Blowing Rock Divorce Lawyer

Divorce Attorney In Blowing Rock

Going through a divorce is often one of the most difficult experiences a person can go through. It can be incredibly overwhelming to navigate federal and state laws on your own while also dealing with the tough emotions involved. Having a knowledgeable Blowing Rock divorce lawyer on your side to guide you during the entirety of legal proceedings is vital to protecting your legal rights.

Experienced Divorce Attorneys in Blowing Rock, NC

The Jonas Law Firm, P.L.L.C., has provided legal services to families and individuals in North Carolina for over a century. Established in 1912, we now work with the great-grandchildren of our founder’s clients in all facets of family law. Our current team of family law attorney bring decades of experience to each case. As longtime residents of North Carolina, we want the most favorable outcome for our clients.

Understanding Blowing Rock Divorce Laws

Divorce in North Carolina is outlined in Chapter 50 of the state’s General Statutes. In Blowing Rock, these cases are usually overseen by the Watauga County Courthouse at 842 West King Street in Boone.

Per the statutes, a couple must be legally separated for at least one full year before filing for divorce. To be considered legally separated, they must live in separate homes and at least one of them intends for the separation to be permanent. Simply living apart is not enough if neither spouse intends to end the relationship. However, there is no need for a court order or written agreement to be considered legally separated.

In addition to separation, at least one spouse must have lived in North Carolina for six months before filing. A person does not need their spouse’s agreement or signature to get divorced.

Property Division in North Carolina

When a couple divorces, they may need the court to divide their marital property. There are two types of property considered during divorce:

• Separate property. This is any property that a person owned before getting married. This can also include inheritance or gifts received during marriage.
• Marital property. This is any property, besides inheritance and gifts, gained during the marriage. It also includes debts.

With the average home in Blowing Rock valued at $667,300 in 2023, real estate is typically the most valuable asset in a couple’s marriage. Marital property is generally split equally, but can be split unevenly depending on a variety of factors, such as:

• Income of each spouse
• Property and debts of each spouse
• Age and health of each spouse
• The length of the marriage
• Tax implications
• Financial contributions made by each spouse during the marriage

How Alimony is Decided in Blowing Rock

Alimony is financial support paid by one spouse to the other after separation. With an average household income north of six figures, alimony can be a significant topic for divorcing couples. Outlined in North Carolina General Statute § 50-16.3A, either spouse can ask the court for alimony during a divorce case.

To make this decision, the judge considers many factors, including:

• How much each spouse earns now and could earn in the future
• Whether one spouse helped the other get an education or job training
• Whether one spouse is raising a minor child and can’t work full time
• The lifestyle the couple had during the marriage
• The education and job skills of the spouse asking for alimony, and how long it would take to become financially independent
• Whether one spouse contributed to the household by being a homemaker

The judge will award alimony only if one spouse is financially dependent on the other, and it’s fair to do so after looking at all the circumstances.

The judge decides how much alimony to award, how long it should last, and how it will be paid, such as monthly payments or a lump sum. It may be set for a specific time or continue indefinitely.

Hire a Divorce Lawyer

With a focus on family law, The Jonas Law Firm, P.L.L.C. understands the intricacies and heavy feelings often involved in our clients’ cases. We strive to approach every case with the compassion it deserves and are committed to offering straightforward legal advice and expectations. Our Blowing Rock team can help ensure your divorce process is smooth and seek to avoid costly legal battles with the other party.

FAQs

What Types of Divorces Does North Carolina Recognize?

North Carolina only allows no-fault divorce. This means that neither spouse must prove wrongdoing, such as adultery or abandonment. Fault is not considered in the divorce process itself, although it may affect issues like alimony. If there was wrongdoing in your marriage, it’s important to hire a divorce lawyer to help ensure your rights are protected during divorce.

How Does Child Custody Work in North Carolina?

In North Carolina, you don’t need a custody order unless there’s a disagreement or legal need. Parents can share custody, or one parent may have sole custody. Courts decide custody based on the child’s best interests, not on the parent’s gender or ability to pay child support. Visitation allows a parent to spend time with the child. Courts may issue temporary or permanent orders, and any changes or enforcement must go through the court. Helping children through the transition is key. If you want guidance on supporting your kids through this time, you’ll find useful insights on helping kids get through their parents’ divorce.

Does Marital Misconduct Affect Alimony?

Marital misconduct can strongly affect alimony. If the dependent spouse had an affair before separation, they are usually barred from receiving alimony. If the supporting spouse committed adultery, the court must award alimony. If both spouses were unfaithful, the judge has discretion to decide. Other misconduct, such as abandonment, cruelty, or excessive spending, may also influence alimony decisions.

What Happens if My Ex Violates a Court Order?

If a person violates a court order involving support, custody, or property, the other party can file a motion for contempt. A judge may order the violating party to comply, pay a fine, cover attorney’s fees, or even serve time in jail. If a separation agreement was included in a court order, it can be legally enforced.

Contact Our Blowing Rock Divorce Lawyer Team Today

How divorce proceedings play out can affect the rest of your life. It’s vital to hire an attorney who understands North Carolina family law and Watauga County procedures. With decades of experience, The Jonas Law Firm, P.L.L.C., is committed to protecting your legal rights and advocating for a fair outcome.

Our clients value our professionalism and caring approach towards their cases. If you need legal support with your divorce case in Blowing Rock, contact our team today for a free consultation.