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.

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.

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.

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.

Equitable Division Of Property

North Carolina is an equitable division state, meaning that each spouse owns the income they earn during the marriage, as well as any property that is in their name alone. During a divorce case, the judge typically assumes that all marital property will be evenly split. It is the responsibility of each spouse to prove that they are entitled to a different share of the marital property.

Steps to Take Before Filing For Divorce

• 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.
• 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.
• Obtain a Copy of Your Credit Report. 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).
• Make a Family Budget. 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.
• 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 crafting divorce agreements in our client's favor. 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.

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?