Experience
Our firm’s founder Attorney Charles Montgomery has over 40 years of proven, award-winning legal experience.
Every day we receive phone calls from people needing answers to questions about separation, divorce, child custody, and other aspects of family law. As a service to the community, our website offers information regarding divorce and other family law issues. Use the links below to reach a more detailed discussion. If you have additional questions after browsing our website, we would be happy to set an appointment with you to speak in more detail about your particular situation.
Divorce in North Carolina:
1. Most divorces begin with legal separation. Couples must establish separate residences for at least one year before a divorce can be sought from the court. Even though legal documents are not necessary to establish a legal separation, you are well-advised to see a family law attorney about a Separation and Property Settlement Agreement. This is a private contract between you and your spouse. A separation agreement can be negotiated in order to settle some or all the issues surrounding your separation and eventual divorce, including division of property, alimony, child custody, and child support.
2. The divorce process begins by filing a complaint with the court, following one year and one day of separation from your spouse (so long as at least one of the parties intended for the separation to be permanent and the parties did, in fact, remain living separately for the prior year). One spouse must reside in North Carolina for a minimum of six months prior to filing. If not resolved through a Separation and Property Settlement Agreement, either party can file claims with the court for division of property and debts, as well as for alimony, child custody, and child support, if applicable. There is no need to wait for a year of separation prior to resolving these issues. However certain of these claims do require that the spouses be separated before a claim can be filed. Because of the prohibitive financial and emotional cost of divorce, many couples seek out-of-court settlements through the means of either divorce mediation or divorce arbitration (trial before a private judge chosen by the parties).
Additional Information regarding common family law issues:
Annulments: An annulment, like a divorce, requires a court decree. Generally, seeking an annulment is not an option for most married couples. The grounds for an annulment are based on unusual circumstances such as:
Domestic Violence: If you or a loved one is caught in a dangerous relationship, there are legal options established to combat domestic violence. You can speak to a legal professional at Montgomery Family Law for assistance in establishing a safer environment and obtaining a domestic violence protective order (a restraining order).
Prenuptial Agreements: Engaged couples may enter into prenuptial agreements. These agreements, which become effective on marriage, set out what will happen to the couple’s property in the event they should later separate. A premarital agreement can also determine what amount of alimony would be paid or, alternatively, that no alimony would be paid in the event of separation. Prenuptial agreements are often desired by couples with children from prior relationships who want to preserve their property for their children.
Adoption: To adopt a child in North Carolina, you or the child must have lived in the state for at least six months. Once an adoption is final, the child has the same rights as a biological child of the adoptive parents.
Whatever your family law legal needs are in Research Triangle Park, you can count on the North Carolina family law attorneys at Montgomery Family Law. We take the time with each client to assess their circumstances and offer an efficient course of action, with an eye to conserving the family’s resources. Take the first step today toward your brighter future by contacting a Montgomery Family Law attorney 919-335-3929.
Our firm’s founder Attorney Charles Montgomery has over 40 years of proven, award-winning legal experience.
At Montgomery Family Law, each of our attorneys dedicates 100% of their law practice to family law and divorce.
Two of our attorneys are N.C. Board Certified Family Law Specialists, a certification earned by only 1% of lawyers statewide.
Known for our dedication, our firm is rated AV Preeminent® by peers, the highest rating possible for ethics and legal skill.