Jacksonville, NC Divorce Lawyer

The Jacksonville divorce lawyers at The Law Offices of John Drew Warlick, P.A., know that you never married your spouse with the expectation that your union would end in divorce. When a marriage isn’t working, however, it might be best for you, your spouse, and any children you share to take a different path.

While it might be clear that divorce is necessary, the process can be complicated and emotionally challenging. Fortunately, you don’t have to do this alone. A knowledgeable and compassionate Jacksonville divorce lawyer at our law firm can provide the guidance you need and help you on the path to a brighter future.

No matter how complex your situation may be, we will be here to help. Contact our Jacksonville family law attorneys today for a free initial case evaluation and let us put our three generations of experience to work for you.

What Should I Do If I Want a Divorce in North Carolina?

When you decide to file for divorce in North Carolina, it’s crucial to understand how state laws could affect you. North Carolina is known as a “hybrid” state when it comes to divorce. This means state laws include aspects of both “fault” and “no-fault” divorce laws. You can file for divorce whether or not anyone is “at fault” as long as you believe the marriage has deteriorated beyond repair.

To qualify for divorce in North Carolina, you simply need to show that you and your spouse have lived “separate and apart” for at least one year and that either spouse has resided in the state for at least six months before filing. Alternatively, you can show that fault grounds exist for your divorce, such as infidelity or abuse (domestic violence). Once you meet these requirements, you can begin the process of filing for divorce by:

• Preparing a complaint form – Your complaint form notifies the court and explains why you are seeking a divorce. In your complaint, you must name any children born during the marriage.
• Preparing a summons – A summons is a document you send your spouse to let them know that you have filed a divorce complaint against them and that they are required to respond. You will file the original summons in court along with your complaint.
• Submitting paperwork in court –You must file your complaint and summons with the Clerk of Court in your local courthouse and pay the required fee.
• Serving papers to your spouse –North Carolina requires you to have a local sheriff serve the complaint and summons paperwork. If the sheriff cannot locate your spouse, you can attempt to serve them by mail or personal delivery. If all else fails, you can also serve by publication in a local newspaper.

My Spouse Filed for Divorce – What Should I Do?

Whether or not you anticipated your spouse filing for divorce, being served divorce papers immediately changes everything. If you recently learned your spouse has filed for divorce, it’s important to respond quickly and appropriately. You can take the following simple steps to protect your legal rights:

• Review the papers carefully – The paperwork should include important details such as where your spouse is filing, whether they have retained an attorney, and how soon you need to respond. The papers may also include grounds for the divorce and requests for support payments, so review them closely.
• Respond – You typically have 30 days from the date when you were served divorce papers to respond. However, pay attention to any deadlines specified in the paperwork. If you fail to respond in time, your spouse may receive everything they requested in the divorce by default.
• Contact your own divorce lawyer – Divorce can have dramatic implications for your future. Working with a knowledgeable attorney is the best way to protect your interests. Whether or not your spouse has legal counsel, you want an independent lawyer in your corner as soon as possible.
• Gather copies of important documents – Once you contact a lawyer, you’ll want to gather copies of your important personal and financial documents. This includes birth certificates, social security cards, tax returns, and bank statements. Your lawyer will need these documents to prepare for your divorce case.
• Protect your assets and communications – With your important documents in hand, you can review everything to have a better account of your assets. Consider redirecting your mail to a P.O. box or new address.

What is the Difference Between  Collaborative Divorce vs. Contested Divorce?

A collaborative divorce occurs when spouses come to an agreement on all aspects of the divorce. This includes the dissolution of the marriage itself, the way marital assets or property will be divided, and how custody of children will work.

If you and your spouse agree on all of these legal issues, an uncontested divorce attorney can walk you through the standard process of filing for and finalizing the divorce. An uncontested divorce is undoubtedly the simplest and cheapest method.

On the other hand, a contested divorce occurs when spouses are unable to agree on one or more aspects of the divorce – such as child custody or child support. This includes matters like:

• Division of assets or debts
• Custody of children
• Alimony
• Child Support

How Much Does a Divorce Lawyer Cost in NC?

No two divorce cases are alike, so it’s challenging to calculate your legal fees in advance. But regardless of the cost, effective legal representation can save you more money in the long run.

You can ask lawyers about their fee structures during the initial consultation stage. Many firms are happy to work with you to develop a payment plan that works for your budget. The Law Offices of John Drew Warlick, P.A. can discuss these matters during a free consultation.

How Long Does a Divorce Take in NC?

You must wait 30 days after serving your spouse before your divorce can be finalized. Many divorces can be finalized in just a few weeks. However, contested cases may take much longer. If spouses disagree on most issues, divorce proceedings can drag on for months or even years.

Visit our Divorce Lawyers Offices in Jacksonville, NC

Can I Change My Name at the Time of Divorce?

Under § 50-12 of the North Carolina General Statutes, you can petition the court to change your name during or after your divorce. To do so, you file the appropriate paperwork with the Clerk of Court and pay a $10 fee. Divorced women may revert their surnames to either their maiden names or the surname of a prior husband. Men may revert to pre-marriage surnames.

Contact a Divorce Lawyer in North Carolina Today

The Jacksonville divorce lawyers of The Law Offices of John Drew Warlick, P.A. will do everything possible to take the pressure off you during this difficult time. The compassionate attorneys at our law firm will listen to the details of your case and help guide you through the divorce process. Contact us today to learn more about how we can help in a free initial consultation.