On Trial for Divorce in North Carolina

On Trial for Divorce in North Carolina

Downtown Raleigh, North Carolina as seen from ...
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North Carolina is one of eleven states in the United States that permit jury trials for divorce cases  under certain circumstances. If you have gone to trial for a divorce, you are certainly in what divorce attorneys call a contested case. Contested cases can be very nasty ordeals for all concerned, including the divorce lawyers. Charlotte, Gastonia, and Rock Hill, like so many cities in the state of  North Carolina, are located smack dab in the center of what many refer to as the “Bible Belt” of our nation. In a divorce trial, not only do you experience the humiliation of exposing the reasons for a failed marriage to the public, a stigma is often attached to the participants who may endure a lifetime of shame for their failure to live up to societal expectations.

Whether North Carolina society is right or wrong in the judgmental way they approach divorce, or whether or not your humiliation is self illusion, before entering a contested marital divorce, you may want to ask yourself a couple of simple questions. First of all, is there any way for reconciliation between you and your spouse?  If your answer to the first question is honestly “no,” then you may want to ask yourself, is there any way you can get out of a bad marriage without risking public humiliation?

With approximately 10 million people living in North Carolina, a high percent consider themselves as church members of some type of religion, and well over 50 percent of those church-ed consider themselves as Christian. With strong similar values, work ethics, and community minded service of North Carolina Christians, there should be no wonder the legal system in North Carolina has been influenced by this group when it comes to the marriage institution. North Carolinians value hard work and commitment, two traits shared by the tenets of the Christian faith essential in making a marriage contract work. Therefore, since North Carolinians across the board share these essentials in marital values, doesn’t it stand to reason that if at all possible, you should try to reconcile before acquiescing to divorce first ?

Obviously, there are reasons some people should not stay married, the threat of imminent harm being chief amongst them. So, if you have come to the place where you have decided there is no other alternative to divorce, there are two ways you can get a divorce in North Carolina- Contested or Uncontested. After a legal separation of one year, an Uncontested Divorce can be as simple a process as filling out a few documents including a Complaint For Divorce, filing the documents with the proper Court having jurisdiction to hear the cause, and getting a final judgment from the Court. Providing you and your spouse can amiably agree on the terms of the divorce about your finances, assets, and children, the process is relatively simple and inexpensive. So, doesn’t it stand to reason that if you feel like you have to have a divorce, you should try and obtain a No-Fault divorce first?

There are many reasons two people who have been married a while may not be able to amiably and maturely come to terms involving finances, assets, and children. In the event this happens, and it often does, there exists a real possibility for a Contested Divorce. When it does happen, you can present your case before a jury only to settle the issue of marital separation. In North Carolina, dissolution of finances, assets, and custody of children are heard before a Judge only. In either case, it may be wise to be legally represented. North Carolina permits legal separation on grounds of adultery, abandonment of spouse or family, maliciously turning the other spouse out of doors, cruel or barbarous treatment endangering the life of the other, personal indignities rendering condition of other spouse intolerable and life burdensome, and excessive abuse of alcohol or drugs. Obviously, these issues are all value based, and one of the issues have to be stated in a Complaint For Divorce as the reason the petitioner is wanting to end the marriage. Thus, to many, the potential for humiliation and shame comes through public exposure, because in North Carolina, the court system is normally open to the public.

Regardless of the decision concerning divorce you may have to make, there are divorce lawyers in North Carolina who are experts when it comes to divorce law, and are excellent in their negotiating skills to help you reconcile. So, if you are considering a divorce, please contact us right now, and we will help you find the divorce attorney in your area that is more than willing to help you make the legal decisions that are right for you.