Lenoir, NC Divorce Attorney
Going through separation or divorce can be a challenging time. Trying to make sure that you go through all of the logistical and family law processes associated with divorce can be overwhelming and hard to follow. Additionally, if you have children, you will want to make sure that they experience a smooth transition and that you reach the best possible outcome for them.
During a divorce, it is important to have gifted and understanding divorce attorneys that are on your side, no matter what. A divorce lawyer at Law Office of Lyndon R. Helton, PLLC, can help facilitate streamlined divorce mediation outside of the courtroom. They can also help solve issues related to alimony and property division.
Unfortunately, complex disputes cannot always be resolved outside of the courtroom and will need to be settled in a court of law. A dedicated Lenoir County divorce attorney can help you protect your children by helping you win child custody and the amount of child support that you need to take care of them.
How a Divorce Lawyer Can Help You
A divorce lawyer is a type of attorney who specializes in legal issues related to divorce. A divorce lawyer can assist clients with a wide range of issues, including:
- Filing for Divorce: A divorce lawyer can help clients file for divorce and serve the divorce papers on the other spouse.
- Negotiating a Settlement: A divorce lawyer can help clients negotiate a settlement agreement with the other spouse. These include issues related to property division, child custody, child support, and spousal support.
- Representing Clients in Court: If the parties are unable to reach a settlement, a divorce lawyer can represent clients in court and advocate for their interests.
- Modifying or Enforcing a Divorce Decree: A divorce lawyer can help clients modify a divorce decree if there is a change in circumstances. They can also help enforce one if the other spouse is not following the terms of the agreement.
- Advising Clients on Their Rights and Options: A divorce lawyer can provide clients with advice on their rights and options during the divorce process. They can help them understand the legal consequences of various actions.
Divorce can be a complex and emotional process. It is important to have an experienced lawyer to help you navigate the legal system and protect your rights.
The Different Kinds of Divorce
There are several different types of divorce that can be filed, depending on the specific circumstances of the case. Here are a few common types of divorce:
- Uncontested Divorce: An uncontested divorce is a divorce in which both parties agree on all issues, including property division, child custody, child support, and spousal support. Uncontested divorces are typically faster and less expensive than contested divorces.
- Contested Divorce: A contested divorce is one in which the parties do not agree on all issues. Contested divorces can be more complex and time-consuming, as the parties may need to go to trial to have a judge decide the outstanding issues.
- No-Fault Divorce: A no-fault divorce is a divorce in which the parties do not have to prove that one spouse was at fault for the breakdown of the marriage. Most states, including North Carolina, allow no-fault divorces.
- Fault Divorce: A fault divorce is a divorce in which one spouse must prove that the other spouse was at fault for the breakdown of the marriage. Examples of grounds for a fault divorce include adultery, cruelty, and abandonment.
- Summary Divorce: A summary divorce is a simplified divorce process that is available to couples who meet certain eligibility requirements, such as having no children and minimal assets. Summary divorces are typically faster and less expensive than regular divorces.
It is worth noting that the specific divorce laws and procedures can vary depending on the state in which the divorce is being filed. It is always best to work with an experienced divorce attorney to understand your options. They can ensure that your rights are protected throughout the process.
The Divorce Process in North Carolina
The steps for getting a divorce in North Carolina depend on the specific circumstances of your case, but there are some general steps that are involved in the process. Here is an overview of the divorce process in North Carolina:
- File a Divorce Petition: One spouse (the plaintiff) must file a divorce complaint with the county where they or the other spouse (the defendant) resides. The complaint must contain details on the parties, their marriage, and the reasons for the divorce.
- Serve the Complaint: The plaintiff must physically or by mail serve the defendant with the petition. Within 30 days, the defendant must file an answer to the complaint.
- Participate at a Preliminary Hearing: If the parties are unable to resolve their disputes via dialogue or mediation, a preliminary hearing may be required. This will resolve any temporary concerns, such as interim custody and support arrangements.
- Exchange Financial Information: The parties must communicate financial information, such as their assets, debts, income, and spending. This is referred to as the “discovery process.”
- Participate at a Settlement Conference: If the parties are unable to achieve an agreement through discussion or mediation, they may be required to attend a settlement conference with a court or a mediator.
- Attend a Court Hearing: If the parties are unable to reach an agreement, the matter may go to trial, where a judge will rule on the issues in the case.
It is worth noting that the specific steps in the divorce process can vary depending on the unique circumstances of the case and the needs of the parties.
Considering Cost-Efficient Ways to Get a Divorce
The most cost-efficient way to get a divorce in Lenoir, NC will depend on the specific circumstances of your case and your individual needs. Here are a few options to consider:
- Mediation: Mediation is a process in which a neutral third party helps the parties negotiate a settlement. Mediation can be less expensive than hiring a lawyer and going to court. It allows the parties to reach their own agreement rather than having a judge decide the case for them.
- Collaborative Divorce: Collaborative divorce is a process in which the parties and their lawyers work together to negotiate a settlement without going to court. Collaborative divorce can be less expensive than traditional litigation, as it involves fewer court appearances and lower legal fees.
- Pro se Divorce: In a pro se divorce, one party represents themselves without hiring a lawyer. This can be a cost-effective option, but it can also be more difficult and time-consuming, as you will be responsible for handling all the legal details on your own.
- Uncontested Divorce: An uncontested divorce is a divorce in which the parties agree on all issues, such as property division and child custody. An uncontested divorce can be less expensive than a contested divorce, as it involves fewer legal fees and fewer court appearances.
Ultimately, the most cost-efficient option for your divorce will depend on the specific circumstances of your case and your individual needs. It is always beneficial to speak with an attorney to get advice on the best approach for your situation.
Family Law FAQs
Q: What is the average cost of a lawyer in a divorce case?
A: In general, you can expect to pay anywhere from $1,500 to $25,000 or more for the services of a divorce lawyer, depending on the specifics of your case. Some lawyers may charge a flat fee for their services, while others may bill on an hourly basis. Make sure you hire a lawyer who is transparent about their fees upfront to avoid high costs and confusion.
Q: Do I need a lawyer to get divorced?
A: It is not strictly necessary to have a lawyer to get divorced. However, it can be helpful to have legal representation to ensure that your rights are protected and to make the process go as smoothly as possible. Even if your divorce is uncontested, having an attorney review your agreements can ensure that all procedures were followed correctly. This can save time and money.
Q: Is it better to get a local divorce attorney?
A: In general, it is usually best to hire a local divorce attorney, as they will be familiar with the local court system and the judges and lawyers who practice in your area. A local attorney will also be more accessible and easier to meet with in person, which can be important during the divorce process.
Q: What is your best advice for selecting a divorce attorney?
A: When selecting a divorce attorney, be sure to consider the following:
- Look for an attorney with experience and expertise in divorce law.
- Consider the attorney’s reputation.
- Look for an attorney who is a good fit.
- Consider the attorney’s fees.
- Ask about the attorney’s approach and consider whether it aligns with your goals and priorities.
By following these tips, you can increase your chances of finding an attorney who is well-suited to your needs. This can help you achieve a favorable outcome in your divorce case.
Divorce Lawyers in Lenoir County
Contact our talented team of divorce lawyers at Law Office of Lyndon R. Helton, PLLC, to help you achieve your goals and expectations during the divorce process. We know this is a stressful time, so our group of experts is here to help you in any way that we can.