Providing Valuable Legal Guidance to Greensboro Clients Going Through Difficult Divorces
The decision to come to a dissolution of marriage or a legal separation never comes easily and must not be taken lightly. In addition to being a difficult process of healing the heart, divorce is also a complicated legal process that must be rigidly followed.
Divorce cases are often among the most difficult life chapters that any person is ever asked to go through. While some divorces can be amicable and uncontested, others can become quite contentious, especially when there are fights over child custody, child support, or alimony (also known as spousal maintenance or spousal support).
It’s important to remember that you don’t need to go through your divorce case or any other family law cases alone. Legal help is available from experienced divorce attorneys in North Carolina. Kreider Attorneys at Law has extensive experience helping our clients through the legal complexities of contested and uncontested divorce proceedings.
If you’re going through a divorce in North Carolina, you deserve legal representation that caters to your needs and goals throughout the divorce process. As your legal representatives, our divorce attorneys stay by your side throughout the whole process until your divorce has concluded and been brought to a satisfactory conclusion. If you wish to discuss your divorce case, or if you merely have questions about divorce law, please contact our law office to schedule your initial consultation with our legal team. We look forward to speaking with you.
What Family Law Matters Do Our Greensboro Divorce Attorneys Handle?
If you are contending with complicated family law issues and are worried about your future and the future of any children you might have, it is highly recommended that you seek the legal counsel of an experienced attorney well-versed in the applicable laws. We represent clients in various family law issues, including divorce proceedings, child support arrangements, spousal support issues, and post-separation support resources. With the help of our skilled team, we can assist you in building a brighter future for you and your family members following the divorce process.
Divorce cases and family law matters that we represent include the following:
- Alimony
- Alternative dispute resolution measures
- Annulments
- Child custody disputes and parental rights
- Child support obligations and modifications
- Collaborative divorce process
- Contested and uncontested divorces
- Debt division following a divorce
- Divorce from bed and board
- Grandparents’ rights
- Interstate divorce
- Legal representation both in and out of the courtroom
- Legal separation agreements
- Marital misconduct
- Mediated divorce
- Post-divorce settlement modifications
- Property division and determining what is separate or marital property
- Restraining orders, such as in cases of domestic violence or child abuse
- Same-sex marriage and divorce
- And more
In hopes of an amicable resolution to your divorce case, we recommend that you seek the professional legal representation of experienced divorce lawyers in Greensboro, NC. Our team will explore every legal detail and consider every option to help negotiate effectively and limit the emotional strain that many of our clients are forced to endure during divorce proceedings. For divorce representation and other family law issues, please contact our Greensboro office to schedule your initial consultation with our legal team today.
Do You Need to Prove Grounds for Divorce in Greensboro, North Carolina?
North Carolina is a no-fault divorce state, meaning that neither you nor your spouse are required to list grounds for divorce in order to file. That said, there are two requirements that must be met in order to file for divorce in North Carolina.
Prior to filing for divorce, you must live separately in two different households for at least 12 months and one day. You do not need to file for a legal separation to begin this one year. Additionally, at least one spouse must intend to end the marital union. The spouses don’t need to be in agreement on the terms of divorce, though. Only one spouse is required to want to end the marriage.
North Carolina refers to divorce as an absolute divorce, requiring neither spouse to prove anyone to be at fault for the end of the marriage. If you have any questions or concerns about filing for divorce in North Carolina, please contact our highly skilled legal staff to discuss your case in more detail today.
What is Divorce from Bed and Board (DBB)?
It is crucial that you and the other spouse fully understand the legal requirements, obligations, and basic procedures to successfully navigate the legal process of a divorce case.
While North Carolina is a no-fault divorce state, it is possible to file for a fault-based divorce and obtain a divorce from bed and board (DBB) order if your spouse performed certain qualifying actions.
Actions that may qualify for a divorce from bed and board include the following:
- Abandonment of the family unit
- Spouse kicked you or other family members out of the family residence
- The other spouse inflicted cruel or unusual punishment on you or other family members
- Spouse visited violent acts upon you or your children
- The other spouse rendered life unbearable at the family home due to poor treatment
- Made life difficult due to severe alcohol or drug abuse
- Adultery
A DBB is not a complete divorce; you will still be required to file for an absolute divorce later. However, a DBB can serve several crucial functions and allow you to file without the one-year legal separation requirement. A DBB can also serve as grounds for removing your spouse from the family home, helping you negotiate for later alimony or child support payments.
What Are the Differences Between Contested and Uncontested Divorces?
If you and your soon-to-be ex-spouse agree to a divorce and have no major conflicts on the terms of the divorce, you may be able to file for an uncontested divorce. Uncontested divorces are typically faster, cheaper, and less emotionally stressful than contested divorces. Another term for an uncontested divorce might be an amicable divorce.
To meet the requirements for an uncontested divorce, both parties must still maintain separate living situations for at least one year, and at least one of the parties must want the divorce. Additionally, there can be no issues with legal matters such as child custody, visitation rights, parenting time, child support, or alimony payments.
A contested divorce, on the other hand, is a much more difficult legal matter. In contested divorces, one or both parties cannot agree on the terms of the divorce. If even one of the terms of the divorce is a point of conflict (such as child custody and support), then your divorce may be a contested one. Contested divorces tend to be more expensive and emotionally draining, at least in part because they go on longer and require more negotiations and the potential for fighting between the two spouses. If possible, it is wise to avoid a contested divorce. However, as ideal as an uncontested divorce may be, not everyone has it so lucky.
An uncontested divorce can quickly turn into a contested divorce and vice versa. All that needs to happen for an uncontested divorce to become contested is if there is suddenly a new disagreement on any of the terms of the divorce. If an uncontested divorce becomes contested, both parties will likely need to retain individual legal counsel to assist them through the divorce proceedings.
Contact our Greensboro family law legal practice to learn more about contested and uncontested divorces today.
What is a High-Profile Divorce?
A high-profile divorce is any divorce between individuals with a spotlight on them either through celebrity, community presence, or job status. In a high-profile divorce, one or both parties may be concerned about how the divorce reflects upon their status and whether there may be repercussions either in a small community, place of work, or in the media. In a contentious, high-profile divorce, it is common for one of the spouses to attract the spotlight onto them and make an effort to gain some measure of control in the divorce proceedings. Whether your divorce is amicable or contentious, if it is a high-profile divorce, you are highly recommended to retain individual legal counsel.
Kreider Attorneys at Law has a unique legal perspective in divorce cases, thanks to attorney Jonathan G. Kreider’s time as a District Court judge. This unique experience allows our legal team to come to the proceedings of divorce cases with an understanding of how they are presented both in and out of the courtroom.
To discuss your high-profile divorce, we encourage you to get in touch with our law firm for a case review today.
What is Mediation? Is it Right for Your Divorce Case?
Mediation is an alternative dispute resolution (ADR). Many people prefer mediation over civil litigation, if at all possible. In mediation, a neutral third party (the mediator) sits in on divorce negotiations between the two spouses. This mediator is either a licensed mediator, a former judge, or a divorce attorney themselves. The goal of the mediator is to assist the divorcing couple in the hopes of helping them find common ground in difficult negotiations.
Mediation is often cheaper than litigation, and it allows both parties the chance to be heard. In mediation, it is sometimes recommended for both parties to retain legal representation throughout the mediation process in order to help remind them of their rights and responsibilities. Kreider Attorneys at Law has experience helping clients with mediation and would be proud to lend legal assistance to you during this process.
Another alternative dispute resolution measure to consider is arbitration. Like mediation, arbitration has a neutral third party (the arbitrator) review the negotiations and conflicts between the divorcing parties. Unlike mediation, where the two parties would be allowed to render their own decisions, arbitration entrusts the decision-making to the arbitrator.
When Might Mediation or a Collaborate Process Be Ill-Advised?
While mediation can help many clients through the divorce process, it is not always recommended in every family law case. There are specific situations where mediation would not be suitable, and it’s important to consider various factors before deciding to pursue mediation. Throughout the legal career of founder and attorney Jonathan G. Kreider, he and his team have seen several instances where they would not recommend the mediation process.
Examples of unique instances where mediation would not be recommended include the following:
- Both spouses are supposed to have access to all relevant information to help them make informed decisions during the divorce process. If one party has an advantage over the other in terms of knowledge about marital or separate assets, that power imbalance could make mediation ineffective
- Cooperation is essential during the mediation process. If one party is especially controlling or coercive, it could make for an unsafe environment during mediation
- Family law prioritizes the best interests of the children in divorce cases involving custody disputes. If the divorcing spouses cannot reach an amicable agreement regarding child custody, mediation could prove difficult
- If the dynamics of the marital relationship are highly charged and emotional, it may be difficult to proceed with mediation. The mediation process can prove challenging in high-conflict divorce cases. Although it is possible for conflict to be overcome during mediation, it can prolong the process
- North Carolina law takes allegations of domestic violence or neglect very seriously in divorce cases. If there is a history of domestic violence or a persistent threat of ongoing violence, mediation may not be suitable
- Significant substance abuse can impact divorce proceedings. Substance abuse could impair decision-making, cooperation, and emotional stability, making mediation less effective
- If there are complex financial matters, such as significant estate assets, business interests, or unequal income, mediation may not be the most suitable approach
- When one spouse feels either physically, emotionally, or otherwise intimidated by their soon-to-be ex, that power imbalance could dramatically hinder a successful mediation attempt
What is the Equitable Property Division Process?
North Carolina law follows the legal principle of equitable distribution, wherein marital property is divided in a way that is considered fair or just rather than equal and 50/50. Factors that will be considered when it comes to the division of assets include the length of the marriage, each spouse’s income, personal property, debts and liabilities, tax implications, contributions to the marriage and family unit, and the need for spousal support.
In the division of property, it is important to determine what is separate and what is marital property. Separate property is usually not subject to property division rules. Marital property, which is property co-owned by both spouses, will be subject to the property division process. Marital property is any assets or debts acquired during the marriage. On the other hand, separate property includes assets or debts that either spouse acquired before getting married. Separate property may also include inheritances and gifts that either spouse received from a third party during the marriage.
Examples of marital property could include family homes, rental properties, vacation homes, motor vehicles, valuables like artwork or jewelry, bank accounts, retirement accounts, and various types of debt.
Can a Family Law Firm Help You with a Child Custody Dispute?
Divorce cases involving children born during the marriage are inherently more difficult than divorce cases where there were no children. Child custody decisions can take a lot of negotiating and compromise. If a dispute arises between the parents, it could result in costly courtroom battles and divides between the parents that may never be able to be repaired.
If you and the other parent cannot agree on custody matters, it’s crucial that you seek the legal advice of experienced family law attorneys. There are several factors that determine child custody, such as whether a custody arrangement can be modified and what sort of child support is required. Our family lawyers are well-versed in the applicable guidelines, and we can provide valuable legal assistance to you throughout the process.
If possible, it is wisest to avoid a courtroom battle that could result in a court-mandated child custody order. Our Guilford County law firm will explore all legal options to help you reach a satisfactory conclusion to your child custody dispute, putting decisions about your family’s life in your hands rather than in the hands of a judge.
To learn more about the benefits of retaining our legal services, please contact our law firm to speak with a family law attorney in your initial consultation today.
What Are Legal Separation Agreements?
If you and your spouse are considering divorce but think that there is a chance that your marriage could be saved, you may wish to consider filing for a legal separation. With legal separation, there is still a chance of reconciliation, which would not be possible if you filed for divorce. Legal separation can be a complex process, one that should also not be taken lightly.
If you are considering a legal separation from your spouse, it is advisable that you seek the help of a Greensboro family lawyer. We would be proud to lend you guidance throughout the legal separation process.
Schedule an In-Depth Case Evaluation with Our Compassionate Greensboro Divorce Lawyers Today
A divorce can be a particularly hard thing to go through, especially if you and your ex have any children. There are many complex legal issues to consider throughout the divorce proceedings, including child support payments, child custody arrangements, visitation rights, the equitable distribution of assets, and alimony payments. It is natural to feel overwhelmed and emotionally devastated during a divorce case. But you don’t need to go through this ordeal alone. Consider the benefits of hiring a North Carolina divorce attorney to represent your legal rights and needs throughout the divorce proceedings.
Kreider Attorneys at Law has extensive legal experience helping clients through the complexities of divorce cases in North Carolina. Our Greensboro law firm is highly reputable, and our deep knowledge of family law is unique and impressive. As your family law attorneys, we would be proud to help you through your divorce case, whether it is amicable or contentious.
To discuss your divorce matters in more detail, please contact our North Carolina family law firm to schedule a consultation today. You may contact us at 336-770-2017.