You’ve made it to this point. In other words, if you are on our website, and reading this section, you are searching for a divorce attorney in Craven or Carteret County North Carolina. You’ve come to an impasse and unfortunately, staying together is no longer an option. So what’s the solution? It starts with the answer to the question: Are You Ready To Move Forward With Your Life?
If the answer is yes, keep reading.
Forrest Family Law is a boutique law firm in New Bern, North Carolina that specializes in divorce, military divorce, child custody, child support, equitable distribution of debt and assets, alimony and post separation support in Craven and Carteret County – exactly what you would expect us to specialize in. More importantly we specialize in YOU.
We take special care to understand your personal situation because each divorce or separation is unique and typically not simple or easy. We prepare a tailored plan to your specific circumstances and we make sure we fully comprehend your situation to achieve your desired outcome. If the situation with your spouse is best handled negotiating an agreement out of court, we know what to do. If is best using aggressive litigation, we are ready to go. At Forrest Family Law, we believe your best, most effective solution lies in a customized approach.
Legal Terms
Absolute Divorce
Absolute divorce is where neither spouse is considered at fault. Either spouse can file an absolute divorce complaint with the North Carolina courts. In order for an absolute divorce to be granted, the spouse seeking the absolute divorce must be able to prove that they have lived separately for more than 12 months. In addition, you and your spouse must fulfill the following requirements:
- At least one spouse has resided in North Carolina for at least 6 months prior to filing for divorce.
- You were lawfully married and at the time of the separation at least one of you intended for the separation to be permanent and you, as a couple, have not resumed marital relations or duties.
Equitable Distribution
Equitable distribution is the legal term for dividing up marital assets and debts between you and your spouse. Although the courts prefer an equal division between spouses there are many factors which if proven at trial can justify an uneven distribution in favor of one spouse over the other. At Forrest Family Law, we will help negotiate the best possible way to divide your assets.
If you and your spouse cannot come to an agreement on the division of your assets and debts, the Courts will presume that an equal division between spouses is fair and equitable. However, either spouse may request an unequal division in their favor. The following are some factors in which a judge will consider:
- The marriage between two spouses is long term
- The spouses had nearly equal wealth and property before the marriage
- Both spouses have approximately the same earning ability
- There are no minor children involved
Did you know that your divorce does not cover equitable distribution or custody? These are considered separate to the court and must be handled differently. That’s why it is important to call Forrest Family Law.
Divorce From Bed & Board
Divorce from bed and board is a legal separation between two married spouses. In North Carolina, this means that a legal separation between two people can be initiated by either you or your spouse, and at-fault grounds must be proven by the spouse seeking the divorce from bed and board. Unlike an absolute divorce, in a divorce from bed and board, you remain technically married even if a divorce from bed board is granted. Neither spouse can remarry until an absolute divorce is granted. We can review this option and the grounds for it with you in detail if it is what you choose to pursue.
Separation & Property Settlement
Marital separation and property settlement agreements outline specific terms of a couples’ separation to include property division, child custody, or child support. These agreements can be executed just prior to a physical separation or after a physical separation and in most cases can be incorporated into a divorce judgment.
