When you decide to get a divorce because of irreconcilable differences or a general breakdown of the marriage, a no-fault divorce can make that process easier. In many cases, a no-fault divorce is less contentious as both partners work together to end the marriage. However, even when you and your former spouse agree, working with a Gastonia no-fault divorce lawyer can prove essential to protecting your rights throughout the process.
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In North Carolina, spouses seeking a no-fault divorce must satisfy specific requirements. Although fault does not need to be proven, the spouses must meet these conditions to proceed with the divorce process. At least one spouse must have lived in North Carolina for six months before filing. In addition, at least one spouse must intend to end the marriage. The spouses must also live separately for twelve consecutive months before the divorce may be granted. A Gastonia no-fault divorce attorney could provide guidance to ensure these requirements are met.
While a no-fault divorce often means the end of a marriage on reasonable terms, the spouses can still find themselves disagreeing about several key factors. A no-fault divorce lawyer in Gastonia could help their client protect their rights as they navigate that process.
During the separation period, one spouse may petition for financial support or assistance from the other. This support can give a lower-earning spouse time to seek another job, seek an education, or otherwise improve their financial status during the mandatory separation period. In some cases, this post-separation support may be different from the alimony or support laid out as part of the final divorce agreement.
Alimony, also called spousal support, refers to longer-term financial support for a spouse with a lower earning capacity. Courts determine spousal support based on factors such as the length of the marriage, the lifestyle during the marriage, and each spouse’s earning potential. A court may also consider actual income and circumstances, such as disability that could limit one spouse’s ability to earn.
As part of both the separation and the final divorce process, spouses with children will need to make arrangements for their children. Child support may be determined based on who has primary custody and care responsibilities for the child or children, while child custody is generally intended to reflect the best interests of the child. A divorce lawyer could make sure that the parents understand their rights.
Asset distribution can be one of the most difficult parts of a no-contest divorce, especially if the spouses do not have a prenuptial or postnuptial agreement in place. A talented divorce lawyer could assist with mediation and make sure both spouses understand their options when the time comes to divide assets.
Whether you are in the early stages of your divorce and planning the separation process or you are ready to finalize your divorce, a Gastonia no-contest divorce lawyer can prove essential. At the Law Offices of Regina M. Taylor, you will find the legal support and representation you need as you move through this often complicated process. Contact us today to learn more.
