The Right Mindset For Divorce: Focusing On Solutions, Not Drama

Moving forward during and after divorce is about coming to peace with what’s ahead. Attorney Carrie Tortora works with individuals from Raleigh and The Triangle to find divorce agreements that work. She brings reason, professionalism and calm to your case. When you need to understand what is happening and what happens next, she will be there to help you.

A Steady Guide Through Difficult Issues

The uncertainty you face during the divorce process can feel overwhelming. There are important questions to answer during a divorce, such as:

• Where will you and your children live?
• How will you pay your bills?
• What happens to your retirement accounts?

Attorney Tortora can find answers to these questions and many others that you are likely to have. She is a legal advocate who will make every effort to keep you updated about your case and your prospects.

The Importance Of Asset Division

One of the most important aspects of divorce is finding out how the property division will work. With a background in accounting, Carrie Tortora excels in that area. She is comfortable in the complex world of numbers, assets and amortization. She brings immense insight into these discussions.

North Carolina law requires an equitable division of assets, but that does not necessarily mean that the division will be equal. As your lawyer, Ms. Tortora will advocate for your fair share of the marital estate.

The First Steps In A Divorce

Divorce doesn’t happen instantly. It involves several different steps that can take over a year to complete. When going through a divorce, here are the immediate steps you should take:

• Gather important documents: Collect and organize important financial documents, such as tax returns, bank statements, investment account statements, mortgage documents, and any prenuptial or postnuptial agreements. These documents will be essential for negotiations and the division of assets and debts.
• Separate finances: If possible, separate your finances from your spouse’s by opening new bank accounts, closing joint credit cards, and updating beneficiary designations on insurance policies and retirement accounts.
• Establish living arrangements: Determine where you and your spouse will live during the divorce process. If you have children, consider their best interests and make arrangements for their living situation and visitation schedule.
• Prioritize emotional support: Divorce can be an emotionally challenging process. Seek support from friends, family, a therapist or a divorce support group to help you navigate the emotional aspects of the divorce.
• Evaluate financial situations: Assess your current financial situation, including income, expenses, assets and debts. This information will be crucial for negotiating spousal support, child support, and the division of assets and liabilities.
• Maintain open communication: While emotions may be high, try to maintain open and respectful communication with your spouse, especially if you have children together. This can help facilitate a smoother divorce process and reduce conflict.

The most important step to do, in addition to the ones above, is to seek legal counsel. Divorces can become very complicated if you have many disagreements with your spouse, so you’ll need a helpful ally. Attorney Carrie is more than ready to help you with your divorce needs and guide you throughout the process.

Frequently Asked Questions About Divorce In North Carolina

As you begin your divorce, you likely have a lot of fears, worries and questions. Attorney Carrie Tortora of Tortora Family Law can answer any of your questions, including:

What are the grounds for divorce?

North Carolina recognizes a few basic grounds for divorce. The no-fault option requires spouses to live separately for at least one year and at least one of you no longer wants to continue the marriage. Otherwise, you may file for divorce based on a spouse’s incurable insanity or for “divorce from bread and board,” which is a loose term that can include abandonment, cruelty and adultery.

How do I file for divorce?

You can file a divorce complaint with the clerk of court in your county after a year of separation from your spouse. Attorney Tortora can discuss your options when filing a divorce complaint. The divorce complaint should then be served to your spouse, and the discussion of child support, spousal support, child custody and asset division can begin.

How long does a divorce take in North Carolina?

In addition to being separated for at least a year, a divorce can take less than a few months. These months are often dedicated to discussing child support, spousal support, child custody and asset division. Because every divorce case is unique, there are certain facts in your divorce that could cause it to take longer to finalize.

What is the timeline for a divorce in North Carolina?

The timeline for a divorce process can vary significantly depending on the specific circumstances of each case. Nevertheless, here’s a general overview of the process with the approximate time frames for each step:

1. Filing for divorce: The first step in the divorce process is filing a complaint for divorce with the appropriate court in the county where either spouse resides. This process usually takes a few days to a week to complete.
2. Service of process: After filing, the other spouse must be served with the divorce papers. Depending on the ease of locating and serving the other spouse, this can take anywhere from a few days to several weeks.
3. Waiting period: North Carolina has a mandatory one-year separation period before a couple can obtain an absolute divorce based on the grounds of separation. This waiting period is intended to provide the couple with time to reconcile if they choose to do so.
4. Discovery and negotiation: During this time, both parties exchange relevant financial and other information and negotiations may take place regarding issues such as child custody, child support, alimony, and the division of assets and debts. This process can take several months to a year or more, depending on the complexity of the case and the level of cooperation between the parties.
5. Temporary orders: If pressing issues need to be addressed during the divorce process, such as temporary child custody, child support or spousal support, either party can request temporary orders from the court. This process can take several weeks to a few months.
6. Settlement or trial: If the parties can reach a settlement agreement on all issues, the divorce can proceed more quickly. However, if they cannot agree, the case will proceed to trial, which can add several months to a year or more to the process. This depends on the court’s schedule and the complexity of the issues.
7. Final divorce decree: Once all issues have been resolved, either through settlement or trial, the court will issue a final divorce decree which officially ends the marriage. This typically takes a few weeks after the resolution of all outstanding issues.

Factors such as the level of cooperation between the parties, the complexity of the issues involved and the court’s caseload can affect the length of a divorce procedure.

How can you quicken the divorce procedure?

There are several ways a couple may be able to potentially quicken the divorce process. They include:

• No-fault divorce: North Carolina allows for no-fault divorces based on a one-year separation period. If the couple has already been separated for one year or more, they can file for an absolute divorce without having to prove fault grounds like adultery or cruelty. This can streamline the process as there is no need for extensive litigation over fault.
• Uncontested divorce: If the couple can agree on all issues such as child custody, child support, alimony and division of assets/debts, they can file for an uncontested divorce. This avoids lengthy negotiations and trials, which can significantly reduce the overall timeline.
• Mediation: Mediation, in which a neutral third-party mediator facilitates negotiations, can often help resolve disputes more quickly than traditional litigation. If successful, mediation can lead to a settlement agreement and avoid a trial.
• Collaborative divorce: In a collaborative divorce, both parties and their attorneys commit to negotiating a settlement without going to court. This process emphasizes cooperation and can be more efficient than adversarial litigation.
• Summary divorce: In some cases, couples without children, substantial assets/debts or other complex issues may qualify for a summary divorce procedure, which can be completed more quickly than a traditional divorce.

The key factors that can significantly impact the timeline are the level of cooperation between the parties, the complexity of the issues involved and the ability to reach a comprehensive settlement agreement. The more streamlined and uncontested the case, the faster the divorce process can typically be completed.

Is North Carolina a no-fault state for divorce?

North Carolina is a no-fault state. What this means for you is that you do not have to have a reason to file for a divorce. You can also file for a divorce even if your spouse does not agree to it. However, some factors of the divorce and why it is being requested can affect spousal support and alimony.

Why do I need a divorce attorney?

A divorce attorney can help you file the proper paperwork for your divorce and negotiate the terms of the divorce in your best interests. Attorney Tortora is experienced in discussing child support, spousal support, child custody and asset division.

Learn More By Calling Us

There is a lot you need to understand about the divorce process, and it does not make sense to wait to get answers. Contact Tortora Family Law today by calling 919-230-2005 or sending an email.