Boone Divorce Attorneys
Strong advocacy for spouses and children when a marriage ends
When facing the prospect of divorce, you likely have many questions. Spousal support, child support, division of property – all of these matters can feel daunting, and for good reason. Even a short-lived marriage can have many legal issues to work through, and an experienced Family Law attorney can provide much-needed peace of mind. At Epperson Law Group, PLLC, we have decades of experience working with clients just like you. Our Boone family law attorneys are ready to help you navigate the process and provide knowledgeable guidance – keeping your best interests in mind every step of the way. Don’t hesitate to contact us today.
How can we help?
- What are the grounds for divorce in North Carolina?
- What is a “divorce from bed and board?”
- What types of divorce issues do you handle in Boone?
- Do you handle military divorces in Boone?
- How will property division affect my finances and other assets in a divorce?
- Do you handle child support and spousal support when spouses divorce?
- How can arbitration and mediation resolve my divorce?
- Can you protect me if my spouse is violent?
- Do you have a Boone divorce lawyer near me?
What are the grounds for divorce in North Carolina?
North Carolina is a no-fault divorce state, which means that either spouse can bring forth an action to end the marriage, and they don’t have to prove that the other spouse did anything wrong. Typically, you can just state “irreconcilable differences.”
In more specific terms, this is called an Absolute Divorce, and there are technically two grounds.
On rare occasions, the court can grant a divorce on the grounds of incurable insanity if a couple has lived separately and apart for three years due to the incurable insanity of one spouse. This typically requires expert testimony from accredited doctors and psychiatrists.
More commonly, the courts grant a divorce after separation for one year. Either spouse may file for divorce if:
- The couple has lived in separate residences for one year
- One of the spouses has been a resident of North Carolina for at least six months prior to filing for divorce
- The couple is no longer engaging in regular sexual activity
It’s important to note that North Carolina is unique from many other states in that it does not consider separate bedrooms or separate areas of the house to be a separation.
What is a “divorce from bed and board?”
Although it’s true that North Carolina is a no-fault divorce state, there is an exception. Under N.C. General Statutes Chapter 50-7, a divorce from bed and board is like a court-ordered separation.
Typically, these are only ordered when one spouse won’t enter a separation agreement. A divorce from bed and board is fault-based and, per the statute, the complaining spouse must prove they’ve been injured under one of the following grounds:
- Abandons their family
- Maliciously turns the other out of doors
- By cruel or barbarous treatment endangers the life of the other
- Offers such indignities to the other as to render their condition intolerable and life burdensome
- Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome
- Commits adultery
If you have any questions about divorce from bed and board, our Boone divorce attorneys are happy to consult with you.
What types of divorce issues do you handle in Boone?
Divorce involves much more than an official decree and the division of property, child custody, and child support. Our Boone divorce lawyers handle the following issues that also need to be resolved before your divorce is final:
- Alimony/Spousal support
- Bankruptcy and Divorce
- Separation Agreements
- Tax Ramifications of Divorce
- Estate Planning & Domestic Issues
We also prepare premarital and post-marital agreements.
Do you handle military divorces in Boone?
Yes! We represent spouses who are serving our military at home and abroad. We also represent their non-military spouses. Our Boone divorce lawyers understand when and how members of the military who are deployed can request a stay of any proceedings, how military members can be served with divorce papers, what protections the Servicemembers Civil Relief Act provides, and how child custody and child support are handled.
We can help you through this difficult time.
How will property division affect my finances and other assets in a divorce?
In North Carolina, we follow the equitable distribution model of distributing property and assets during a divorce. With this method of property division, the court splits the marital assets fairly, but not necessarily 50/50.
If you and your spouse can’t come to a mutual agreement on how to split your property and assets when you divorce, the court will do it for you using equitable distribution. First, they classify all of your and your spouse’s property into marital and separate property, defined according to law. Then, they’ll divide the marital property equally. The separate property usually isn’t eligible for division.
The attorneys at Epperson Law Group, PLLC can help you protect your assets and secure the life you’ve worked so hard to build.
What is marital property versus separate property?
Often, divorcing partners may disagree on what property belongs to which spouse. This isn’t uncommon and is why the courts differentiate between marital and separate property. Generally, marital property includes all of the currently owned property the couple acquired during their marriage, with the exception of what the court deems separate property.
Separate property includes:
- Property or assets owned by one spouse before the marriage
- Property or assets one spouse acquired during the marriage via gift or inheritance
The court may also assign divisible property, which includes any changes in value (positive or negative) of your marital assets that occur between the date of your separation and the finalization of your divorce.
Do you handle child support and spousal support when spouses divorce?
When parents divorce, the children shouldn’t suffer. Your children should be able to live their lives as closely as possible to the way they did before the divorce. We can help ensure the proper amount one parent pays the other for their child’s support is determined – and made part of a court order. Our lawyers can obtain temporary child support while your divorce is pending, and permanent child support, due from the time of the divorce until your child turns 18.
Our family lawyers can explain when a spouse is entitled to alimony (spousal support), how the amount of alimony is determined, and the length of time the obligor spouse must pay alimony. There are two types of spousal support awards in North Carolina. A spouse can be awarded:
- Post-separation spousal support while the divorce is pending so a spouse with more comprehensive finances can’t take advantage of the other spouse
- Alimony is long-term spousal support that is paid after the divorce becomes final.
How can arbitration and mediation resolve my divorce?
North Carolina permits (and actively encourages) spouses to avoid litigation by using arbitration and mediation. Both arbitration and mediation are alternative dispute processes that are generally less costly, less contentious, and more private than court cases.
Mediation involves working with a neutral person (a person skilled in resolving marital disputes) who will try to forge an agreement regarding the division of your marital property, child custody, parenting plans, and child support. Parents must use the North Carolina Child Custody and Visitation Mediation Program if there are disputes about child custody and parenting plans. The mediator does not decide any disputes. We can represent you throughout the mediation.
Arbitration is a voluntary process in which the spouses submit their positions for each type of divorce dispute to an arbitrator. The process is less formal than a court hearing. You can even use video conferencing. The decision of the arbitrator regarding the division of your marital property, child custody, child support, and child custody is final. An arbitrator cannot decide whether spouses can divorce and doesn’t handle adoptions.
The collaborative divorce process is also an option. In this process, both spouses and their attorneys work with a variety of experts (financial appraisers, pension experts, child psychologists, and others) to try to reach an overall divorce agreement.
Can you protect me if my spouse is violent?
Yes. We can file requests for domestic violence protective orders (DVPOs) if your spouse physically abuses you, commits sexual abuse, threatens you, or seeks to exercise coercive control over you – while your divorce is pending and after your divorce is final. A DVPO (also called a 50B order) can prohibit your spouse from having contact with you for up to one year. A DVPO can be renewed. A DVPO can also determine who has temporary custody of your child. You can request a DVPO if your spouse’s abuse involves you or your child.
Do you have a Boone divorce lawyer near me?
Epperson Law Group, PLLC, meets spouses going through a divorce at our Boone office located at 870 W. King Street, Unit A. We serve clients throughout North Carolina. We also offer virtual conferences and telephone consultations.
We can answer your questions and guide you calmly and firmly through each step of the divorce process.
Speak with a dedicated and experienced Boone divorce attorney today
If you’re considering a divorce, the legal team at Epperson Law Group, PLLC stands ready to help. With decades of experience in North Carolina family law, our divorce lawyers can advocate for the rights of you and your family. Let us help you secure your personal and emotional future. To schedule a consultation please call us or fill out our contact form.
Boone Office
184 N Water Street
Boone, NC 28607
Tel: 704-859-2264