What is a separation agreement? A separation agreement is a contract between a husband and wife that sets out the terms of their separation. A separation agreement helps ensure that all property and debts are divided in a manner fitting to the divorcing parties. Separation agreements are advantageous for many reasons. The primary advantage of a separation agreement is that the parties may negotiate the terms of the agreement without having the courts involved. This gives the parties more control in making an arrangement that works best for them and keeps the matter from becoming public record. Separation agreements also tend to be quicker and less expensive than litigation. One disadvantage is enforceability. A separation agreement, as long as it isn’t incorporated as part of the divorce decree, is a contract between the parties, not a court order. To enforce a separation agreement, a party would have to bring an action for breach of contract. Breach of contract lawsuits may be lengthy and expensive. A court order, conversely, is enforceable through the power of contempt. Contempt actions tend to be easier to bring than breach of contract actions. If you need legal advice concerning separation agreements and the divorce process, please contact Adkins Law to arrange a consultation with a divorce attorney. Adkins Law is located in Huntersville and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, and the Lake Norman area.
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An uncontested divorce occurs when neither party is arguing over anything and they simply want to terminate their relationship. Typically, the parties have either already divided their property or there wasn’t any property to divide.
How do I get a divorce in Mecklenburg County? In Mecklenburg County, there are a number of requirements before you can file for divorce: 1. Either the plaintiff or the defendant must have lived in North Carolina for at least six months prior to filing for the divorce. 2. The plaintiff and the defendant must have lived separate and apart for at least one year and one day prior to filing for the divorce. Once the statutory time period has passed, either party may file for divorce. 3. The plaintiff must be able to prove that he or she served the defendant. This can be done through certified mail, the sheriff, or publication. Service is typically done by certified mail before using the services of the sheriff. If the defendant cannot be located, service by publication may be used. Once I file for divorce in Mecklenburg County, how long does it take? Once the plaintiff files for divorce, the defendant has 30 days to respond. If 30 days have passed and the plaintiff can prove that the defendant has been served, the plaintiff may submit a motion for summary judgment for divorce. Typically, a court date for the motion for summary judgment will be set several weeks out from the date the motion is filed. The average divorce may take anywhere from three to six months to be finalized. Am I required to appear in court for a divorce in Mecklenburg County? No. In an uncontested divorce in Mecklenburg County, neither party has to go to court: your divorce lawyer may handle the entire matter for you. This is true even if you live in another county. What does it cost to get a divorce in Mecklenburg County? In Mecklenburg County, court costs for filing a divorce are $225.00. There is also a $20.00 fee for a notice of hearing and a $10.00 to resume your maiden name. Additionally, you must pay to have the divorce complaint and summons served. Although this typically costs around $10.00 to serve via certified mail, it can be more expensive if service is required by sheriff or by publication. At Adkins Law, the goal is to make divorce as fast and painless as possible. We charge comparable and reasonable rates and are available for you when you need us. Adkins Law is located in Huntersville NC and primarily serves Mecklenburg County. If you need a divorce lawyer in Huntersville NC, a divorce lawyer in Cornelius NC, or a divorce lawyer in Charlotte NC, please contact Adkins Law. Divorce is an ugly word with unpleasant connotations. But is it really? Unfortunately, not every couple was meant to be together. Does that mean they should try to force their relationship? Statistics say that more than half of marriages in the United States end up in divorce. When people don’t get along, is it better for them to remain together and try to work things out or is it better to separate and move on? These questions, of course, are fact specific and not easy to answer at all. The goal, either way, is that both parties are able to live life in a manner that makes them happy.
If you think you need a divorce, we recommend that you try marriage counseling first. Often, these decisions are made impulsively and marriage counseling can be extremely beneficial. Other times, divorce is a result of a trickling effect of long-term arguments and indifferences. Some couples have irreconcilable differences that lead to divorce. Whatever situation you’re in, let Adkins Law be your divorce counselors. To qualify for divorce in North Carolina, you must have lived in the state for at least six (6) months before filing. Additionally, you must have lived separate and apart from your spouse for a one-year period. After that period has passed, you may file for divorce in North Carolina. Speaking with a Huntersville divorce lawyer in Huntersville NC is extremely important. Depending on your situation, there are a number of claims that must be made before your divorce is finalized or they are lost forever. The division of marital property, also known as equitable distribution, as well as alimony, are certain claims that must be made before a divorce is finalized or they may not be made later. A divorce lawyer is able to counsel you on what claims need to be made and counsel you on the overall divorce procedure. If you are considering separating from your spouse and would like to speak to a divorce lawyer in Huntersville NC, a Cornelius divorce lawyer in Cornelius NC, or a divorce lawyer in Lake Norman, please contact Adkins Law. Adkins Law PLLC is located in Huntersville NC and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Denver, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area. Please contact Adkins Law to schedule a consultation with an experienced divorce lawyer in Huntersville NC. |
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