Frequently Asked Questions
1. How do I start the divorce process in North Carolina?
To file for divorce in North Carolina, you or your spouse must have lived in the state for at least six months and been separated for one year with the intent to remain apart. Once those requirements are met, you can file a complaint for absolute divorce.
2. Do I have to be separated for a full year before filing for divorce?
Yes. North Carolina law requires that you live separately and apart for at least one year before filing for divorce. Living in the same home—even in separate rooms—does not count as a legal separation.
3. What’s the difference between divorce and separation?
A divorce legally ends a marriage, while a separation means the spouses live apart but remain legally married.
4. How is property divided in a North Carolina divorce?
North Carolina follows equitable distribution, meaning property is divided fairly but not always equally. The court considers several factors, such as the length of the marriage, income, and contributions by each spouse.
5. How is child custody decided?
Custody decisions are based on the best interests of the child. The court considers factors such as each parent’s relationship with the child, stability, and ability to provide a safe, supportive environment.
6. How is child support calculated?
Child support is determined using state guidelines that take into account each parent’s income, custody arrangement, and expenses related to health insurance and childcare.
7. Can I get alimony or spousal support?
Possibly. Alimony is based on several factors, including the length of the marriage, income disparity, and each spouse’s financial needs and contributions.
8. How much is the initial consult?
The initial consultation fee is $275 for a one-hour meeting. During this time, Ashlyn will review your situation, answer your questions, and provide clear guidance on your legal options and next steps. This allows you to gain a thorough understanding of your case and how the firm can best assist you moving forward..
9. What should I bring to my first consultation?
It’s helpful to bring any relevant documents—such as financial statements, tax returns, and separation agreements—as well as a list of questions you want answered.
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