Conover Divorce Lawyer

Conover Divorce Attorney

For many people, divorce creates a bevy of emotions, from sadness and disappointment to relief that a tough situation is finally headed toward a resolution of some sort. The process, too, can create a lot of additional stress and contention. However, the process can be made a little easier to endure when you have a knowledgeable and experienced Conover, NC, divorce lawyer to help you through the process.

At the Law Office of Lyndon R. Helton, PLLC, we can advocate for you through the process and see that your interests are well represented.

Major Issues in a Divorce

A divorce is a costly process in terms of time, money, and emotional bandwidth. It can be difficult to figure out how to divide two lives that have been built up together. It’s important to recognize the more significant elements of the divorce process, as that’s where much of the contentious nature can come from.

Working with your family lawyer can be valuable in trying to minimize the conflict, as they can represent your interests and also give you a reasonable idea of what to expect. Some of the most contentious issues include:

• Child Custody – Anything involving children is always sure to be critically important to parents. The state considers the children’s well-being to be of premium importance through the divorce process. Any decision made regarding children will always come down to what the court believes is in their interests. The court will want to ensure that their needs will be met and that they will have some sense of continuity through the process.
• Child Support – As with child custody, the interests of the child will be the most important factor in determining how child support will be arranged. This means that child support may be given to the parent who has more time with the children if that’s what is required to meet the child’s needs.
• Spousal Support – Spousal support is often particularly contentious. It’s important to recognize that the court will consider a number of factors in determining spousal support, including earning capacity, monetary contributions to the marriage, and non-monetary contributions to the marriage. Your lawyer should be able to give you some understanding of what to expect in your situation.
• Property Division – Property division in North Carolina is to be divided according to the principles of equitable distribution. This is different from equal distribution, where both parties are given an even plot of the property. Marital property will need to be identified and given a valuation. The court will then consider a variety of factors, including age, health, contributions to the marriage, and earning capacity, to determine a distribution that is fair.

Family Law FAQs

Q: Will a Separation Agreement Need to Be Approved by the Court?

A: While couples are able to come together and create their own agreements in a divorce, that does not mean they can violate the state’s rules regarding how the major elements of divorce should be handled. This means that a judge will need to take a look at the agreement. If they see something about child custody or child support that they don’t believe keeps the child’s interest first, they may change it.

The same is true if something is unfair about the spousal support or if the property division isn’t equitable. However, if you work with an experienced lawyer to create the agreement, then your chances of fitting into the guidelines and the judge not altering things are more likely.

Q: Should I Take My Divorce to a Trial or Use a Separation Agreement?

A: There are some cases where going to trial is the only way to get a resolution in a divorce, but in most cases, settlement is likely preferable to going to court. When you work on a settlement with a lawyer who has a firm grasp on what the court’s expectations are, it’s likely to be approved without a problem, and this means you will have more say in the agreement than if it were left in the hands of the court.

Additionally, a separation agreement has the advantage of being a generally quicker, less expensive, and less contentious process than a trial.

Q: How Long Will It Be Until My Divorce Is Finalized?

A: The timing of when a divorce is finalized will be determined by two different elements. The first thing to recognize is that North Carolina requires that for a couple to divorce, they must first be separated for more than a year. They must be living apart for at least 366 days before divorce papers can be filed.

Once papers are filed, it could be a few months before the divorce is finalized, or it could be a number of years. The more complex the case, the longer it can take. However, if you can use the separation time to prepare with a divorce lawyer, you may be able to accelerate the process.

Q: Can Orders Be Modified After a Divorce Is Finalized?

A: It is possible to modify divorce orders after a final judgment is issued. In most cases, there is a desire to modify child custody, child support, or spousal support. The process typically involves a hearing where evidence supporting the need for modifications is presented.

The other side will also be able to argue against the modifications and present evidence supporting their position. However, before a hearing is even granted, you must be able to show that there has been some kind of substantial change that warrants modification of the orders.

Get Help From an Experienced Divorce Lawyer Today

We know that divorce is a challenging process. If you find yourself faced with a divorce, you need representation that will make a strong argument for your interests while also helping you understand the process and what can be reasonably expected. You need someone to be honest with you and fiercely represent you.

At the Law Office of Lyndon R. Helton, PLLC, we make sure our clients have a thorough understanding of the situation. We also stand firm in pursuing their interests and desires through the divorce process. If you are facing a divorce in Catawba County, contact us today.