Divorce & Separation
Dealing with Separation and Divorce can be difficult and stressful. At Fisher Law Group, our goal is to work with our clients and their families to help ease the burden and provide them with a safe atmosphere while we work to achieve the best possible outcome.
When most people use the generic term “divorce”, they are referring to an “absolute divorce”. In order to obtain an absolute divorce in North Carolina, the following criteria must be met:
- The parties were legally married;
- One or both of the spouses must have lived in North Carolina for at least six (6) months prior to filing;
- The parties must have been separated for at least one (1) year with a desire to end the marital relationship.
Absolute divorce will result in the dissolution of the marriage; however, it will not address the division of property, alimony, child support, or child custody.
At Fisher Law Group, we understand the emotional, physical, and financial toll created from the separation process. Every situation is unique and requires a specialized plan of action. If you or a loved one are contemplating divorce or have been served with divorce papers, contact our office so that we can address your concerns and help you down the appropriate path.
In North Carolina, an absolute divorce requires the parties to live separately for one (1) year. As a result, it is advantageous to have a legally binding contract specifying the terms of the separation. Separation agreements may include the following provisions:
- Real Property Division
- Personal Property Division
- Post-Separation Support
- Child Support
- Child Custody
It is important to have a complete understanding of any contract or agreement before you sign. At Fisher Law Group, our attorneys will work with you to draft an agreement based on your needs. If you have been presented with a proposed separation agreement, we can review the document with you, suggest revisions, and ensure that you understand all of the terms before you sign.
The separation agreement is a document that gives the parties the power to customize their individual responsibilities in a way that works best for their situation. It can be a crucial step in facilitating a smooth divorce process. If you or a loved one is in need of a separation agreement, Fisher Law Group can help.
Post-Separation Support / Alimony
In North Carolina, an absolute divorce requires the parties to live separately for a period of one (1) year. As a result, one party may require financial support before the divorce is finalized.
Post-Separation Support is temporary financial support designed to help the dependent spouse, who lack the financial resources to meet his or her reasonable needs. Post-Separation Support is temporary and designed only to provide support pending the determination of an Alimony award.
Alimony is determined based upon a number of factors designed to help the dependent spouse to meet his or her reasonable needs. Alimony typically has a longer duration than Post-Separation Support as it continues after divorce is finalized.
Equitable Distribution is the legal term for the division of marital assets and debts in a divorce proceeding. In North Carolina, it is presumed that the property should be divided equally between the parties unless extenuating circumstances arise.
Dividing property can be a stressful and emotional undertaking. The courts look at the property as a monetary value that should be divided between the parties. At Fisher Law Group, we understand the inherent difficulty in making decisions regarding who will live in the marital home, who will take the furniture, who will be responsible for the mortgage or credit card bills.
Our attorneys will help guide you through the equitable distribution process in order to make your transition as smooth as possible.