Divorce Lawyer
Our family lawyers undertake work involving a broad range of cases, including:
- Divorce Representation
- Child Custody & Support
- Property Division
- Spousal Support & Alimony
- Adoption and Parentage
- Military Family Law Matters
- Relocation
- Prenuptial & Postnuptial Agreements
- Divorce Mediation
Divorce Representation in Johnston County and Sampson County, North Carolina
- Contested and Uncontested Divorce
- High-Asset Divorce
- Divorce Involving a Business
Navigating a divorce can be overwhelming. We provide compassionate support and robust representation to help you through this challenging time. We handle all aspects of divorce proceedings, ensuring your rights and interests are protected throughout the process. Give our team a call today to get started, or reach out through our online form.
Child Custody & Support
Your children’s well-being is our top priority. We work diligently to establish custody arrangements and support agreements that serve the best interests of your children while safeguarding your parental rights. Whether you are dealing with complex custody disputes or need assistance modifying existing arrangements, our attorneys are here to help.
Property Division
Dividing marital property can be a contentious aspect of divorce. Our attorneys help ensure a fair distribution of assets and liabilities, when it comes to the final divorce financial settlement. Get legal oversight when it comes to the consideration of factors like property valuation, debt allocation, retirement, and 401(k) division. We strive to protect your financial interests and secure a stable future post-divorce.
Spousal Support & Alimony
We assist clients in seeking or contesting spousal support arrangements. Our goal is to ensure any alimony agreements are fair and reflect the financial realities of both parties. We provide guidance on the types of alimony available in North Carolina and advocate for your interests during negotiations or court proceedings.
Adoption and Parentage
Expanding your family through adoption is a joyous occasion but involves complex legal procedures. We guide you through the adoption process, whether it’s stepparent adoption, relative adoption, or agency adoption. Additionally, we assist with parentage issues to establish legal parental rights and responsibilities.
Military Family Law Matters
Military families face unique legal challenges due to deployments, relocations, and federal regulations. We have experience handling family law matters specific to military service members and their families, ensuring compliance with military regulations and federal laws like the Servicemembers Civil Relief Act.
Relocation
If you or your former spouse is considering relocation, we can help navigate the legal implications, especially as they relate to child custody and visitation rights. We work to modify existing custody agreements to reflect changes and advocate for arrangements that serve the best interests of the child.
Prenuptial & Postnuptial Agreements
Prenuptial Agreements
A prenuptial agreement—often called a prenup, premarital agreement, or antenuptial agreement—is a legally binding contract made between two people before they get married. This contract typically details:
- Each person’s assets and debts before marriage.
- How property, assets, and debts will be divided if the marriage ends by divorce or death.
- Terms for spousal support or alimony in the event of separation.
- Rights regarding inheritances or estates if one spouse dies.
With a prenuptial agreement, we can also help you override or clarify North Carolina state laws regarding your preferences for property division and spousal rights.
Postnuptial Agreements
This agreement serves a similar purpose to a prenuptial agreement but is executed after the wedding rather than before. It outlines how property, assets, and debts will be divided in the event of a divorce, separation, or the death of one spouse. It can also detail a plan for spousal support. While less popular, there are still some great reasons for choosing a postnup. Some couples may still choose a postnup for reasons like:
- Protecting inherited assets.
- Defining business interests.
- Updating prior agreements (like a prenup).
- Providing financial clarity to reduce marital and family conflict.
While prenuptial and postnuptial agreements provide more legal flexibility, these agreements are still subject to North Carolina state laws and must generally be approved by the court to be enforceable. Our experienced family lawyers can help you create a legally-binding prenuptial or postnuptial agreement that abides by North Carolina state law.
Divorce Mediation & Collaborative Law
For clients who need to file for divorce, but prefer to explore alternative dispute resolution methods, ask about our divorce mediation and collaborative law services.
What is mediation in divorce?
Mediation in divorce is a voluntary, confidential process in which a neutral third party – the mediator – facilitates discussions between spouses to help them resolve issues related to their divorce. These discussions include all the relevant areas, like property division, child custody, child support, and alimony.
Agreeing to use alternative dispute resolution methods generally saves time, reduces your costs, and minimizes conflict between partners. Emphasis is placed on fostering cooperative problem-solving. Plus, another key benefit is that you retain more control over the outcome.
Minimizing Time in Divorce Court
You don’t need necessarily need to end up in a lengthy divorce court dispute with your spouse. We can help you explore alternative legal options, and help you minimize contention during your divorce, and maximize the probability of an uncontested divorce proceeding.
Prenuptial and Postnuptial Agreements
Protect your assets and clarify expectations with a prenuptial or postnuptial agreement. We help draft and review your agreement to ensure it is legally sound and enforceable in the state of North Carolina, providing peace of mind for your future.
Separation Agreement
A separation agreement in North Carolina is a private contract between spouses who are separated or intend to separate very soon. It outlines how important matters such as division of property, spousal support, child custody, and other responsibilities will be handled during the period of separation. The agreement can help avoid litigation by resolving issues in advance, and may be incorporated into the final divorce order if both spouses wish.
Divorce Mediation
For clients seeking alternative dispute resolution methods, we offer mediation and collaborative law services. These approaches can save time, reduce costs, and minimize conflict by fostering cooperative problem-solving, allowing parties to reach amicable agreements outside of court.
Why choose DWLS for your family and marital legal needs?
These are just a few of the ways that we can help ease the burden of your divorce. Reach out to our team for a full exploration of your best options.
We understand that the prospect of going to divorce court can be daunting. We do everything within our legal powers to help you achieve a peaceful outcome, with an uncontested divorce if possible.
But should divorce court become necessary, our experienced divorce lawyers have the track record you need when it comes to creating a successful outcome.
Get started with your marital separation, divorce mediation, or court case today by calling our Smithfield or Clinton law offices. Or contact us through our online form and request a call back or an email reply.
NC Divorce Law FAQs
How do I file for divorce in North Carolina?
To file for divorce in North Carolina, one spouse must have been a resident of the state for at least six months. The process begins by filing a Complaint for Absolute Divorce with the clerk of court in the county where either spouse resides. It’s advisable to consult with our DWLS family law team to ensure all legal requirements are met and your rights are protected throughout the process. Working with our experienced family lawyers will help ensure you’ve covered all of your bases for a smooth divorce process.
Is a separation agreement required to divorce in North Carolina?
No, a separation agreement is not required. In North Carolina to be legally separated (a prerequisite for divorce). You simply need to live in separate residences and at least one spouse must intend for the separation to be permanent. You do not need anything in writing, nor do you need to file anything with the court to be considered legally separated.
To file for divorce (an “absolute divorce”) in North Carolina, you must:
- Have lived separate and apart (in different homes) for at least one year, with at least one spouse intending the separation to be permanent.
- Have been a resident of North Carolina for at least six months before filing.
- Your spouse’s consent is not required as long as the residency and one-year separation requirements are met.
However – a separation agreement can be a very helpful tool on the path to an uncontested divorce – particularly for resolving financial or child-related matters – but it is not a legal requirement to be separated or to divorce in North Carolina.
Save yourself the strain of a high-conflict divorce – reach out today for our help with your separation agreement.
Do you need to go to court for an uncontested divorce in North Carolina?
In North Carolina, you generally do need to go to court for to finalize your divorce, even if uncontested. However, our team will help you prepare, so you know what to expect. Plus, with an uncontested divorce, the process is usually straightforward and brief.
Note that there are exceptions in some North Carolina counties, where it may be possible to obtain a divorce without appearing in cour – for example, through a Divorce by Summary Judgment or a Divorce before the Clerk. This usually involves having our legal team process your paperwork and appear on your behalf or submitting an affidavit, but this option is not available everywhere and may require meeting certain local rules and procedures.
Contact us today so we can help determine your available options.
Can a postnup address issues like business ownership or inheritance protection?
Yes. In addition to a prenuptial agreement, a postnuptial agreement is a great way to address issues such as business ownership and inheritance protection. These agreements allow each spouse to set clear terms regarding the classification, management, and division of specific assets – including businesses and inheritances – should the marriage end in divorce or death.
Regarding business ownership, a postnup can:
- Identify and designate business interests as separate (non-marital) property, ensuring the company or its shares remain under the owner’s control, even in the event of a divorce.
- Clarify each spouse’s percentage of ownership or specify that the non-owner spouse will not be entitled to a share of the business depending on contributions or agreements.
- Define business valuation methods for future division or settlement, reducing potential disputes.
- Protect business partners and future growth by minimizing the risk that business interests could be disrupted by marital disputes or claims.
For inheritance protection, a postnuptial agreement can:
- Expressly state that any inheritances received by either spouse—during the marriage—will remain that spouse’s separate property and won’t be divided as marital/community property.
- Set terms for appreciation or income stemming from inherited assets, clarifying whether these are also protected or shared.
Additionally, a postnup can help with broader asset protection by providing clarity in financial obligations, preventing operational disruptions during personal disputes, and ensuring business continuity and future planning. Legal advice is essential to ensure a postnup is valid, enforceable, and tailored to specific business or family circumstances.
A well-drafted postnuptial agreement is a valuable tool for protecting business interests and safe-guarding inheritance rights within a marriage. Contact us today with your questions or to get started on an agreement.
What factors determine child custody?
In North Carolina, courts determine child custody based on the best interests of the child. Factors considered include each parent’s ability to provide for the child’s physical and emotional needs, the stability of each parent’s home environment, the child’s relationship with each parent, and, in some cases, the child’s own wishes. Courts aim to facilitate a custody arrangement that supports the child’s overall well-being.
How is property divided in a divorce?
North Carolina is an equitable distribution state when it comes to property division during divorce. This means that marital property is divided fairly, but not necessarily equally, upon divorce. The court will consider factors such as the length of the marriage, each spouse’s income, contributions to the marriage, and other relevant factors when dividing property. Separate property, such as assets owned before the marriage or received as gifts or inheritances, is typically not subject to division.
Our Divorce Lawyers Are Ready To Help
Schedule a free consultation today
Please contact the law attorneys at Daughtry, Woodard, Lawrence, & Starling to schedule an initial consultation to discus the details of the legal situation you are facing. We have office locations in Smithfield and Clinton, and serve clients throughout the surrounding areas.