Divorce Attorney in Raleigh, North Carolina

As experts in family law, at Charles R. Ullman & Associates, we recognize the difficulties someone preparing for a divorce may encounter.

We leverage our extensive experience to assist you in navigating the complex divorce process. We strive to provide you with the necessary assistance to make the best possible choices for your future.

North Carolina falls under the category of “no-fault divorce” jurisdictions. In other words, you’re not required to demonstrate spousal misconduct, such as infidelity, abusive conduct, financial irresponsibility, or chronic intoxication or substance abuse, to secure an absolute divorce in our state. Instead, you’re required to prove one of two conditions: a one-year separation period or irreparable mental illness.

Our team of dedicated divorce attorneys at Charles R. Ullman & Associates, based in Raleigh, NC, can assist you in ascertaining your eligibility for a North Carolina no-fault divorce on these grounds, whilst clarifying the significance of hiring a lawyer.

We possess the necessary expertise, experience, and empathy to help you achieve your objectives. We invite you to have a private conversation about your situation.

Reach out to us today, or use our online platform to arrange a confidential consultation at our offices, located in the historic Wyatt House in the heart of downtown Raleigh. We proudly provide services to clients across Wake County.

Overview on Divorce Proceedings in North Carolina

Divorce is not only emotionally difficult, it is a complex process. To ensure you understand all your legal options, you should speak with an experienced Raleigh divorce attorney. There are several concepts specific to North Carolina you should know before you begin your divorce process.

Gather Financial Information For You and Your Spouse

How much you and your spouse earn and spend will be key issues when determining spousal support and child support. You can prepare by gathering all financial information. You should compile information that includes bank statements, tax returns, pay stubs, stock certificates, IRA/retirement accounts and pension information for you and your spouse. Make copies of important documents. Store them in a safe place. You should also track down your expenses. How much do you spend on mortgage or rent payments, utilities, food and grocery shopping, clothing and educational expenses? Make sure to have documents such as receipts or bank account summaries that show these expenses.

Make a list of all your real and personal property.

Any separate property you brought into a marriage will remain separate in a divorce. However, marital property will be divided between you and your spouse. Generally, this is property that you and your spouse acquired after getting married and before the date of your separation. You should make a list of all this property. The list should include real property such as a home or land you purchased. It should also include all personal property. Examples include cars or other motor vehicles, appliances, furniture, entertainment systems or athletic equipment. Make copies of relevant documents such as deeds, vehicle titles or receipts. As with your financial information, keep these documents in a secure place.

Establish a budget

In North Carolina, a divorce can be obtained if you live separate and apart from your spouse for 12 months. You will need money to live on during that period. You will need to set a budget. Setting this budget can help if you are seeking alimony or child support during the separation. If you aren’t going to seek this support, you will at least know what it will take to pay your bills and handle your other expenses while waiting for the divorce to be final.

Make living arrangements

If you plan to move away from the marital home when you separate from your spouse, you will need to make living arrangements without delay. This is because it can take a long time to find the right home or apartment that fits within your budget. This is especially true if you are seeking to remain close to work or within a specific school district.

Open personal mail and financial accounts

You should open checking and savings accounts in your name before you separate from your spouse and start the divorce process. You should consider opening these accounts at a bank other than the one where you held a joint account with your spouse. You may also need to open a new credit card account. Again, do this in your name only. You should also get a new mailing address. You want all financial-related mail and legal mail to go directly to you. We suggest a Post Office Box address. You can start receiving mail at this address before you separate from your spouse. A P.O. Box also won’t reveal where you live after separation (if you wish to withhold that information from your spouse).

Make changes to legal documents

If you wish, you should make changes to remove your spouse from your will, living will or healthcare power of attorney. It’s not something you want to think about, but you could be involved in an accident or suffer a health crisis during separation. You will want to have your legal documents in order. You may also want to make changes to your life insurance coverage or other policies in which your spouse is named as a beneficiary.

Notify your child’s school, daycare or relatives looking after your children

You may wish to keep your divorce private. That’s understandable. However, when children are involved, it’s a good idea to inform their school or daycare about your situation. A teacher may be sensitive to your child’s needs during this situation. The school or daycare should also know which parent will be picking up a child and making decisions for the child. The same applies if your child is being looked after by a relative during the day.

Meet with a divorce lawyer

The most important step is to meet with a divorce lawyer. Do your research. Find a lawyer that you believe has the skill, knowledge and experience to guide you through your divorce. You also want a lawyer who will take the time to listen to you and understand your needs and goals. Schedule a consultation. Get to know the lawyer and allow the lawyer to get to know you. At Charles R. Ullman & Associates, we believe that the initial consultation is one of the most important steps in the process. We can meet at our Raleigh office or a more convenient location. Our consultations are always completely confidential.

What to Know to Get Started in the Divorce Process

The decision to end a marriage is tough, particularly when children are involved. Once the decision is taken, you may need to know what is involved in the process by receiving help from someone who understands family law. When you work with Charles R. Ullman & Associates, our dedicated Raleigh divorce attorney will stand by you every step of this process.

• North Carolina is a no-fault state, which means that you do not need to prove marital fault in order to obtain a divorce. You do have to live separately and apart for at least one year with the intent of permanent separation before you can get a divorce.
• Our firm can prepare a separation agreement containing the terms of your divorce, to be signed by both spouses when you separate. The agreement will address issues such as property and debt division, child custody, child support, visitation, and spousal support.
• After a year of separation, you may file for divorce with the court. Our firm can prepare and file the paperwork for you and arrange for your spouse to be served. You must wait 30 days (40 in some cases) after service to request a hearing, during which time period your spouse may file an answer to your complaint with the court.
• You should personally attend the hearing, as the judge will have final say over the terms of your divorce. The judge’s decision will make your settlement agreement (possibly modified by the judge) into a binding legal agreement.

Ground for Divorce Proceedings in North Carolina

In order to initiate an absolute divorce process in North Carolina, a couple must have lived separately for a period of one year, with at least one party having resided in the state for a minimum of six months. The criteria for this form of divorce comprise two distinct elements:

1. Living Separately

For a divorce to be granted in North Carolina, the spouses must have lived separately and independently for an entire year. Simply occupying different rooms or portions of the same residence does not fulfill the criteria necessary to institute divorce proceedings. It is critical to note that if the couple recommences their marital relationship or reconciles, the one-year duration resets.

For instance: You may separate from your spouse for nine months, reunite, and then separate once more. In this case, you must live independently for the next 12 months or one year, to meet the requirements for an absolute divorce. The prior nine months of separation are disregarded.

What does reconciliation entail?

Reconciliation may vary depending on the specific circumstances. A single reunion may not be interpreted as reconciliation, but frequent ones could be. If you publicly present yourselves as a married couple, it could be classified as reconciliation.

The starting date of your separation carries significance. Besides initiating the one-year timeframe for the divorce process, it could also be used as the reference point for assessing the value of your marital assets during property division.

2. Residency Requirements

One prerequisite is that at least one spouse must have established a physical presence in North Carolina and demonstrated the intent to stay indefinitely in the state for a minimum of six months preceding the divorce filing. This is referred to as residency.

How Does Mental Illness or Insanity Play a Role in Divorce?

If you and your spouse have lived separate and apart for at least three years due to the spouse’s “incurable insanity,” you may qualify for a no-fault divorce as well. What constitutes incurable insanity? Under North Carolina law, this means that the spouse was either adjudicated insane within the three-year period, institutionalized for that period or can otherwise be deemed to be incurably insane.

Also, you will need to present expert testimony. At least two doctors must testify that the spouse’s insanity is “incurable.” And at least one of those doctors must be a psychiatrist at one of the state’s four-year medical schools.

Regulations on Property Distribution and Divorce in North Carolina

A crucial element of divorce proceedings involves the reallocation of marital assets and liabilities. In North Carolina, this can be resolved through one of three ways:

• A separation agreement (mutually agreed upon and signed by both spouses),=
• An equitable distribution court order (as decreed by the court),
• A consent judgment (agreed upon by the spouses and endorsed by the court).

The process of distributing marital assets involves three primary steps. Firstly, all assets need to be identified and categorized as either separate or marital. Secondly, a monetary value must be assigned to each asset. Lastly, the assets should be divided either fairly or equally.

In North Carolina, the courts lean towards a balanced 50/50 division of debts and assets. They take into account various factors when deciding the distribution of marital assets. However, marital misconduct is not a factor considered, unless the misconduct has depreciated the value of the marital estate, like imprudent expenditure or the concealment of financial accounts.

Alterations to Tax Obligations Post-Divorce

When crafting your separation agreement, our experienced divorce attorney will take into account the probable tax implications arising from the division of assets and the worth of the property you acquire. If the marital property is sold to distribute the proceeds, capital gains tax could be applicable.

When it comes to divorces involving children, it must be determined which parent is eligible to claim them as dependents on their tax forms. In some scenarios, parents may alternate years for claiming, which should be outlined in the separation agreement.

A spouse receiving alimony is obligated to pay taxes on that income, while the spouse making the payments can claim a deduction. However, child support payments are neither tax-deductible for the payer nor taxable for the recipient.

Legal Implications for Children During a Divorce

The principal concern for most parents undergoing divorce is the impact it will have on their children. Ensuring the emotional and material welfare of the children is paramount when establishing the terms of a separation or settlement agreement.

Child support payments aid in catering to the children’s financial necessities. The stipulations of child custody in a parenting agreement can assist in guaranteeing that children have ample time with both parents. Whether the custodial parent remains in the marital home can influence the children’s sense of security and stability.

In the context of North Carolina divorces, one parent usually obtains physical custody of the child, while the other is granted visitation rights. This is among the most emotionally challenging aspects of divorce, as both parents desire to maximize their time with their children and have an influence on decisions impacting their lives. If child custody is disputed, the court will make a decision based on the child’s best interests.

Tips from Our Raleigh Divorce Attorneys

It is important to be informed about the documentation you should gather before you proceed with your divorce, and about what information your spouse may use against you. Our experienced attorneys will help you better understand how each of these factors plays a role.

Our Compassionate Divorce Attorneys in Raleigh Are Here For You

Because neither party has to prove marital fault in order to obtain the divorce, “no-fault divorce” grounds generally are the most straightforward and easiest to prove. However, as you can see above, there are still nuances involved in the process. That’s why it’s important to work with an experienced Raleigh, NC divorce lawyer when seeking such a divorce. Additionally, matters related to a divorce need legal attention. For instance, you must assert your rights to alimony and equitable distribution of your property before a divorce is finalized.

At Charles R. Ullman & Associates, we recognize that when it comes to divorce, the consequences for you and your family are quite serious. We’re here to help. Learn more about how to choose an attorney to represent you. If you would like more information, or to schedule a confidential consultation with our Raleigh divorce lawyers regarding your no-fault divorce options, contact us by calling us toll-free or by filling out our online contact form.

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About Charles R. Ullman & Associates

Charles Ullman & Associates provides you respected, experienced and knowledgeable divorce and family law attorneys. You can trust us to help you through the legal process efficiently and effectively so you can transition to the next phase of your life. Our community involvement reaches beyond charitable support of important causes. We launched our own movement in Fraternities4Family and provide scholarships to able students in need.