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Divorce & Separation

Divorce & Separation

The prospect of filing for a divorce can be an overwhelming task. At Crossroads Family Law we seek to make the experience as quick and painless as possible. Absolute Divorces do not have to be long and stressful with the right attorney handling your case. If you and your former spouse agree on when the relationship ended we can streamline the process. We may even help you avoid ever going to court.

When the date of separation is an area of disagreement an absolute divorce may not be possible until the date is resolved. Other issues of concern in a divorce are property division, alimony, custody, and child support, and, are more complicated and often done separately from the divorce. Crossroads Family Law is here to provide legal assistance to clients in need of representation for these types of matters in Fayetteville, Hope Mills, Raeford, Spring Lake, and surrounding areas.

When does North Carolina allow me to get a divorce?

North Carolina permits a married couple to obtain a divorce only after they have lived separate and apart for a year. In addition, the couple must have lived separately because of the end of their relationship and one of the parties must have been a resident of North Carolina for at least six months before filing for divorce. Without residency of one of the parties, North Carolina may not have jurisdiction to effectively grant a divorce. Our divorce attorney will help you find your available options for when and how to complete your divorce proceedings.

North Carolina also allows individuals to file a claim known as Divorce from Bed and Board. This is a legal separation and in no way dissolves a marriage.

Divorce from Bed and board has limited utility and can only be granted if one or more of the following grounds exist:

·      Abandonment

·      Adultery

·      Cruel Treatment

·      Extreme use of drugs and/or alcohol

·      Indignities

·      Malicious removal from the home

When any of the above exist, you may have a valid claim for legal separation. The establishment of these acts of marital misconduct may be helpful to support a claim for alimony. Although you are not required to file for divorce from bed and board to address custody, child support, property division, or alimony, sometimes it is best to file for all claims at once. Contact Crossroads Family Law for our Fayetteville, NC divorce attorney to advocate for your best interest throughout the process.

What if we know we already agreed on how to end things?

In the best of circumstances, couples can come to an agreement in advance. There is absolutely nothing wrong with protecting yourself and avoiding court. A prenuptial or postnuptial agreement may be the best option for you and your spouse.

Where possible custody, child support, alimony, and property division can all be resolved in a separation agreement. Our family law attorney will assess the needs of your agreement and create an agreement that is binding and enforceable with the court. If proceedings have already begun, a settlement may be best. At Crossroads Family Law we will determine what the likely outcomes are and provide you with representation that seeks to accommodate your needs and provide you with a realistic outlook for your case. Our Fayetteville, NC divorce lawyer has experience handling both contested and uncontested cases and can provide knowledgeable legal advice. ​Contact us for advice on your matter! (910)-240-2217.