Why should I hire a North Carolina divorce attorney instead of filing on my own

You have the right to self-representation in a divorce, and there may be situations where you feel you can handle the process alone. However, having a trusted attorney on your side can be crucial. Divorce proceedings include various elements, ranging from child custody and alimony payments to equitable distribution. An experienced North Carolina divorce attorney can offer numerous benefits, including helping the process go smoothly and effectively while protecting your rights and interests.

If you are considering filing for divorce in North Carolina or have been served with divorce papers, the experienced attorneys at The Law Offices of John Drew Warlick, P.A. can help you handle the challenging legal journey you have in front of you. Contact us today for a confidential case evaluation to learn more.

What Are the Grounds for Divorce in North Carolina?

North Carolina grants divorce, which the state refers to as “absolute divorce, on two specific grounds:

• Separation – Living separately for one year can serve as grounds for divorce. To qualify for divorce on these grounds, the couple must have been living in separate residences without resuming their marital relationship for at least one year.
• Insanity – If one spouse is deemed to have incurable insanity, the other spouse can file for divorce. Filing on these grounds requires testimony from two specialty doctors. You must also provide documentation that you and your spouse have lived apart for at least three years due to the insanity.

Additionally, you may be eligible for “divorce from bed and board.” This status is a type of legal separation based on specific misconduct, such as adultery, abandonment, cruel treatment, or alcohol abuse. Divorce from bed and board does not end the marriage but does permit the couple to live separately.

What Are the Requirements for Divorce in North Carolina?

Filing for divorce in North Carolina requires satisfying a few specific legal criteria:

• At least one spouse must have lived in the state for six months or more before filing.
• The spouses must live separately for a year before filing for a no-fault divorce.
• The filing must be in the county where one of the spouses resides.

If My Spouse Has a Divorce Attorney, Should I Have One?

If your spouse has legal representation, it is crucial that you secure an attorney for yourself as well. Your spouse’s lawyer has an obligation to act in your spouse’s best interests, not yours. They will do everything possible to optimize your ex’s post-divorce position at your expense. Having an attorney yourself ensures that you have a legal representative to protect your rights and advocate for you and your interests throughout the process.

If I Have Been Representing Myself, Can I Still Hire an Attorney After the Divorce Process Has Begun?

It is never too late to seek legal representation. Even if you have been representing yourself until now, you can hire an attorney at any stage of the divorce process. Many people start the divorce process on their own, only to realize how complex and emotionally draining the process can become. An experienced divorce attorney can take over the case and handle the proceedings for you, using their legal knowledge to safeguard your rights and future.

However, the decision to hire an attorney after proceedings have already begun can make the process more challenging than it might otherwise have been. If you have an opportunity, you should engage the services of an experienced North Carolina divorce lawyer as early in the process as possible. Doing so will allow them to review all your documents, develop a discovery plan, and ensure that your case is ready for trial should that become necessary.

What Is Equitable Distribution?

Equitable distribution refers to the fair division of marital property and debts in a divorce. It does not necessarily entail a 50-50 split of everything. Instead, it means a division that the court deems fair based on various factors. These factors can include:

• The duration of the marriage
• The age and health of the spouses
• The spouses’ income and earning potential
• The spouses’ individual contributions to the marriage

While determining what equitable distribution means for your divorce can be challenging, a knowledgeable North Carolina divorce attorney can help give you an idea of what you can expect based on the specific circumstances of your marriage and separation.

What Is Mediation?

Mediation is a process where a neutral party helps the divorcing couple negotiate and resolve their disputes. This mediator is often a third-party attorney or retired judge. Mediation is typically less contentious and expensive than traditional divorce litigation. Because the process is less formal than a courtroom environment, mediation often allows the two sides to develop creative solutions they might not otherwise have come up with.

The mediator does not make decisions about the case but facilitates communication between the spouses to reach a mutually agreed upon settlement. The spouses are free to accept or reject any of the mediator’s suggestions based on what they believe works best for them.

How Can a North Carolina Divorce Attorney Help Me?

A North Carolina divorce attorney can provide crucial assistance in many ways. They can:

• Explain your legal rights and options
• Help you understand the potential consequences of different decisions
• Handle paperwork and court filings
• Protect your interests in the distribution of assets and debts
• Guide you through mediation
• Represent you in court proceedings

You do not need to face your legal challenges alone. Having professional guidance can make all the difference in your case.

Contact a North Carolina Divorce Lawyer

Divorce is one of the most challenging experiences a person can go through. We are here to make the process go as smoothly and effectively as possible. If you are dissolving your marriage, contact The Law Offices of John Drew Warlick, P.A. today. Our experienced divorce attorneys will walk you through the process, protect your rights, and strive for the best outcome possible for you.

Visit Our North Carolina Divorce Law Offices