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Family law covers many situations that arise when someone ends a relationship with a spouse or partner. These include dividing property and debts (equitable distribution), arranging financial support (spousal support, post-separation support and alimony), leaving an unsafe relationship (domestic violence) and filing for divorce.
At Donna Ambler Davis, PC, our attorneys have more than 80 years of combined experience. We serve individuals and families in Chapel Hill and throughout Orange County. We help clients with divorce, property division, domestic violence and other family law matters. These situations are highly personal and often emotionally difficult. Our team provides steady legal support built on experience, compassion and a strong reputation for ethical service.
Our Lead Attorney Is A Board-Certified Family Law Specialist
Donna Ambler Rice, our founding attorney, is a board-certified family law specialist. This certification, granted after rigorous evaluations and continuous education, reflects her strong commitment to family law and her focus on staying current with legal standards.
Having a board-certified family law specialist on your legal team is a significant advantage for several reasons. It ensures you receive top-tier legal representation. It also means your case benefits from an attorney with exceptional legal acumen and up-to-date knowledge. Donna’s extensive experience and ethical approach lead to proficient handling of complex family law issues, increasing the chances of a favorable outcome.
Understanding North Carolina’s Two Paths To Divorce
North Carolina law recognizes two distinct forms of divorce: absolute divorce and divorce from bed and board. Both require a formal judgment from the court. Spouses cannot end a marriage simply by signing an agreement or contract.
Absolute divorce is the most common form. It does not require proof of fault or misconduct. To qualify, spouses must live separately for at least one year and one day, and at least one party must intend for the separation to be permanent. Once granted, absolute divorce legally ends the marriage and allows both parties to remarry.
Divorce from bed and board is a court-ordered separation based on marital misconduct. Grounds may include abandonment, adultery, domestic violence, substance abuse or other serious behavior. This type of divorce does not dissolve the marriage but provides legal relief and protection for the injured spouse. It’s an infrequent claim but may be appropriate in extreme situations when one party refuses to agree to a physical separation.
Legal Protection Against Domestic Violence In North Carolina
North Carolina law provides strong protections for individuals experiencing domestic violence. Under North Carolina General Statute §50B, a person may seek a domestic violence protective order (DVPO) if they share one of the following relationships with the alleged abuser:
- Current or former spouses
- Parents and children
- Individuals who share a child
- Current or former household members
- Couples who are or were in a dating relationship
While physical violence is a common reason to seek protection, it is not the only one. Harassment, threats, stalking and emotional abuse may also justify a protective order. The court does not require physical injury to grant relief.
A DVPO can order the accused to stop all contact with the petitioner. It may also include provisions for temporary child custody, exclusive possession of a shared residence, and control of vehicles or pets. Although the protective order itself is a civil matter, violating the order is a criminal offense and may result in arrest or prosecution.
At Donna Ambler Davis, PC, we are especially sensitive to the intricate details of cases involving allegations of domestic violence. Our attorneys provide experienced litigation support to advocate for the best outcome in every circumstance.
Know Your Rights In Equitable Distribution
Equitable distribution in North Carolina is defined by North Carolina General Statute §50-20. North Carolina law provides that upon application of a party, the court shall determine what is the separate property of each of the parties, what is the marital property and the divisible property of the parties and provide for an equitable distribution of the marital and divisible property. This statute goes on to provide that there shall be an equal division of the marital and divisible property unless the court determines that an equal division is not appropriate. In that situation, the court may determine an unequal distribution of the marital and divisible property between the parties based upon numerous statutory factors.
How assets and debts are divided between separated or divorcing parties has serious short-term and long-term life consequences. At Donna Ambler Davis, PC, we believe that knowledge is power. Knowing your legal rights and responsibilities will put you in the best position to move forward with security and stability.
Understanding The Divorce Process: What You Need To Know
It can be overwhelming to try and understand the different laws and how they will apply to your unique case. As experienced family law attorneys, we want to empower you with our legal knowledge and help guide you in making the right decisions for your family. Below are common questions clients ask.
Do both parties have to agree to a divorce in North Carolina?
No, both parties do not need to agree to a divorce in North Carolina. One spouse can obtain a divorce if they can show that they have lived separately from the other spouse for at least one year and that at least one of the spouses has intended the separation to be permanent.
Does it matter who files for divorce first in North Carolina?
Generally, who files first in North Carolina does not significantly impact the outcome of the divorce. However, filing first can offer some advantages, such as setting the case’s initial tone and choosing the jurisdiction if you and your spouse live in different areas.
Can a spouse refuse divorce in North Carolina?
A spouse cannot ultimately prevent a divorce if the other spouse meets the state requirements, including the one-year separation with the intent for it to be permanent. While a spouse can delay the process by contesting or not cooperating, they cannot refuse it indefinitely if the legal criteria are met.
How much will my divorce cost?
The cost of a divorce in North Carolina can vary widely based on several factors, such as whether it is contested or uncontested, the complexity of the asset division, and whether child custody is an issue. Costs can range from a few hundred dollars for a simple uncontested divorce to tens of thousands for a contested divorce involving complex issues. It is advisable to discuss fees with your attorney early in the process to plan accordingly.
Is North Carolina a 50/50 state in divorce?
In divorce cases, North Carolina is considered an “equitable distribution” state rather than a strict 50/50 state. This means that the court divides marital property in a way that is fair and equitable, which may not always result in an exact 50/50 split. The court considers various factors, such as the earnings and economic circumstances of each spouse, the length of the marriage, and contributions to marital assets, among others, to decide on a fair division.
Helping You Rebuild A Brighter Future
At Donna Ambler Davis, PC, whether you’re facing challenges with divorce, equitable distribution or domestic violence, we are here to guide you through each step. Our commitment is to help you rebuild a brighter future. Don’t hesitate to reach out – call us at 919-944-4935 or fill out our online form to schedule a consultation. Let us help you move forward with confidence.