Most people do not commit to marriage to end it in a divorce, but we all know circumstances change along the way.
Franklinton is a town in Franklin County, North Carolina, home to over 2,400 persons with a divorce rate of 11.2%. The town boasts a serene environment which is the perfect fit for a person who is interested in a laid-back lifestyle.
Like so many other locations, a Franklinton divorce also raises several complex legal scenarios to consider. This is why an experienced divorce attorney can be helpful – particularly to avoid mistakes in the process.
Our Franklinton divorce attorney can help carefully analyze and examine your situation from the local perspective, thanks to our extensive knowledge of Franklinton divorce processes. We will work with you to achieve the outcome you are looking for.
How Divorce Works
A divorce proceeding is concluded when the judge pronounces the marriage is dissolved. At this point, important decisions like spousal support should have been determined. If children are involved, the judge will also make custodial rulings. If both spouses agree on the terms of a divorce, a judge will review and endorse these compromises by signing the judgment of divorce and possibly incorporating a separation agreement into the judgment.
When spouses are unable to reach an amicable agreement, the judge will issue a ruling, which the parties must abide by. At Tolin & Tolin, PLLC, we work to ensure both parties reach a reasonable agreement or negotiate until we can accomplish what you are looking for.
How to File for Divorce in Franklinton, NC
Must be a resident in North Carolina
Either one or both spouses must have lived in North Carolina for at least six months before filing for divorce to be eligible to get divorced in Franklinton. Section 50-6 of the North Carolina General Statutes contains this statutory provision. A Franklinton divorce attorney from Tolin & Tolin, PLLC can help you understand specific state regulations so you can best avoid any mistakes in your divorce proceedings.
What if my spouse doesn’t reside in Franklinton, NC?
You can get a “simple” absolute divorce in North Carolina regardless of where your spouse resides, as long as you live in North Carolina when you file and have lived there for the six months preceding the filing. Your spouse can be served with divorce papers regardless of where he or she lives, though the rules regarding how to serve your spouse vary depending on the state or country where your spouse resides.
Couples must have grounds for divorce
Secondly, you must have grounds for filing for a divorce, meaning you must have a valid reason why the court should grant your application. Our Franklinton divorce attorney is always willing to explain these options and provide guidance on the next steps to take, like filing the relevant documents and submitting them to the court clerk.
These documents can be difficult to navigate if you are not familiar with the process. For instance, North Carolina statutes require you to file a separate form for property division, alimony, or both. In addition, copies of divorce papers must be served so the opposing party where the petition is filed in courts – property division, child custody, and other issues but then to divorce you can seem incredibly confusing which is why we are here to help. As experienced divorce attorneys, we are used to situations like this- and we will make sure you are entitled to what you deserve.
Once the papers have been served to the defendant, they have 30 days to file a contestation. If your spouse moves to contest the divorce, we can help. Our team of experienced divorce lawyers will always provide the representation you need.
What if my spouse doesn’t agree with the divorce?
Your spouse does not have to agree to the divorce. As long as you are legally entitled to one, you can proceed. Your spouse is also not required to complete or sign any paperwork, file anything with the court, or attend the divorce hearing. However, your spouse must be given proper legal notice of the divorce case that you file.
Will the court grant me a divorce in less than a year if I show fault?
No, unlike some other states, North Carolina only allows for no-fault divorce after at least one year of separation.
How can I show the court proof that I’ve been separated from my spouse for a year?
Your truthful testimony in court under oath can prove your relationship breakdown. Other witnesses or documents may also be presented. A separation agreement between you and your spouse can be useful evidence to present to the court.
How a Skilled Franklinton Divorce Attorney Can Help
More information about legal separation, as well as the necessary information, can be found on our website.
Our goal is to make sure that your divorce is resolved while ensuring your success in the future. We work hard for our clients so that they can reach a successful and to their marriage where everyone receives what they are looking for and our content with the outcome.
Contact a Franklinton divorce attorney today to discuss what move you want to make next.