Uncontested Divorce Lawyer in Raleigh, NC
If you and your spouse have agreed to end your marriage and can do so in an adult and businesslike manner, you can save yourselves a lot of time, money, and heartache. There are several important decisions to be made in an uncontested divorce in North Carolina, especially if you have substantial assets or underage children.
Even if your divorce is uncontested, it is a legal process that must be handled correctly. It is crucial to have an experienced divorce attorney advising you and acting to protect your rights and interests.
The attorneys of Charles R. Ullman & Associates in Raleigh, N.C., focus solely on the practice of family law. We have the knowledge and experience to guide you through the divorce process in North Carolina. We’ll make sure you have the information you need to make forward-looking decisions for your future.
Requirements for an Uncontested Divorce in North Carolina
North Carolina is a no-fault divorce state. That means it Is not necessary to prove marital fault to obtain a divorce. But a divorcing couple must meet certain conditions, some of which will require coming to an agreement, to proceed with a divorce without judicial intervention.
A divorcing couple in North Carolina must:
- Live separately for at least 12 months with the intent of permanent separation.
- Sign a separation agreement containing the terms of the divorce, including decisions about such issues as property and debt division, child custody, child support, visitation, and spousal support.
- After living separately for a year, file for divorce in a North Carolina county where at least one of the spouses has lived for at least six months and arrange for the other spouse to be served with divorce papers. After the spouse has been served with papers and had a chance to respond to the divorce complaint, you need to request a hearing.
- Attend the hearing, at which a judge should issue an order making your settlement agreement a binding legal agreement and granting your complete and final divorce.
A Raleigh uncontested divorce attorney at Charles Ullman & Associates can help you prepare a separation agreement. We can also prepare and file the paperwork asking the court to grant a divorce and arrange for your spouse to be served.
The terms of your separation agreement may be altered or rejected by the judge if they do not meet legal requirements. This includes an equitable division of marital property and child custody and visitation plans that serve the best interests of the child(ren). A knowledgeable divorce attorney can help you avoid presenting a separation agreement that the court is likely to reject.
Do I Need a Lawyer for an Uncontested Divorce?
It is possible to complete an uncontested divorce on your own. This requires correctly completing all required paperwork and filing it in a certain order. You will not be able to make changes or correct mistakes after submitting your paperwork. You must meet strict deadlines once you have filed for divorce. Mistakes will stop your divorce from moving forward.
When you attend your divorce hearing, you’ll need to present a separation agreement that passes muster with the judge. If you fail here, the judge will make decisions for you or order you to arbitration to come up with a proper separation agreement.
If you engage an experienced North Carolina divorce attorney, you can be sure your uncontested divorce will proceed as expeditiously as possible. We can guide you through every step of the process and ensure that you address all potential concerns, such as the tax consequences likely to result from the division of marital assets.
If sticking points crop up as you and your spouse craft your separation agreement, we can assist with varied approaches to your divorce negotiations, including:
- Collaborative divorce. Collaborative divorce is a type of dispute resolution in which lawyers and other professionals work to create a framework of discussions in which couples informally work through specific areas of disagreement in a non-confrontational manner.
- Mediation. A mediator is a neutral third party who helps the divorcing couple find areas of mutual agreement. The mediator guides the couple’s discussion in a constructive path toward resolution. Mediation settlements, if signed by all parties, can lead to binding agreements.
- Arbitration. An arbitrator hears information and arguments from both spouses and their respective attorneys and then makes a decision. The parties are expected to abide by the decision, although in some cases the arbitration agreement may be appealed. Many couples have found arbitration to be a valuable time- and cost-saving alternative when collaboration or mediation has left them at an impasse.
Attorney Charles R. Ullman is board certified in North Carolina as a family law specialist with experience in collaborative divorce, mediation, and arbitration. Because our law firm focuses solely on family law, we can offer a depth of experience and a collegial atmosphere to help you move your uncontested divorce toward productive results.
Meet With Our Raleigh Uncontested Divorce Lawyers
Even in an uncontested divorce, the couple must address and resolve such complex issues as the division of marital assets, spousal support, and in many cases, child custody and child support. If you have the assistance of an experienced North Carolina divorce attorney, you can work through problems during negotiations and avoid decisions that can cost you money down the road.
At Charles R. Ullman & Associates, our mission is to keep you fully informed of your options and protect your best interests as you proceed with separation and divorce. We can help you resolve any complications that may arise in your North Carolina divorce.
If you are contemplating an uncontested divorce, call us today or complete our online form to schedule a consultation about your case with an N.C. State Bar-certified Family Law Specialist at our Raleigh office. Our uncontested divorce lawyers and legal staff serve clients throughout Raleigh, Cary, and surrounding areas in Wake County.