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DIVORCE AND FAMILY LAW

MONROE DIVORCE ATTORNEY

There are three general divorce law requirements to file divorce papers and obtain an absolute divorce in North Carolina. First, either you or your spouse must live in the state for at least six months prior to filing the action for an uncontested divorce. Second, you and your spouse must have lived separate and apart for at least one year. Third, during the one year separation period, either you or your spouse must have the intent to not resume the marital relationship. To begin the divorce process, the divorce complaint which is a divorce form is filed with the clerk of court in the county where you reside. The complaint is then served on your spouse either by certified mail or delivery by your local sheriff’s office. After a period of time, the judgment of divorce is signed by a judge, assuming there are no issues in dispute regarding the three general requirements as set forth above and it is an uncontested divorce. An absolute divorce does not require any grounds for divorce or cause of divorce and is not considered to be an at fault divorce. It is important to understand that the granting of an absolute divorce does not settle any other pending or unresolved issues regarding your marriage, such as alimony, property distribution which usually require divorce mediation to reach a divorce settlement.

The outcome of the divorce is simply that you and your spouse are no longer married and no longer are coping with the divorce process. All other issues must be handled either by another court proceeding or agreement between you and your spouse. The entry of a judgment of absolute divorce into the divorce records cuts off many important rights either party may have, including alimony and equitable distribution, if such claims are not filed or otherwise resolved prior to the entry of absolute divorce. An uncontested divorce is a quick divorce and cheap divorce in comparison to a contested divorce. When filing for a divorce it is essential to remember that divorce and children go hand in hand when looking at child custody and child support. Contact a Monroe divorce lawyer today for divorce advice and provide us with your online divorce information.

MONROE CHILD CUSTODY INFORMATION

The issue of child custody law can be very contentious and emotionally-charged since it deals with the issues of a father's child custody rights and a mother's child custody rights. Child custody cases can be agreed upon outside of the judicial process through a child custody agreement that outlines a child custody schedule, but very often these are difficult matters to resolve outside of child custody court due to the personal nature of the issue. Therefore, it is often necessary to file a complaint which is a child custody form for child custody cases and ask a judge to make the decision after the parents have first went to child custody mediation. After child custody papers are filed a judge will consider a variety of factors in determining who is entitled to child custody rights and child custody visitation, but the court must find that the parent who is given custody is a fit and proper person to have custody and that an award of custody to that parent is in the best interest of the child. On that basis the court may award joint child custody or sole child custody to either parent.

Custody can take several forms and there are many labels given to the types of custody the court awards. Legal child custody refers to a parent’s ability to make major decisions affecting the child, such as decisions regarding education, health care, and religion. Physical child custody refers to where the child will actually reside. Primary child custody is given to the parent with whom the child will live with the majority of the time. Generally, the parent not being awarded primary child custody will be awarded some sort of child custody visitation. Most often, the parents of the child are the parties asking the court to determine custody, but the law enables grandparents and third parties to also file for custody of a child under certain circumstances. Contact a Monroe child custody lawyer today for child custody advice.

WHAT IS ALIMONY?

Alimony is financial support that is paid from one spouse to another after the legal separation and/or absolute divorce of the parties. It should be noted that a spousal support claim must be filed before an absolute divorce is granted to either party. Alimony is paid by the supporting spouse to the dependent spouse of the marriage and is based on several factors, including income. Alimony can be temporary and such type of alimony is called post-separation support. These payments serve to financially support the dependent spouse until such time as permanent alimony can be determined. “Permanent alimony” can either be for an indefinite term or for a specific period. It is paid by the supporting spouse to the dependent spouse for such period and in such form as determined by a judge or agreed upon by the parties in a separation agreement. A judge is allowed to consider a variety of factors that serve as an alimony advisory guideline in calculating alimony, who receives alimony and for how long. Contact a Monroe alimony lawyer to assist you with your alimony support calculations.

OTHER FAMILY LAW AREAS.

• Pre and Post Nuptial Agreements
• Separation Agreements
• Property Distribution
• Adoption
• Paternity
• Birth Certificate Changes
• Enforcement of Court Orders or Contempt Proceedings
• Modification Proceedings relating to Child Support, Child Custody or Spousal Support
• Domestic Abuse and Protective Orders

Contact a Monroe family lawyer for legal advice in any of these areas.