If you’re going through a divorce, custody battle, or another matter involving family law, do not hesitate to contact Marshall & Taylor PLLC. We could represent you in your case and try to reach your desired outcome to meet your needs and goals.
Deciding to divorce your spouse isn’t a decision you came to lightly. Ending a marriage can cause various disagreements you must try to resolve. Alimony, child custody, and other issues can stir up a lot of emotion and lead to turmoil within the relationship. Unfortunately, if you don’t resolve your disputes, you might have to take the fight to court.
At Marshall & Taylor PLLC, we understand the financial, legal, and emotional struggles of a family law matter. You can count on us to advocate for your rights and try to resolve the issues you face amicably. We have the experience and skills to handle a range of cases involving divorce and other family-related legal issues.
Call Marshall & Taylor PLLC today at (919) 833-1040 for a confidential consultation with one of our Zebulon, North Carolina family lawyers and learn more about how we can help.
Cases Marshall & Taylor PLLC Can Take
Marshall & Taylor PLLC can represent you in any type of case involving divorce, such as:
- Collaborate divorce
- Property division
- Uncontested divorce
- Contested divorce
- Alternative dispute resolution
- Mediated divorce
We also take on matters involving family law, such as:
Contact Marshall & Taylor PLLC for your initial consultation with a family lawyer in Zebulon if you need help with any of the types of family law cases listed above.
Differences Between a Contested and Uncontested Divorce
A divorce doesn’t only affect the couple. Divorce’s life-altering consequences can extend to the children they share, parents, relatives, and friends. Despite the best efforts of those involved, there may come a time when people realize they need to go their separate ways. Additionally, there isn’t always a significant event that prompts a couple to decide to divorce. Sometimes, people fall out of love and know they will be happier apart.
When you file for divorce in North Carolina, you can pursue a contested divorce or uncontested divorce.
A contested divorce is a divorce involving one or many issues you and your ex can’t resolve. You require a judge to resolve the disputes you face.
An uncontested divorce means neither party involved is opposed to the divorce. Typically, in an uncontested divorce, the divorcing couple can resolve child support, property division, and other matters amicably between themselves. This is the better option to avoid an ugly courtroom battle. When you need a judge to handle the issues for you, you could end up with an outcome you don’t want.
Requirements You Must Meet to File for a Divorce in Zebulon
To file for divorce in North Carolina, you must meet these conditions:
- Both parties lived apart for at least twelve consecutive months. Living apart means they did not reside under the same roof.
- At least one party resided in North Carolina for at least six months before filing.
Since North Carolina is a no-fault divorce state, you can file for divorce without proving your spouse did something to cause the divorce, such as committing domestic violence or adultery.
Why Hire Marshall & Taylor PLLC?
You face an uphill battle once you or your spouse decides to file for divorce. The road ahead can seem overwhelming and impossible to handle. When you’re trying to settle issues, such as child custody and visitation, and property division, negotiations can become contentious.
At Marshall & Taylor PLLC, we have a team of highly skilled and aggressive family lawyers in Zebulon, NC. We can represent you in your case and walk you through each step of the legal proceedings. We will fight to try to achieve your goals and settle the matter favorably while keeping your interests in mind.
Marshall & Taylor PLLC knows what it takes to help our clients with the many elements involved in the divorce process.
According to North Carolina statute 50-20, property falls under three categories:
- Marital property – Marital property includes personal and real property one or both parties acquired during the marriage but before the date of separation. Bank accounts, real estate, and motor vehicles are a few examples of what could be considered marital property.
- Separate property – Separate property is real and personal property one party acquired before marriage or while married, such as a home bought before entering into marriage, a gift received from a third party, or inheritance from a relative. Separate property can also include any assets one party acquires after the separation date.
- Divisible property – Divisible property is property, such as interest, dividends, and other passive income a person receives after the separation date. Divisible property includes property and property rights either spouse gets after the date of separation but before the date of distribution that they earned during the marriage, like bonuses, commissions, etc. Divisible property also takes into account all appreciation and diminution in both the divisible property and marital property that occurs after the separation date but before the date of distribution.
North Carolina courts typically use equitable distribution when deciding how to divide property among a divorcing couple. Equitable distribution might sound like a 50/50 split, but it’s not necessarily how it works.
Sometimes, it might be more equitable to split property unevenly. Maybe one spouse is the breadwinner, and the other hasn’t worked in decades and could struggle to find a way to earn an income. Each party’s age, income, health, and other factors are necessary to determine equitable and fair property division.
If you don’t have the financial means to support yourself after a divorce, you could petition the court for your spouse to pay you alimony when you finalize the legal proceedings. The court will consider different factors to determine whether you’re eligible for alimony. These factors might include:
- Your spouse is the supporting spouse
- Whether you are the dependent spouse
- Alimony is equitable based on relevant circumstances, such as the length of the marriage, income of both parties, and whether you share children
Child Support and Custody
Typically, a judge will handle child custody issues based on the child’s best interests. North Carolina statutes 50-13.1 through 50-13.9 provide courts with a guideline to follow when deciding which party should receive custody of the kids and whether the other party must pay child support.
The judge handling your case can refer to the guidelines and use additional factors at their discretion to make their final decision. The primary goal is to ensure the child’s safety and place them with the parent who can provide the care and safe environment the child needs.
If you’re going through a divorce or have another family law issue, contact Marshall & Taylor PLLC right now. We can meet with you for a confidential consultation to review the circumstances of your case and advise you about your legal options.