Greensboro Divorce Lawyer

Understanding Divorce in Greensboro, NC

In North Carolina, divorce is legally defined as the termination of a marriage by a court order. The state follows a no-fault divorce policy, meaning that neither spouse needs to prove wrongdoing by the other to obtain a divorce. Instead, one party must show that they have been separated from their spouse for at least 12 months. 

During this separation period, couples must live apart while addressing issues such as asset division, child custody, and support obligations. Once the 12-month separation period has passed, either spouse can file for divorce. 

At least one spouse must have been a resident of North Carolina for at least six months before filing for divorce. Understanding these basic principles is crucial for anyone considering divorce in Greensboro, as it sets the stage for navigating the process effectively.

What is an Uncontested Divorce in North Carolina?

An uncontested divorce in North Carolina is a no-fault divorce that involves both spouses agreeing to the terms of the separation. This case includes child custody, child support, spousal support, and how to divide marital property.

Our uncontested divorce lawyers in Greensboro can help you file the divorce complaint in North Carolina. 

How Long Does a Divorce Take in North Carolina?

In North Carolina, an uncontested divorce can take 30–60 days to finalize. In contrast, a contested divorce can take a year or more. This law does not include the one-year separation period before filing for and completing a divorce.

Does It Matter Who Files for Divorce First in North Carolina?

In Greensboro, it doesn't matter who files for divorce first. The court doesn't give preferential treatment to the spouse who files first.

Considering North Carolina is a no-fault divorce state, the only requirement for getting a divorce is to live separately for a year. You do not have to give a reason for wanting a divorce.

Who Has to Leave the House in a Separation?

In North Carolina, both spouses must live apart for one year before filing for divorce. This rule means that one spouse must leave the marital home. Living in separate parts of the same house or sleeping in separate bedrooms is not equal to being separated.

What is a Spouse Entitled to in a North Carolina Divorce?

In North Carolina, a spouse may be entitled to alimony, also known as spousal support or maintenance, in a divorce. The amount of alimony depends on the spouse's new financial position and responsibilities, as well as the outcome of the divorce. Alimony can be temporary, paid in one lump sum, or periodically over months or years.

What Is Equitable Distribution?

North Carolina is one of 41 states that use the principle of equitable distribution in dividing up property during a divorce settlement. It’s important to point out that a small difference in word choice can have significant legal—and financial implications. That choice is the word “equitable”, which is not the same as “equal”. 

In an equal settlement, each spouse would get half of the property. But an equitable settlement leaves more room for interpretation. It simply means that the settlement must be seen as fair to each party. This is often in the eye of the beholder—and if a settlement can’t be reached in negotiation, that beholder will be a North Carolina family law judge. 

It also means that the quality of one’s legal counsel—both the diligence of their research and the effectiveness of their advocacy—might become a crucial factor. 

With our dedicated divorce lawyers in Greensboro, NC, by your side you don't have to worry-We will work tirelessly to achieve a fair outcome for you 

What Is the Difference Between Marital Property vs. Separate Property?

Even before beginning equitable distribution discussions, property must first be classified as marital or separate. Marital property is that which belongs to the spouses jointly. Separate property belongs to a particular spouse individually. Spouses get all of their separate property in a settlement. It is only marital property that is subject to equitable distribution.

Having said that, the legal definition of what constitutes separate property is tighter than is commonly realized. To be separate property, the spouse must have owned the asset prior to the marriage or received it as a gift (i.e., an inheritance).

Furthermore, an asset that is generally separate property, might be at least partially marital property. The stock portfolio that was owned prior to the marriage is separate property—except for the value that accrued in it after the wedding date. The same goes for real estate. Inheritance money that was commingled into joint bank accounts may now be marital property.

All of which is to say that separating marital property and separate property can require a lot of detail and analysis. Greensboro divorce attorneys from our firm will make sure they’re combing over every detail in pursuit of a fair settlement for their clients.

A Timely, Trusted & Effective Greensboro Divorce Lawyer

We know how much our clients are relying on a fair divorce settlement and we understand how much they count on their legal counsel to be on top of everything, and doing it in an efficient manner. 

Contact Roupas Law Firm today at (336) 850-5525 or right here online to set up a consultation.