Divorcing couples often get caught up in the emotional issues that lead to costly litigation over matters that really won’t be important six years, or even six months from now. We work toward finding solutions that protect your immediate interests, but always with an eye toward a final outcome that you will live with the rest of your life. Opposing attorneys know that we come to the table with a realistic expectation of a fair outcome and they understand that we will protect your interests. When we sit down to negotiate a property settlement, spousal support or a child custody matter, it is always with the intention of finding a resolution that will not only protect your interests, but will also be acceptable to the court.
Turner Law Firm, PLLC will give straight answers to your serious questions.
How much does your firm charge for uncontested divorces?
Turner Law Firm, PLLC charges a $750 flat fee to handle an uncontested divorce, which covers the court costs, filing fees and basic services for the divorce. Other issues such as child custody, child support, property division and alimony are done at attorneys’ hourly rates, and retainers vary per case.
Does your firm offer payment plans for the retainer, consultation fee or any additional fees?
Turner Law Firm, PLLC requires the consultation fee of $100.00 to be paid at the time of your appointment. In most cases, trust deposits or fees must be paid in advance of services rendered in order to retain an attorney in your case. We do accept credit cards for payments.
Getting Married or Divorced in North Carolina
Our attorneys can help you navigate the marriage laws in North Carolina. Whether your issue is the drafting of a pre-marital agreement, domestic violence or name changes after divorce, our attorneys provide legal expertise with a common-sense approach. We recognize that each person’s situation is unique and requires a personalized strategy.
How do I get a legal separation?
There is technically no such thing as a “legal separation” in North Carolina. You are legally separated when at least one spouse has left the residence with the intention to live separate and apart and to not resume the marital relationship. If you require legal documents demonstrating your separation prior to divorce, the law provides several options, but none are required to deem you “separated.”
How long do you have to be separated before getting divorced in NC?
In North Carolina, you must be separated for a period of one (1) year and one (1) day prior to filing for absolute divorce.
How long will my case take?
It depends on the specifics of each case, the county in which the case is pending, the Judge and the docket, as well as how many and how complicated the issues involved in the case are or become. Moreover, the schedule of all parties and their respective counsel will impact scheduling, as well as the time of the year, which affects the court’s docket. The level of controversy between the parties is always a factor impacting the perceived speed of the case. Remember, expediency is not always in a client’s best interests. Your case will take as long as it needs to take from uncontested divorce to complicated alimony, child support, visitation, and marital distribution, spouses who co-owned a business, complicated asset ownership or other mitigating circumstances.
Remember in North Carolina you have to be separated one (1) year and one (1) day prior to filing for absolute divorce.
Am I separated if we live in separate bedrooms?
No. The law requires separated spouses to reside in separate residences.
I live in North Carolina but my children live in another state, where do I file/seek custody/visitation for them?
Typically, the action is most often proper in the state where the children have lived for the past six (6) months. However, the specific circumstances will determine where custody cases are properly located, and an attorney will need to advise you in this regard in your initial consultation.
How do I get my spouse removed from the marital residence?
There is no legal mechanism to have your spouse evicted from the home to commence the separation period. There are some legal theories that can be tried, but they can be expensive and time consuming. You should speak to an attorney if you desire to start the legal process, but neither you nor the opposing party wish to leave the home. We will help you understand your options.
If I move out, will my spouse claim abandonment?
That is a technical argument and the facts are very important. If both parties agree someone must move, abandonment is not an issue. Since separation requires one party to leave, most of the time the issue is not relevant to your case. If you are unsure, you need to consult with Turner Law Firm, PLLC before you leave.
What is Alimony/Spousal Support?
Spousal support is financial assistance that one ex-spouse pays to another during separation or after divorce. In North Carolina, spousal support is called post separation support and alimony.
If you agree to the wrong amount of spousal support or the wrong amount is ordered by the Court, it can cause economic disaster for the family. It is important to be fully informed and advised about North Carolina’s spousal support law. It is best to have a strong advocate to represent your interests to ensure that you are in the best economic position during and after your separation. Whether you are entitled to temporary or permanent spousal support or trying to prevent excessive amounts of support from being granted, one of our team of lawyers is here to assist you.
Post separation support and alimony are payable by a “supporting spouse” to a “dependent spouse” and may be payable until remarriage, death, cohabitation or for a specified period of time. Whether spousal support will be paid, how much spousal support will be payable and for how long spousal support will be paid are typically contentious issues.
Factors to Consider in Alimony or Spousal Support Cases
When considering whether to order alimony or post-separation support in a specific case, a North Carolina divorce court judge will consider a number of different factors, including factors such as:
- Did one spouse commit marital fault such as an extramarital affair or abuse?
- Did one spouse waste marital assets, resulting in fewer assets for the spouses to share after the divorce?
- How long was the marriage?
- What are the spouses’ educational and professional backgrounds?
- Do both spouses have a history of working outside the home?
- What type of lifestyle did the spouses enjoy during the marriage?
- Does one spouse need additional education or vocational training in order to enter the workforce?
Answers to these and other questions will have tremendous impact on a judge’s decision about whether to order post-separation support or alimony in a specific case and how much.
Negotiating Property Division and Equitable Distribution of Assets
Dividing property acquired during your marriage can be one of the most challenging issues facing a divorcing family. Whether negotiating a separation agreement or the equitable distribution of assets, our attorneys can answer your questions and advise you of your options. We will help you outline your goals, develop strategies and implement methods to move you toward your objectives.
Do I have to go to court?
There are many options for resolving your case amicably. In your initial consultation, the attorney can advise you regarding mediation or settlement conferences before preparing for court.
Do you accept any pro bono cases?
We work with all of our clients to ensure fair payment depending on the type and complexity of their case and the client’s financial situation. We are very good stewards of client funds. Pro Bono cases are accepted at the discretion of the firm.
If you are considering filing for divorce in North, there are many important decisions you will be making in the next several weeks and months. Turner Law Firm, PLLC is licensed to practice in North Carolina family law courts. Our professional staff places a strong focus on making sure every client receives the highest levels of compassionate, responsive representation.