Family Law / Divorce

Divorce

Families involved in strife and discontent, need support in order to make informed decisions calmly at difficult times. Even an amicable divorce can be emotionally trying for everyone, especially when children are involved. Many complex issues may complicate the divorce process such as child custody, child support, equitable distribution of marital property and alimony. It is essential to have a good attorney advising you each step of the way. Though all of these issues do not have to be decided before the divorce is final, failure to assert your rights to alimony and equitable distribution, for instance, before the divorce is granted will bar you from seeking relief on those claims afterward.

The importance of retaining a skilled divorce attorney cannot be stressed enough in protecting your parental and financial rights. While many cases can be settled amicably, it is to your benefit to have a lawyer stand up for you and your children. Hopper Law Firm has the experience and skill necessary to protect your family. We understand the difficulties and confusion that most family law cases present. That is why our team of professional attorneys strives to provide each individual client with the knowledge, communication, attention, and dedication they deserve.

At Hopper Law Firm, we work hard to represent the best interests of mothers, fathers, children, and grandparents by providing the necessary professional support to help our clients navigate the various legal avenues of divorce:

Divorce in North Carolina

In the state of North Carolina, two grounds for divorce are recognized:
Assertion, under oath, that you and your spouse have lived separate and apart for a minimum of one year (not just in separate bedrooms of the same house) with one or more of the spouses having the intent, for the whole year, that the parties will remain separate and apart permanently.
Incurable insanity of a spouse (although accusations are often made by divorcees, this is rarely used by the courts).

Like most states, North Carolina is a “no fault” divorce state. This means that neither party has to prove marital fault (e.g., because of habitual drunkenness or addiction, adultery, domestic violence, cruel & abusive behavior, or economic fault).

Filing Requirement

Assuming grounds for divorce have been established, there is just one requirement for filing for divorce in North Carolina: one of the parties, either you or your spouse, must have lived in the state for six months prior to filing for divorce with the clerk of court in the county of residence.

Divorce by Clerk of Court

As a public service, the office of the Clerk of Court Civil Division provides information packets containing prepared forms for assistance in obtaining an uncontested divorce. (Please note that the Clerk’s Office personnel are prohibited by law from offering legal advice, and that includes assisting you in any manner regarding the completion of the information packet.) In some cases, all of the legal documents can be filed with the court, and the judgment can be sent to you in the mail. The court could request a formal hearing. At a formal hearing, the divorce case must be presented from the beginning. In most uncontested cases, however, all questions relating to the divorce are settled prior to the actual hearing (or trial). Thus the hearing (or trial) often lasts only minutes.

However, the information packet does not address any other domestic issues that may arise from a divorce including child support, child custody, distribution of property, or spousal support. It is strongly recommended that you seek competent legal counsel to help you with your rights and all other legal issues surrounding your divorce.

Divorce by a Judge

Once a divorce complaint has been filed at the courthouse, the attorney will serve a copy of the summons and complaint, by sheriff or by certified mail, on your spouse. If no answer (a formal response filed by your spouse) is filed within thirty days after service, you will probably be granted a divorce by summary judgment or default. If your spouse contests the divorce action by filing an answer denying one or more of the statements in your complaint, a hearing will be set during which the two of you can testify and the judge can decide the key factual issues that are in dispute.

Seek Legal Counsel

Divorce is an emotionally taxing ordeal and rarely a simple matter. To protect your rights, we strongly urge you to seek legal help if you are involved in or thinking of a divorce.

If you would like further information regarding the divorce process or have questions regarding your individual situation, please contact us today to schedule a consultation with one of our experienced Family Law attorneys.

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Areas We Serve

The attorneys of Hopper Law Firm have practiced law predominantly in Raleigh, North Carolina (Wake County) and the greater Triangle area since 1994. However, depending upon the nature of the case, we often serve clients in the surrounding counties, including: Durham, Chatham, Orange, Johnston, Franklin, Harnett, Guilford, and Cumberland.