Divorce Attorneys
in Winston-Salem, NC
When searching for a Winston-Salem divorce attorney, consider a team that knows the complexities of the family court system and that will stand for your best interests. Contact us today and let us fight for your family.
Four convenient offices in Winston-Salem, Greensboro, and High Point, NC!
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Experienced Divorce Lawyers Near You
If you’ve decided it’s time to file for divorce, the Winston-Salem divorce attorneys at Dummit Fradin will be happy to guide you with getting an absolute divorce in North Carolina. Unfortunately, the emotional nature of a divorce means it often gets messy. It requires a knowledgeable and experienced hand at the helm.
That’s where our team comes in. With over 30 years of experience in the field, our team can guide you through the entire process. We can advise you of issues you may not have even considered but that will be critical when getting a divorce. Contact us today to learn more.
A trusted divorce attorney explains how divorce is not the same thing as being legally separated.
MEET OUR WINSTON-SALEM DIVORCE ATTORNEYS
Absolute Divorce in Winston-Salem, NC
In Winston-Salem and throughout North Carolina, any divorce is also known as an “Absolute Divorce.”
A divorce does not require fault from either partner in the marriage; this is known as a “No-Fault Divorce.”
If you want a divorce in Winston-Salem, you need to petition the court for a “judgement of absolute divorce”. Once a judge grants the petition for Absolute Divorce, the marriage is officially ended and both partners are considered single again.
Winston-Salem Divorce Criteria
There are a few simple conditions that must be met to be granted a divorce in Winston-Salem. First the marriage needs to be lawful in the state of North Carolina. Secondly, at least one person in the marriage must be a citizen of North Carolina for at least 6 months. Thirdly, the couple must be legally separated and living apart for one year, before filing for the divorce. Once the conditions are met, you can petition the court and the judge will grant a divorce or will instruct concerning what conditions were not satisfied.
If you have any questions about these criteria, our Winston-Salem divorce attorneys are more than happy to assist you.
Divorce Criteria
Legal Separation Prior to Divorce
In order to petition the court for a divorce, both partners in the marriage must have spent a period of one year legally separated. In Winston-Salem, there are only two types of separation, voluntary and “divorce from bed and board”. Easily the most common separation is voluntary separation. The Winston-Salem courts consider the start date of the separation to be the first day the married couple starts living apart with the intent to be divorced.
You can’t share a home and be considered separated in North Carolina. Both members of the marriage must have separate residences. The Forsyth County courts do not require an formal separation agreement, in order for the separation to be legal.
The second type of separation is rarely used, but the Winston-Salem courts can grant a separation known as “divorce from bed and board.” This form of forced, involuntary separation is rarely done, but it is wise to be aware of its existence.
Contact our Winston-Salem divorce attorneys to discuss the course of action for your particular divorce case.
Divorce Self-help Center in Winston-Salem, NC
People hoping to obtain a divorce in Winston-Salem can utilize the courthouse self-help center on their website to review forms and processes. However, the self-help package DOES NOT cover child support, child custody, distribution of property, or spousal support. In addition, they cannot give legal advice regarding your divorce. Only a licensed attorney can advise you of the consequence of divorce.
The majority of divorces in Winston-Salem are uncontested, also known as a simple divorce. An uncontested divorce is one where both spouses agree to the divorce; however, agreement or consent is not enough. Once you have served the complaint and waited the required 30 days, a motion for summary judgment will need to be filed and a hearing date for the divorce must be set at the Forsyth County Courthouse in Winston-Salem.
If the criteria for divorce have been met, if the case has been properly noticed, and a certificate of divorce has been filed and the parties have followed the appropriate timelines, then a Judge in Winston-Salem will grant the petition for an absolute divorce. However, if there are any mistakes, which can happen easily when dealing with the complexities of divorce, those mistakes can greatly delay your divorce and the rights that come with a divorce.
Visit One of Our Office Locations
Winston-Salem
Criminal & Immigration Attorneys
1133 West First Street
Winston-Salem, NC 27101
(336) 485-4907
Winston-Salem
Family Law Attorneys
3400 Healy Drive
Winston-Salem, NC 27103
(336) 962-7221
Greensboro
Criminal & Family Law
328 E. Market Street
Greensboro, NC 27401
(336) 360-5528
High Point
Criminal & Injury Law
820 North Elm Street
High Point, NC 27262
(336) 814-8118
Our service area includes Forsyth County, Guilford County, Surry County, Stokes County, Yadkin County, Davie County, Davidson County, Randolph County, and Alamance County.