Women’s Divorce Lawyer in Raleigh, NC
Have you considered filing for divorce, or have you or your spouse already filed? Women can face significant challenges in the divorce process, especially if the woman has had the role of homemaker during the marriage. You deserve to have someone advocating for your interests as you resolve outstanding issues in your divorce, such as property division or child custody and support. Turn to Charles R. Ullman & Associates for help from an experienced women’s divorce lawyer.
Our dedicated family law attorneys work hard to advocate for the rights of women going through a divorce. We have helped numerous women negotiate marital settlement agreements to resolve contentious divorces, including the division of high-value marital assets such as business interests.
Contact Charles R. Ullman & Associates for an initial case review to learn more about your legal rights and options in divorce. Let our compassionate women divorce attorneys help you protect your interests and help you seek positive change in your life.
Understanding Your Rights as a Woman During Divorce
North Carolina law provides for no-fault divorces, which means you do not need to prove that your husband or spouse bears some fault for the end of your marriage. The law only requires you and your spouse to live separately for at least 12 months and for one of you to intend for the separation to be permanent.
Couples may have an uncontested or contested divorce. In an uncontested divorce, the spouses and their attorneys negotiate a settlement agreement to present to the trial court for ratification and incorporation into the divorce decree. Spouses may use the services of a mediator or arbitrator to reach an agreement.
In a contested divorce, spouses have different proposed terms for the divorce regarding outstanding issues such as division of marital assets and debts, alimony, and child custody and support. They ask the court to decide these issues in dispute. The spouses will need to present evidence and testimony in support of their preferred terms of the divorce.
North Carolina takes a gender-neutral approach to divorce, which means courts do not favor spouses of either gender. However, women seeking a divorce need an experienced divorce attorney to protect their rights.
Your rights as a woman in a North Carolina divorce include the following:
- Your right to your home – In a divorce, neither spouse can seek the court’s help to force the other out of the marital home, except in domestic violence or family abuse cases. However, if the family home constitutes marital property, the couple must split the home’s value. Courts may order a divorcing couple to sell the marital home and split the sale proceeds. If one spouse gets to keep the marital home, such as a spouse who gets primary physical custody of the children, that spouse must compensate the other spouse for their financial interest in the property. For instance, the spouse may pay for the other spouse’s interest in the property, or the other spouse may receive other marital property of equal value.
- Your right to child custody – Parents can have legal custody, or the power to make childrearing decisions, and physical custody, or physical control over the child. In most divorces, one parent will have primary physical custody while the other parent has parenting time. Both parents may share legal custody, or one parent may get sole legal and physical custody. The court will decide child custody based on the child’s best interests, considering factors such as which parent has served as the primary caregiver, each parent’s respective finances, each parent’s ability to spend time with the child, and each parent’s emotional and physical health.
- Your right to alimony and child support – Both you and your spouse have a legal obligation to provide for your child’s or children’s financial needs. In many cases, the parent who doesn’t have primary physical custody will pay child support to the other parent to contribute to their children’s needs. North Carolina uses child support guidelines to calculate how much a parent must pay. In addition, you also have the right to request alimony from your spouse if they earn significantly more than you or you were financially dependent on your spouse during the marriage.
Benefits of Hiring an Experienced Women’s Divorce Lawyer
Having experienced legal counsel on your side during a divorce can help protect your future. Some of the most important benefits of hiring an experienced women’s divorce lawyer from Charles R. Ullman & Associates include:
- Getting legal advice regarding your rights and what legal options you should pursue to achieve your goals and interests
- Having an attorney to provide an objective perspective and guidance based on experience so you can make well-informed decisions
- Having someone who will advocate for your interests as you and your spouse work to resolve the outstanding issues in your divorce, such as property division, alimony, and child custody/support
- Getting help with navigating the court system, including the timely filing of the necessary paperwork
- Having a better means of communicating with your spouse. Your lawyer can talk to your spouse’s attorney and serve as a go-between if you and your spouse have a contentious relationship
- Getting help receiving a fair outcome in your divorce, including reviewing the terms of any marital settlement agreement you and your spouse negotiate
Protecting Women’s Fair Share of Marital Property During Divorce
Divorce requires a couple to divide the assets they acquired during the marriage. North Carolina divorce law calls for the equitable division of marital property. Equitable division means dividing up property and joint debts fairly, though not necessarily equally. If you and your spouse disagree on the division of marital property, the court will decide the distribution of the assets and debts. State law stipulates the factors that courts must consider in determining an equitable division of marital property. The factors include the following:
- The relative income, property, and liabilities of the two spouses at the time of the divorce
- The duration of the marriage
- The physical and mental health of each spouse
- The need for either spouse with custody of the couple’s child or children to occupy the marital residence
- Any equitable claim or interest in the marital property by a spouse that does not have title to the property, including joint efforts and expenditures
- Any contribution by one spouse to help further the career of the other
- Any contribution by a spouse to the increase in value of separate property belonging to the other spouse
- The actions of either spouse to maintain, preserve, or develop the marital property or to waste, neglect, or convert marital property during the period of separation
Women who take on a homemaker role deserve their fair share of marital property in a divorce. While your spouse may have been the primary income earner while you carried out the duties of a homemaker, both you and your spouse contributed to building your family’s assets and wealth.
Meet an Experienced Family Law Attorney in Raleigh, NC
That team at Charles R. Ullmam & Associates advocates for the rights of women going through divorce in Raleigh and across Wake County.
Charles R. Ullman has received board certification in family law from the North Carolina State Bar Board of Legal Specialization, a distinction held by only a small portion of lawyers in the state. Mr. Ullman’s board certification recognizes his extensive experience and knowledge of family law and the depth of his commitment to this area of law. Mr. Ullman also has training as a collaborative law attorney and is a practicing family law arbitrator. Mr. Ullman takes the time to listen to each client’s needs and values to identify ways to reach a fair and reasonable result. He brings a compassionate approach to working with clients who struggle with divorce in the context of their faith, remaining sensitive to clients’ ethical and religious concerns.
Contact a Women’s Divorce Attorney for Help
You deserve experienced legal representation to protect your rights and interests in divorce. Call Charles R. Ullman & Associates at (919) 336-0870 today for a confidential consultation to learn more about how a women’s divorce attorney can guide you through the divorce process and protect your right. We have an office with free onsite parking at 109 S. Bloodwood St., Raleigh, NC 27601. Our office is open 8:30 a.m. to 5 p.m. Monday through Friday.