Concord Divorce and Family Law Attorneys
Guiding Cabarrus County families through the legal process
Many matters around family law can get sensitive or complicated, especially when young children are involved. Issues like child support, alimony, child custody, and other agreements should be carefully negotiated, as they will likely affect the rest of your lives. We know how important your family is to you, and want to help ensure you’re able to hold on to the things you value most.
The Concord divorce attorneys at Epperson Law Group, PLLC have combined decades of experience helping families in Cabarrus County and throughout North Carolina with family law matters. We provide compassionate and smart representation when you need it – putting the best interests of your children and your family first. Our lawyers guide you through the legal process, helping you feel prepared and confident. Call us today.
Types of Concord divorce cases we handle
Because every family is unique, every divorce and family law case is different. Every parent and family has their own different concerns when ending a marriage. We work to ensure your needs are met in the most fair and equitable way possible. We handle a variety of family law issues, including:
Our attorneys can answer any of your divorce and family law-related questions.
Is North Carolina a no-fault divorce state?
In the past, most couples needed a reason to file for divorce, but the majority of states (including North Carolina) are “no-fault” divorce states. This means that the spouse who files for divorce doesn’t have to show cause for the split or that either spouse was at fault.
To file for divorce in North Carolina, you can file for either absolute divorce, or divorce from bed and board.
Absolute divorce
There are two requirements to file for an absolute divorce:
- Spouses must have been physically separated for at least one year
- At least one spouse must have resided in North Carolina six months prior to filing
Additionally, the separation must be intended to be permanent by at least one spouse, and they cannot have had resumed their marital relationship in the year since their separation.
Divorce from bed and board
Divorce from bed and board, on the other hand, is different. This is a legal separation between spouses, but they remain legally married and neither spouse can remarry unless they get an absolute divorce. Further, in North Carolina, divorce from bed and board is fault-based. According to NC Statute § 50-7, the court grants a divorce from bed and board if either party:
- Abandons the family
- Maliciously turns the other out of the home
- By cruel or barbarous treatment, endangers the life of the other
- Offers such indignities to the other person as to render their condition intolerable and life burdensome
- Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome
- Commits adultery
After a divorce from bed and board, a spouse is eligible to seek child support, custody, alimony, and asset distribution. However, if they want to remarry, they will have to secure an absolute divorce. Our Concord attorneys can help you with either type of divorce action.
Is military divorce the same as traditional divorce in NC?
Military divorces bring additional legal issues to the table. Matters of deployment, military pensions, VA disability pay, and relocations require attorneys with specific knowledge of the law. Our Concord military divorce lawyers know how to navigate family law and protect the rights of our servicemembers and their families.
How is property split during a Concord divorce?
There are three types of property under North Carolina law – separate property, marital property, and divisible property. In short:
- Separate property is anything owned by either spouse before the marriage, property acquired by one spouse by inheritance or gift during the marriage by a third party, or property acquired post-separation with separate earnings.
- Marital property is anything currently owned that was acquired (including debts created) by both spouses during the marriage. This includes property and assets acquired between the date of the marriage and the date of separation.
- Divisible property is any post-separation increases or decreases in the value of marital property. Marital property is valued at the time of separation. However, divisible property is valued at the time of trial, which in some cases can take years.
North Carolina courts divide property under equitable distribution. This doesn’t necessarily mean a 50/50 split, but what the courts consider fair and just under the circumstances. After the value of your marital estate is established, our experienced attorneys fight to protect your interests.
How is child custody determined in my Concord divorce?
If parents are unable to resolve a child custody schedule on their own, the courts will settle it for them. Each case is decided on a variety of factors, and North Carolina doesn’t favor either a mother or father – only the best interest of the child based on the evidence available. The Uniform Child Custody Jurisdiction Act provides guidance for judges on child custody actions, but the dominant principle is that custody should be awarded to the person who “will, in the opinion of the judge, best promote the interest and welfare of the child.”
What is the difference between Concord divorce arbitration and mediation?
For some family law cases in North Carolina, pre-trial mediation is mandatory. This gives you the chance to attempt to resolve disputes out of court with your attorney and a third-party mediator. Using alternative dispute methods like mediation or arbitration can keep you out of court and potentially get your divorce completed more quickly.
- Divorce mediation is a more collaborative process, driven by you and your spouse. A neutral third party guides the negotiations between both sides.
- Divorce arbitration is more like a trial, where the arbitrator acts similar to a judge and can issue a binding decision.
Our attorneys offer alternative dispute methods and can speak with you on whether this would be a good option for you and your family.
Experienced, friendly Concord divorce attorneys
The Concord family law attorneys at Epperson Law Group, PLLC are dedicated to protecting the interests of Cabarrus County clients during the divorce process. We advocate for the best interests of your children and ensure you are treated fairly throughout this difficult time. Don’t hesitate to call us if you need guidance or support. To reserve a consultation at one of our offices in Concord, Boone, Charlotte, or Weddington, please call 704-321-0031 or fill out our contact form.
Concord Office
99 Church St NE
Concord,
NC 28025
Tel: 704-321-0031