheld a trial court judge’s decision to dismiss claims for post-separation support, alimony, and equitable distribution because they were filed too late. The spouses could not reach an agreement regarding marital property and assets, and the necessary legal documents addressing these issues were not filed during the divorce proceedings.
By seeking the counsel of a divorce lawyer, you can avoid the devastating outcome experienced by the parties in this case and ensure that your rights and interests are safeguarded.
Contact a Greensboro divorce lawyer at Garrett, Walker, Aycoth & Olson, Attorneys at Law, at 336-379-0539 to schedule a consultation with one of our North Carolina Board Certified Family Law Specialists.
Legal Grounds for Divorce in North Carolina
The most common pathway to divorce in North Carolina is separation. Spouses must have lived separate and apart for one year and one day, with at least one spouse residing in North Carolina for a minimum of six months before filing for divorce.
North Carolina is considered a no-fault divorce state, which means that the only criteria that must be met are the residency requirement and the one-year separation period.
Defining “Separate and Apart” for Divorce
Living separate and apart requires both physical separation and the intent of at least one spouse to terminate the marriage. Resuming the marital relationship during the year of separation resets the clock, and any time spent together during this period cannot be added to other periods of separation to reach the required one-year duration.
The Role of a Separation Agreement
While not mandatory, a separation agreement is a written contract between spouses in which both parties agree to live separately and apart. It can also include additional agreements regarding marital property, child custody, child support, and other important matters. These agreements can be invaluable when both parties wish to end the marriage amicably with minimal court involvement.
As you navigate the complexities of a contested divorce, having the support of a skilled attorney can make all the difference in achieving a fair and favorable resolution.