Greensboro Divorce Lawyers

Understanding Divorce in Greensboro, NC

In North Carolina, divorce is legally defined as the termination of a marriage by a court order. The state follows a no-fault divorce policy, meaning that neither spouse needs to prove wrongdoing by the other to obtain a divorce. Instead, one party must show that they have been separated from their spouse for at least 12 months. 

During this separation period, couples must live apart while addressing issues such as asset division, child custody, and support obligations. Once the 12-month separation period has passed, either spouse can file for divorce. 

At least one spouse must have been a resident of North Carolina for at least six months before filing for divorce. Understanding these basic principles is crucial for anyone considering divorce in Greensboro, as it sets the stage for navigating the process effectively.

What Types of Divorce Are Available in North Carolina?

After the period of separation has ended, a couple may file either a contested or uncontested divorce. 

• Uncontested Divorce - An uncontested divorce in North Carolina is a no-fault divorce where both spouses agree to the terms of the separation, including child custody, child support, spousal support, and property division. An uncontested divorce generally takes less time to resolve than a contested divorce, and usually costs less in terms of legal fees.
•  Contested Divorce - When neither spouse can agree with the other on the terms of a divorce, then they must file a contested divorce. During a contested divorce, the separated couple will need to appear in family court in order to have the terms of their divorce finalized.

What Terms Must Be Decided During a Greensboro Divorce?

When a married couple agrees to divorce, they must begin a year-long physical separation from each other. This will no doubt bring up a number of issues that need to be resolved immediately, and that is where a skilled divorce lawyer comes in. The experienced team at Roupas Law Firm, PLLC is ready to help you negotiate the following agreements, and more!

• Asset Division - We help identify, value, and divide marital assets and debts, ensuring a fair settlement is achieved.
• Child Custody Arrangements- Our attorneys can negotiate child custody and visitation agreements that prioritize the children's best interests.
• Child Support and Spousal Support- We calculate and negotiate support payments, ensuring compliance with state regulations while addressing the financial needs of the involved parties.

How Long Does a Divorce Take in North Carolina?

The time frame for a divorce in Greensboro depends on a number of factors, but mostly it will be determined by the type of divorce a couple files for.

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.

Does It Matter Who Files for Divorce First in North Carolina?

In Greensboro, 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.

Who Has to Leave the House in a Separation?

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 North Carolina Divorce?

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.

What Is Equitable Distribution?

North Carolina is one of 41 states that uses the principle of equitable distribution when dividing 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. 

With our dedicated divorce lawyers in Greensboro, NC, by your side you don't have to worry-We will work tirelessly to achieve a fair outcome for you 

A Timely, Trusted & Effective Greensboro Divorce Lawyer

We know how much our clients rely on a fair divorce settlement, and we understand how much they count on their legal counsel to be on top of everything and working efficiently.

Contact Roupas Law Firm today at (336) 850-5525 or right here online to set up a consultation.