Contested Divorce Attorney

If you and your spouse are in dispute over who gets the marital home, alimony payments, asset division, debt sharing, child custody, or child support, you need a skilled divorce lawyer to help manage you these issues, and reach your goals. A Contested Divorce requires numerous legal documents and long sessions in court. The Greensboro Divorce Lawyers at Garrett, Walker,  Aycoth & Olson, Attorneys at Law can manage every aspect of your divorce to be sure you walk away from court with a sense of success, accomplishment, and closure.

Depending on the details of your divorce, you will likely need an attorney to subpoena financial information to assess ability to pay spousal support; freeze marital assets using a Temporary Retraining Order; collect evidence or interview witnesses for a custody trial; or arrange mediation to help settle some disputes outside of court. It’s essential to have a competent, patient, and responsive to help you choose the right avenues to protect your interests in and out of court. You can count on the family law team at Garrett, Walker, Aycoth & Olson, Attorneys at Law to thoroughly manage your divorce, as smoothly and efficiently as possible!

Call our Greensboro attorney at 336-379-0539. With as little as one consultation, our skilled attorney in Greensboro can help you develop a plan for Divorce to divide your property, establish alimony, determine child custody, set up child support, or even govern communications between you and your spouse

Why Should I Hire a Divorce Attorney to Settle Postseparation Disputes?

If you and your spouse have separated and cannot reach an agreement about issues such as who gets the marital home, the amount of alimony or child support to be paid, or child custody issues, you need a skilled family law attorney.

North Carolina’s divorce law (N.C. Gen. Stat. § 50-11(c)) requires claims for post-separation support, alimony, or equitable distribution to be filed prior to the finalization of a divorce.
Failing to raise these issues early on in the process or at the appropriate time can prevent you from capitalizing on marital assets you are entitled to, causing you to walk away from the marriage with less than you had when you went in.

In a recent contested divorce case (Smith v. Smith, 2022-NCCOA-241), the North Carolina Court of Appeals agreed with a trial court judge in a neighboring county who dismissed new claims for
post-separation support, alimony, and equitable distribution because they were not filed on time. The spouses were unable to reach an agreement regarding marital property and assets and during the divorce proceedings the legal documents asking the court to consider these issues were not filed.

Because these claims were filed too late, one spouse is leaving the marriage empty handed while the other is getting a windfall. Hiring a divorce lawyer will prevent this from happening to you!

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.

What are the legal grounds for getting a divorce in North Carolina?

The most common pathway to divorce in North Carolina is separation. The spouses must have lived separate and apart for one year and a day and one of the spouses must have resided in
North Carolina for at least six months prior to the filing of the divorce.

North Carolina is a no-fault divorce state, meaning the only criteria that must be met are those mentioned above.

What is “separate and apart” for the purpose of divorce?

Living separate and apart from your spouse requires physical separation as well as the intent of at least one spouse to end the marriage. Resuming the marital relationship during the year of
separation resets the “clock” and cannot be tacked on to other periods of separation to equal one year.

I want to divorce my spouse. Do I need a separation agreement?

A separation agreement is a written contract between two spouses where each agrees to live separate and apart from the other and may often contain many additional agreements with respect to marital property, child custody, and child support to name a few. While these agreements are not required, they can be helpful when both parties desire to end the marriage amicably with as little judicial interference as possible.