Some problems in marriage are difficult to overcome. Physical abuse or drug addictions fall into this category. Other times, you and your spouse simply grow apart and no longer have anything in common. Whatever the reason, you’ve decided to end your marriage and need a lawyer. When searching for an attorney for divorce near me, choose Morgenstern & Associates.
When Should I Consult An Attorney
Certainly, if you’re in an abusive marriage, whether physical or mental, you should consider divorce for your safety. Any type of coerciveness that makes you feel powerless and afraid is abuse.
Besides abuse, you’ll find many other common reasons for couples seeking a divorce:
- Financial problems
- Drug or alcohol problems
- Conflicts over family responsibilities
- Lack of communication
- Adultery
- Incompatibility
Whatever the reason, meeting with an attorney early on will help you develop a strategy to address your complex situation. Many decisions in your divorce will have profound implications even in an agreeable split. Consulting a lawyer will help protect your rights while limiting your spouse’s rights and avoiding costly mistakes. Your attorney can help navigate through your options to achieve a favorable outcome.
The Divorce Process
Usually, the facts of each divorce are unique and different. Some divorces are amicable while others are hostile. However, the process of divorce generally follows a specific procedure:
- Physical separation
- Filing of the complaint
- Service of the complaint
- Discovery
Before you can file papers for divorce, you and your spouse must be living separately for at least a year. Ultimately, this means you have to physically live at separate addresses. Once you’ve met this requirement, you’re free to file a complaint against your spouse. A complaint states the facts of your case and requests the court to grant a dissolution of your marriage. Depending on your case, you might need to file several other forms as well.
Once you’ve filed all your papers, you must serve your spouse with the complaint. You’re allowed four methods to serve your complaint:
- Sheriff
- Certified mail, return receipt requested
- Acceptance of Service
- Publication
Next, the discovery process takes place. During this time, both lawyers will collect evidence to document their case. You’ll have to provide all your financial records for the past few years. This includes tax returns, bank statements, and life insurance policies.
Depending on the cooperation of your spouse, you may need other legal solutions. If your spouse is threatening, you may need a restraining order. You can also file for a restraining order if you believe your spouse may drain joint bank accounts.
Sometimes, divorcing spouses may reach an agreement before appearing in court. However, when spouses cannot agree to the terms of their divorce, mediation becomes a requirement.
Divorce From Bed And Board
When you’re seeking a divorce, you may hear the term “divorce from bed and board”. Although relatively rare in North Carolina, it does provide a limited legal remedy.
Technically, this legal remedy will not end your marriage. Rather, it is a court-ordered separation forcing one spouse to leave the marital home. This can occur when one spouse refuses to leave the marital home even if the marriage isn’t functioning.
The NC statute is specific about the circumstances under which the courts may grant a divorce from bed and board:
- Abandonment of his or her family
- Maliciously turning the other spouse out of doors
- Cruel or barbarous treatment endangering the life of the other spouse
- Indignities to the spouse as to render his or her condition intolerable and life burdensome.
- Excessive use of alcohol or drugs making the condition of the other spouse intolerable
- Adultery
Attorney For Divorce Near Me FAQs
We want to help you find the best legal representation as you navigate complex divorce laws and search for an attorney for divorce near me. Thus, we’ve answered some of our client’s most commonly asked questions.
How Can I Find The Best Divorce Attorney To Handle My Divorce?
Undoubtedly, having good legal advice can determine the outcome of your divorce. Yet, finding a knowledgeable and experienced attorney can seem daunting.
Certainly, legal directories like Martindale-Hubble and AVVO provide a database of legal professionals with a trusted rating system. Also, your local bar association can help you find a lawyer with the right experience and practice concentration.
What Will My Divorce Cost?
Although the process follows a specific procedure, not every divorce follows the same route. Some divorcing couples easily reach an agreement. Others fight over every issue from child custody to property division.
While avoiding court isn’t always possible, it’s something we work hard to achieve. One of our main goals is to pursue options with reasonable costs. During your divorce consultation, we’ll review possible scenarios, outcomes, and your costs.
Can We Use The Same Attorney In An Amicable Divorce?
Sometimes, divorcing couples work out the terms of their divorce amicably. Since the spouses are agreeable, they may think they can share a lawyer to save on costs.
However, the code of professional legal conduct prevents lawyers from representing adverse parties. Even if you and your spouse are amicable, you’re still opposing parties in the divorce. One lawyer cannot adequately advise both parties on the best course of action.
Why Choose Morgenstern & Associates?
When you need an attorney for divorce near me, you want only the best. Morgenstern & Associates has the knowledge and experience you need for a favorable outcome. Both Barbara R. Morgenstern and Ashley D. Bennington are board-certified specialists with over 40 years of combined experience. Moreover, US News & World Report lists our firm as one of the best in the area.
Call us at 336-203-9110 to review the legal options available to you.