New Bern Divorce Attorney

The decision to get a divorce is rarely an easy one, but it is often the right one. At The Law Offices of John Drew Warlick, P.A., we understand that you are making a difficult choice for yourself and your family and that you likely have concerns about issues like asset division, child custody, and spousal support.
We’re prepared to answer your questions and guide you through this often complicated, emotionally fraught process so that you can get on the path to a brighter future.

Contact us today for a free consultation with a New Bern divorce attorney from our firm. We look forward to meeting you, learning more about your situation, and finding out how we can help make it easier.

What Are the Steps for Filing for Divorce in New Bern?

To obtain a divorce in New Bern, you will need to take the following steps:

• Physically separate from and cease cohabitating with your spouse, especially if you intend to get a “no-fault” divorce.
• File a complaint of absolute divorce with the court in the county you reside in after you and your spouse have been separated for at least 12 consecutive months.
• Serve the complaint on your spouse, which is normally performed by the county sheriff’s office.
• Wait for your spouse to respond to the divorce complaint. Your spouse will have the opportunity to file an answer to the complaint that contests any of the allegations in the complaint or raises legal issues not mentioned in the complaint, such as requests for alimony or equitable distribution of property.
• Enter mediation if the divorce is contested to try to reach a settlement agreement that amicably resolves any outstanding issues like child custody and support, equitable distribution, and alimony.

If spouses cannot reach an agreement on the issues in their divorce, the court will hold a trial to hear evidence and testimony to reach a judgment of divorce that resolves the outstanding issues between the spouses and legally terminates their marriage.

Are There Different Types of Divorce in North Carolina?

North Carolina law recognizes two basic types of divorce.
The more common form of divorce is known as an absolute divorce, popularly called a “no-fault” divorce because neither spouse is considered “at fault.”
An absolute divorce may be pursued if spouses have lived separately for at least 12 consecutive months, at least one spouse intended for the separation to become permanent at the time the separation began, and at least one spouse has resided in North Carolina for at least six months prior to the filing of the divorce complaint.

The second form of divorce is called a divorce from bed and board.
This type of action is also known as an “at-fault” divorce because the spouse seeking divorce must prove that the other spouse committed one of the statutory grounds for a divorce from bed and board. These include:

• Adultery
• Abandonment
• Cruel or barbarous treatment that threatens a spouse’s life
• Maliciously turning a spouse out of the home
• Humiliating or degrading behavior that renders the conditions of the marriage intolerable or unduly burdensome
• Excessive alcohol or drug use

However, a divorce from bed and board is not a true divorce.
Instead, it is a legal separation ordered by the court.
The spouses are still legally married but live separate and apart.

Are a Simple Divorce and an Absolute Divorce the Same?

In North Carolina, the terms simple divorce and absolute divorce are often used interchangeably.
A simple divorce involves a divorce in which neither spouse contests the legal termination of their marriage, although they may contest other issues like equitable distribution or child custody.

How Long Does a Divorce in New Bern, NC Take to Complete?

The amount of time needed to obtain a divorce in New Bern, NC will depend on several factors, including whether you are seeking absolute divorce or divorce from bed and board and whether you and your spouse have unresolved issues, such as division of marital property, alimony, or child custody and support.
A divorce decree for an uncontested, absolute divorce with no outstanding disagreements to resolve can be issued in as little as a month and a half from the date that the divorce complaint is filed. Of course, spouses seeking absolute divorce will also need to observe the 12-month separation period prior to filing for divorce.

However, in more contentious divorces – such as with divorces from bed and board or where spouses wish to raise issues involving alimony, equitable distribution, or child custody/support – the process can take many months.
In these cases, spouses will need to exchange evidence to prepare their case. They will also need to attend mediation to try to resolve outstanding issues or go to trial to obtain a ruling from the court.

What Is Equitable Distribution?

Equitable distribution is the part of divorce that involves dividing marital assets and debts between spouses.
The term “equitable” is used because an equitable distribution need only be fair under the circumstances of a couple’s marriage.
While courts often prefer a roughly equal split of assets and debts, equitable distribution means that the court can award an uneven distribution when reasonable under the circumstances.

Spouses may choose to reach a settlement agreement to divide assets and debts themselves without turning to the court. The spouses’ settlement can be incorporated by the court into the final decree to turn it into an enforceable court order.

How Are Child Custody and Child Support Handled in a Divorce?

Child custody and support are not automatically handled in an absolute divorce.
Instead, if one spouse wishes the court to rule on custody and support, they will need to raise the issue in the divorce complaint or their answer to the complaint.
Courts usually encourage parents to attend mediation to try to reach an agreement regarding child custody.
But if the court is called upon to determine a custody arrangement for a divorcing couple, the court will consider various factors to determine an arrangement that is in the child’s best interests.

Child support is determined according to guidelines set forth in state law, based on the parents’ incomes or earning capacities, the custody arrangement, and the number of children each parent supports. However, courts can deviate from the basic guidelines amount to account for other factors, such as the child’s medical and educational expenses.

Contact a New Bern, NC Divorce Attorney Today

The decision to get a divorce can be hard. Let us make the process as easy as we can. Contact The Law Offices of John Drew Warlick, P.A. today for a free, confidential consultation to discuss your options in your case with a New Bern, NC, divorce lawyer.