Holly Springs Family Law Attorneys
If you’re in the midst of a custody battle, divorce, or another family law matter, contact Marshall & Taylor PLLC immediately. We might be able to represent you and try to reach a positive resolution to the dispute you face.
It’s usually not an easy decision for anyone to file for divorce. Dissolving a marriage means negotiating a range of terms regarding your assets, children, and other important issues. It’s an emotionally charged situation and can lead to ugly fights and courtroom battles.
Marshall & Taylor PLLC knows the legal, financial, and emotional effects of going through a divorce. Our legal team is ready to be your advocate and protect your rights, interests, and future. We can help you resolve the elements of your divorce with your spouse amicably so you can leave the marriage with everything you’re entitled to.
Call Marshall & Taylor PLLC at (919) 833-1040 for your confidential consultation with one of our experienced and aggressive family attorneys in Holly Springs, NC, today.
Family Law Cases Marshall & Taylor PLLC Handles
Marshall & Taylor PLLC represents our clients in various types of divorce proceedings, including:
- Property division
- Mediated divorce
- Collaborate divorce
- Alternative dispute resolution
- Uncontested divorce
- Contested divorce
We also take family law cases, including:
Reach out to Marshall & Taylor PLLC to learn about your available legal options for the family law matter you face.
What Is the Difference Between an Uncontested and Contested Divorce in North Carolina?
There are two types of divorces you can have in North Carolina – contested divorce and uncontested divorce.
A contested divorce involves elements of divorce you and your spouse can’t resolve. You have to take your case to court so a judge can review the circumstances and settle the legal aspects for you.
In an uncontested divorce, both parties agree to the divorce terms. Neither person chooses to argue about issues that would result in any legal proceedings.
Typically, a divorcing couple can resolve the division of assets, child custody, and other aspects amicably. This type of divorce is easier than a contested divorce because you have more control over the outcome. You and your spouse get to negotiate all matters without a judge intervening.
Filing for a North Carolina Divorce
Every divorcing couple must meet specific conditions of a divorce to proceed:
- At least one spouse must reside in the state for six months or longer before filing for divorce
- The parties must live apart for at least twelve consecutive months before filing
North Carolina is a no-fault divorce state. The marriage doesn’t have to end because of a significant event. There’s no need to prove your spouse did something to cause the end of your marriage, such as adultery, abandonment, or domestic violence.
Why Choose Marshall & Taylor PLLC?
Whether you or your spouse decide it’s time to file for divorce, you face a challenging experience. It’s overwhelming to deal with the legal matters of the divorce process while coping with the end of your marriage. You face an uphill battle negotiating child visitation, property division, and alimony.
The Holly Springs family attorneys of Marshall & Taylor PLLC know state laws and how to handle any complex issues you face. We can provide the guidance you need to navigate the confusing elements of a divorce. You can count on our team to fight by your side until the end.
At Marshall & Taylor PLLC, we provide legal representation for the most complicated matters involved in a divorce.
North Carolina General Statute § 50-20 divides property into three separate categories:
- Marital property – Real and personal property one or both people acquired while married but before the separation date is considered marital property. Motor vehicles, bank accounts, retirement plans, and real estate are common examples.
- Separate property – Separate property is any personal or real property one person acquired while married or before entering the marriage. Types of separate property include a gift given to one spouse by a third party, a home bought before marriage and an inheritance from a family member.
- Divisible property – Divisible property refers to property, such as dividends and interests, including additional passive income one party receives after the date of separation and all diminution and appreciation in marital property and divisible property after separating but before the distribution date plus other property considered under state law.
Typically, the court divides property between two spouses according to equitable distribution. It’s critical to understand equitable doesn’t necessarily mean a 50/50 split. Sometimes dividing property unequally is the most equitable.
For example, if one spouse works but the other doesn’t, providing the unemployed spouse with a higher dollar value of assets might be more equitable. The court will consider all relevant factors during property division, such as each person’s age, income and earning capacity, health, debts, and contributions to the marriage.
Child Custody and Support
North Carolina General Statutes 50-13.1 through 50-13.9 sets guidelines a judge can use to settle child custody and child support matters. North Carolina courts enter a judgment based on what’s in the child’s best interests.
The judge handling your case can consider a range of factors involved and use the guidelines to determine who your child should live with and whether the other parent should pay child support. The primary goal of settling these disputes is to place kids with a parent who can provide a stable and safe environment to meet the kid’s needs.
If you are unemployed or don’t have the financial ability to support yourself upon finalizing your divorce, you might be entitled to alimony from your ex. You could file a petition with the court for alimony payments. The judge can review various factors to determine whether you qualify for alimony, such as:
- Whether your spouse is the supporting spouse
- Whether you are the dependent spouse
- Awarding alimony is equitable after reviewing relevant factors, such as the income of each party, the duration of the marriage, and whether the divorcing couple shares children
If you’re pursuing a divorce or another family law case, contact Marshall & Taylor PLLC today for your initial and confidential consultation.
Our Holly Springs family attorneys will tirelessly work to meet your needs and try to reach your desired outcome. You can expect to receive one-on-one attention throughout your divorce, so you understand your rights and the steps involved.
Call Marshall & Taylor PLLC at (919) 833-1040 right now and let us help you navigate this challenging time in your life.