Jacksonville, NC Divorce Lawyer

Assisting Clients Through the Dissolution of Marriage in Onslow County

Divorce can place an immense burden on your family. The longer a divorce takes to complete, the higher the emotional and financial toll. At The Trevor J. Avery Law Firm, our goal is to provide the right solutions to resolve your divorce as painlessly as possible. We understand the intricate details surrounding divorce law in Onslow County and leverage our local knowledge to benefit our clients. 

Our family law attorney, Trevor J. Avery, has helped clients resolve many contentious issues that arise in divorce, including child custody, child support, spousal support, and property division. Your life is affected by the divorce decision, so it is crucial to work with a law firm that is dedicated to putting your needs first. We prioritize effective communication to ensure that you are informed throughout every step of the process and understand the implications of each decision you make.
 

Grounds for Divorce in North Carolina

In our state, the only basis for divorce is legal separation for a year. In order to be granted a divorce, a couple must demonstrate that they have lived separately and apart for at least one year and had no intention of reconciling with each other. Understanding the complexities of legal separation in North Carolina, we guide clients through this critical period with detailed planning and support, ensuring they meet all necessary legal requirements while protecting their interests.

Impact of Local Laws on Divorce Proceedings

Understanding the local nuances of divorce law in Jacksonville, NC, is vital for achieving favorable outcomes in divorce proceedings. North Carolina's divorce laws, particularly those pertaining to legal separation and property division, can significantly influence the divorce process. For instance, the equitable distribution of marital assets is subject to the state's specific statutes, which require a fair, though not necessarily equal, division of all marital property. North Carolina's approach to asset division emphasizes fairness, allowing courts to consider factors such as the duration of the marriage, contributions of each spouse, and individual financial needs when making decisions. This is particularly relevant in the Jacksonville area, where military pensions and benefits are often significant assets that require precise legal handling according to both state and federal law.

Additionally, family law courts in Onslow County operate with distinct procedural expectations that can affect how quickly cases are processed. It is crucial for our clients to understand these processes to prepare adequately and adapt strategies to align with local court requirements and schedules. Our knowledge of these local practices enables us to provide our clients with informed guidance, ensuring the efficiency and effectiveness of their divorce process.

Is North Carolina a No-Fault Divorce State?

North Carolina is considered a no-fault state when it comes to divorce. This means that either spouse may file for divorce without having to prove the other party’s fault or misconduct as grounds for the divorce. The court can still consider matters such as infidelity, abandonment, and reckless spending habits, but they will not be relevant in deciding whether or not to grant the divorce. This no-fault policy streamlines the process of terminating a marriage, allowing couples to get divorced without having to point fingers and possibly prolong the process by months or even years. We can help clarify how these factors might still play a role in other aspects of your divorce case, such as property division or custody arrangements.

Addressing Common Divorce Challenges in Jacksonville

At The Trevor J. Avery Law Firm, we understand that divorce is not just a legal process but a deeply personal challenge. One of the most common hurdles in divorce is navigating child custody arrangements. In Jacksonville, special attention is needed to balance parental rights and responsibilities with the best interests of the child. Our team supports families by crafting strategies that reflect these essential values while meeting the legal standards of North Carolina's custody laws.

Equitable Division of Property

North Carolina is an equitable distribution state. This means that all assets and debts acquired by either spouse from the date of marriage to the date of separation are considered "marital property." The law presumes that a 50/50 division of this marital property is fair, or "equitable." However, a judge can order an unequal division after considering various factors, such as the income of each spouse, their health, and their contributions to the marriage. It is the responsibility of a spouse arguing for an unequal division to prove why that would be more equitable. Our firm is adept at identifying and valuing marital assets to build a strong case for a truly fair distribution on your behalf.

Steps to Take Before Filing for Divorce

Preparing for a divorce can be overwhelming, but taking the right steps can significantly ease the process. Here are some critical actions to consider before filing:

• Take an Inventory. Make an inventory of all assets, marital and non-marital, including household items, financial accounts, jewelry, automobiles, boats, clothing, and any other assets. Do not forget to check storage buildings, storage areas, lock boxes, safes, and safety deposit boxes. You may want to consider taking pictures of some items, especially high-dollar items, and jewelry.
• Copy Documents. Make copies of important documents such as deeds, titles, tax returns, investment statements, bank statements, check registers, retirement account statements, credit card statements, wills, health insurance cards/policies, life insurance policies, and employee benefits handbooks. If you have a family business, do not forget to make copies of as much information as possible regarding the business. If your spouse is self-employed, gather as much information as you can about his or her business too.
• Gather Financial Information. Examine your credit report to determine what debts are marital debts and what debts are solely in your name. If possible, copy your spouse’s credit report if it is with your other important papers (you should not order a copy of your spouse’s credit report without permission – only make a copy of it with other marital documents). If you do not have a family budget, make a list of all household income and all household expenses. Try to obtain copies of receipts, bills, pay stubs, or other evidence of each item. It is very important that you know how much you earn and how much your spouse earns in addition to the debts and expenses of the household.
• Call a Divorce Lawyer. As soon as you believe you may be separating from your spouse, call a divorce lawyer. You do not want to make a mistake that could harm your case. A divorce lawyer will tell you the exact steps to take to protect yourself and your children. Those steps may or may not include the things below.
• Begin Saving Money. It is always wise to have access to money that is just your money. If you do not have access to money that is your money, begin saving money now. You will need a retainer for the divorce lawyer, and you may need to pay the household bills until a temporary support order can be obtained if your spouse suddenly moves out and stops paying the bills.
• Put Your Children First. Ending a marriage is an emotional, stressful, painful, and frustrating time for you and for your spouse; however, divorce is usually hardest for the children. Make your children your top priority. Try to keep their routines as close to normal as possible. Never speak ill about your spouse in front of your children, and try not to argue in front of your children. Remain involved in your children’s lives and activities, even if your spouse has temporary custody.

Contact Our Divorce Attorney in Jacksonville Today

At The Trevor J. Avery Law Firm, our divorce attorney in Jacksonville is adept at negotiating favorable divorce agreements for our clients. We focus on what matters and always put your family first. Whether yours is a fault or no-fault divorce, our team can provide you with the support you need during this difficult time. Our understanding of local laws and court practices ensures that we can navigate the intricate legal system on your behalf efficiently, enabling a smoother transition to the next phase of your life.

Frequently Asked Questions

What is the Process for Filing a Divorce in Jacksonville, NC?

Filing for divorce in Jacksonville, NC involves several steps. First, at least one spouse must have lived in North Carolina for at least six months prior to filing. Next, you are required to file a complaint for divorce in the Superior Court of the county where either you or your spouse lives. You must also serve your spouse with the complaint and a summons, providing them with the opportunity to respond. After these initial steps, the process can vary depending on whether the divorce is contested or uncontested. For uncontested divorces, the process is typically quicker and can be finalized without a court hearing. However, if the divorce is contested, negotiations or court proceedings will be necessary to resolve disputes. Our lawyers guide you through each step, helping you understand your rights and responsibilities at every stage of the process.

How Do Military Divorces Differ in Jacksonville?

Military divorces in Jacksonville are distinct due to several factors. First, federal laws such as the Servicemembers Civil Relief Act provide specific protections to active duty military members, including possible delays in court proceedings. Additionally, issues such as military pensions require particular attention, as they are subject to federal regulations. Furthermore, child custody arrangements can be more complex given the potential for deployment and relocation. Our proximity to multiple military bases gives us unique insight into these issues, allowing us to advise service members and their families effectively. We craft strategies that accommodate military obligations while safeguarding our clients' legal rights.

What Are the Grounds for Seeking Sole Custody During a Divorce?

In Jacksonville, parents can seek sole custody during a divorce if they believe it is in the child's best interest. Grounds for sole custody may include situations where one parent is deemed unfit due to reasons such as abuse, neglect, or substance abuse problems. The court will evaluate the parent's ability to provide a stable and nurturing environment for the child. Additionally, the child's relationship with each parent, the parent's willingness to foster a positive relationship with the other parent, and any history of domestic violence are considered. Our attorneys analyze these factors in depth, working to present a compelling case for our clients seeking sole custody. We ensure that the primary focus remains the child's well-being throughout the process.

Additional Reading:

• Taking Care Of Insurance After a Divorce
• How Much Does a Divorce Cost?
• In a North Carolina Divorce, Who Gets To Decide Where The Kids Go To School?