Divorce & Family Law

It is in a person’s best interests to hire an attorney for his or her case, one who is committed to not only educating him or her about rights and obligations, but who is also there to serve as an advocate. A good family law attorney knows the law inside and out and stays current on updates that may affect the case. A good attorney also knows important deadlines and the proper procedure for filing documents at the court. Many attorneys have good relationships with judges and other attorneys, who can often help an individual’s case.

When a person contacts Smith Debnam for help with a family law issue, he or she first speaks with a knowledgeable paralegal who will ask some questions about the case and can schedule a consultation with one of our attorneys. The consultation is an important step in the process. It gives the client an opportunity to ask detailed questions and evaluate if the attorney is a good fit for his or her case. When clients come in for the initial consultation, they need to bring any documents that are relevant to the matter. For example, clients should bring previous agreements or court pleadings that the attorney will need to review to advise them correctly. If they are coming in for a consultation to begin the separation process, clients should bring documents evidencing marital debts and assets. Once an individual chooses to retain the attorney for his or her case, that client is assigned a paralegal to walk them through the process. That paralegal will assist the client in preparing the documents necessary for the court process or work with him or her to gather documents necessary to negotiate settlement documents. The paralegal will also be in regular contact regarding approaching deadlines. The attorney educates clients about their rights and obligations and sets goals and milestones based on specific situations. Being honest about all the details of the case from the beginning is essential to the process. We want all of our clients to feel comfortable with our attorneys and trust that they will guide them in the right direction and help make responsible decisions for each family.

In North Carolina, there is a filing fee payable to the clerk of court in the county in which the action is being filed to initiate the lawsuit for a divorce. Additionally, there is a fee for service or actual delivery of the lawsuit to the opposing party. Service is typically accomplished by certified mail or by sheriff, and those costs vary. The filing fee for a claim for absolute divorce is $225.00 The service fee for the sheriff’s office is $30.00 Certified mail varies in cost, but it is typically $4.00 – $6.00 If a person chooses to hire an attorney to handle his or her divorce, that attorney will charge a reasonable fee for the time spent to draft the necessary documentation to complete the divorce and to appear in court on his or her client’s behalf, if necessary. The best way to get an estimate for the total cost of a divorce is to set up an initial consultation with an attorney to review the details of the case.

t often takes longer than a client believes it should to get a divorce. The actual dissolution of a marriage can generally take as little as 45 – 60 days, but resolving other issues regarding child custody, child support, alimony and/or property division can take months to conclude, if not longer.

North Carolina divorce laws state that once a couple has been separated for one year, either spouse may file a lawsuit asking the court to dissolve the marriage. However, handling the other issues surrounding the divorce including child custody, child support, alimony and/or property division may not be as simple. Assuming all of the other issues are resolved, obtaining a divorce is a relatively simple process.

If a spouse will not agree to separate, the other spouse may have several options. In some instances, it may be advisable for the spouse desiring a separation to make the first move and actually leave the marital residence to begin the period of separation. Depending upon the specific facts, other options may be available. Every option carries with it some level of risk, whether legal and/or financial. For that reason, it is always advisable to seek the legal counsel of an attorney regarding the rights, risks, and obligations triggered by a separation before deciding to initiate a separation.

A married couple must be separated for at least one year before either spouse can file for the divorce.

A husband and a wife become separated only when they begin living apart from each other, in different residences, with at least one of the spouses intending for the separation to be permanent, and the separation remains permanent. A couple, by their actions, can resume their marital relationship following a separation. In that event, their original date of separation no longer applies. The date of separation is important for at least two reasons:

1. It starts the clock running on the one-year waiting period that is required for filing a divorce.
2. It is the date upon which the marital property and debts are valued for the purpose of being divided.