Greensboro Divorce Lawyer

When clients come to us in need of help with a divorce settlement, they are often going through a period in their lives that is somewhat chaotic. Everything they and their spouse own are being put on a negotiating table and divided up. The equity of the final settlement can go a long way towards determining the quality of a client’s life moving forward. With so much uncertainty going on around them, people need to know that a reliable family law attorney has their back. That’s where we come in. 

The Greensboro divorce lawyer at Roupas Law Firm has over 25 years’ experience in legal practice and it’s now over 17 years since Attorney Tom Roupas founded our law firm. That experience gives us the nuanced understanding of North Carolina law that our clients rely on. Furthermore, we deliver our reasoned legal counsel in a manner that is efficient, and respectful of the client’s time. 

Facing a Difficult Divorce in Greensboro, NC? We Have Experienced Family Law Attorneys for You

Our Greensboro family law attorneys know how to research, and we know how to fight through the legal system. Our Greensboro office serves clients throughout Guilford County and all over Alamance, Rockingham, and Randolph county, North Carolina. 

Get Started Today! Call a Divorce Lawyer in Greensboro, NC, at (336) 850-5525 or or Contact Us Online to Set Up a Consultation!

Equitable Distribution in a North Carolina Divorce

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.

Find Peace of Mind by Calling (336) 850-5525 and Talking to a Greensboro Divorce Attorney About Your Case and a Consultation!

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. Good family law attorneys with diligent staff make sure they’re combing over every detail in pursuit of a fair settlement for their clients. 

Who Has to Leave the House in a Separation in NC?

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 Divorce in NC?

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. 

How Long Does a Divorce Take in NC?

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.

What is an Uncontested Divorce in NC?

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.

Does It Matter Who Files for Divorce First in NC?

In North Carolina, 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.