Couples should always hire separate attorneys otherwise there would be a conflict of interest just to have one attorney represent the interests of both parties in a divorce. The attorney’s job is to protect his or her client’s best interests and that is why each side needs to have separate lawyers. In many simple divorce cases where there is just a judgment that needs to be entered, many times the defendant in a lawsuit will not hire a lawyer. Sometimes, this is fine as long as there is no property, or support issues, but even then, it’s still recommended that someone seeking a divorce should consult with an attorney first.
Is A Valid Reason Required For Divorce In North Carolina?
No valid reason is needed for a divorce in North Carolina. We are a no-fault state, which means that you do not have to make any fault allegations in your complaint. The only thing needed in North Carolina to obtain a divorce is a one-year separation with no intent to resume the marriage.
Is Mediation Better Than The Divorce Court Process In North Carolina?
Mediation is a great tool but is not needed for all divorce cases. Mediations are wonderful for working on a property, and complex debt distribution as well as retirement, pensions, and 401(k) situations, but mediation in divorce cases is achieved through the use of a private mediator. This private mediator sets a flat rate fee to mediate the case and then charges an hourly fee during the mediation. Generally, both parties agree to split the costs of the mediation fees equally. Mediation is sometimes the best option since it can save both times, and in the end, money.
Can You Walk Us Through The Divorce Process In North Carolina?
Like every lawsuit, a divorce starts with a complaint which sets out a series of basic facts called allegations. These allegations include the residency of both parties, the date of the marriage, the date of the separation, and if any children were born during the marriage. Once a complaint is made, the plaintiff must verify it through a verification. A verification is nothing more than a sworn statement that says everything in the complaint is true to the best of the plaintiff’s knowledge.
The defendant must then be served with a copy of that complaint. This is usually done through the sheriff’s department, but it can be done through certified mail, return receipt requested, or in some very rare cases, by publication. Once the other party is served and put on notice, that person has thirty days to answer that complaint. If no answer is filed within that statutory timeframe, the plaintiff can request a default judgment and obtain a divorce; otherwise, there is an answer filed.
When someone files an answer, that person will either affirm the allegations that are contained in the complaint, which means that the divorce is probably more likely to be granted, or they can challenge some of the facts alleged in the complaint. If any of the allegations are challenged, more than likely the case would then involve further court proceedings and at least one hearing in front of a judge.
What Can Be Some Reasons For Someone To Seek Modifications After A Divorce Has Been Finalized?
Many times the female spouses wish to resume the use of their maiden name, and in our divorce orders, we are allowed to do that when seeking a divorce for an additional ten-dollar fee. This action does not really modify the divorce order, it is just a separate action if done after the fact.
For more information on Family Law In North Carolina, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 336.306.8644 today.