Burgaw, NC Divorce Lawyer
To get a divorce in Burgaw, North Carolina, the Pender County courts require that spouses be legally separated for more than one year and one of the spouses must have resided in North Carolina for at least six months. If either spouse resides in Pender County, then the divorce is properly filed in Pender County.
Pender County, North Carolina Family Court system
Burgaw, NC is the county seat of Pender County and court is held in Burgaw. Pender County does not have a Family Court system but does assign all family court cases to the Honorable James H. Faison, III. Judge Faison usually hears all family court matters including child custody, child support, spousal support, and property division. Divorces are scheduled along with other family court matters but are generally heard on the first day of the family court session. The Trial Court Administrator is Ms. Lee Alexander. Court is usually held at the Frances Basden Judicial Annex, 100 South Dickerson Street, Burgaw, NC or at the Main Courthouse at 100 Wright Street, Burgaw, NC.
Why people divorce
The most often cited reason for divorce is money. Other reasons include infidelity, boredom, poor communication, incompatibility, lack of commitment, sexual problems, abuse, and addiction (e.g., substance abuse and/or alcoholism). An individual who is the victim of domestic violence should seek help from a domestic violence shelter immediately. Domestic Violence cases in Pender County may be heard by any District Court Judge of the Fifth Judicial District. We encourage others to attempt marriage counseling before seeking a divorce. Talk to a mental health professional about the situation—can the problems be resolved through marriage counseling or is the conflict too great?
Taking steps toward divorce
Divorce can be emotional and stressful, and the choices you make during this time may affect the outcome of your settlement or contested court case. Read 10 steps you should take to help you survive divorce. You should see a NC divorce attorney who practices law in Burgaw and Pender County. We do not believe you should try to do it yourself (DIY). Even though many companies offer a cheap online divorce, a do it yourself divorce can have severe negative consequences for you and your family.
Estimate your post-divorce financial situation
Use a Financial Standing Affidavit (FSA) to determine if your income covers monthly basic necessities to live separately. Consider your income and expenses, and check your credit report. The court will require that you file an FSA or similar document to justify your claim for post separation support and/or alimony as part of the divorce. While you may be interested in estimating child support or alimony, exclude these from the examination, as you don't know exactly how much a Pender County court will award. If you're financially unable to live separately, consider where the extra income will come from—a friend or relative, second job, career change, or other avenue -- until your claims for post separation support and alimony are resolved. The Pender County Family Court system hears cases rather quickly and a Child Support / PSS claim is often heard within 45–90 days of filing. And if you're in an abusive relationship, it's important to leave now, regardless of financial considerations.
Consider the effect of divorce on your children
Divorce can be especially difficult for your children. Answer their questions honestly, while avoiding temptation to harp on your spouse's flaws. Divorce affects them as well, and they will appreciate your openness. However, don't involve children in adult issues and don't discuss any pending or planned litigation. Children should not be aware of the disputes between parents. We strongly recommend you consider attending a parenting class for divorced parents. Dr. George Gates and Denise Scearce offer a Cooperative Parenting & Divorce class in Wilmington, NC. There are somtimes classes offered by other professionals in Burgaw, North Carolina.
Be ready to negotiate
Though it can be difficult to concede anything to your spouse, especially if abuse or infidelity is a factor, compromise can save you anxiety, time, and money. An attorney can point out your options, helping you carefully negotiate division of assets, child custody and visitation.
Divorce by Power of Attorney
While an attorney in fact can handle most litigation under a valid power of attorney, it is our position that person cannot handle a divorce for you. Our Court of Appeals has held that "an action for divorce based upon one year's separation cannot be maintained by a general guardian..." See Freeman v. Freeman, 34 N.C.App. 301, 237 S.E.2d. 857 (1977).
Carefully choose a divorce attorney to represent you in Burgaw
Choose a law firm that will represent your interests in Pender County, rather than immediately signing on with a law firm that was shared by a neighbor or friend.Consider this list of nine things when selecting a Pender county divorce attorney that will protect your children and your assets.
If you wish to handle your own divorce (acting pro se), we have provided pro se divorce forms for you although we strongly caution you to seek advice from an attorney about your divorce first.
N.C. Gen. Stat. §50-3 sets forth NC Law on the proper county for filing a divorce action
N.C. Gen. Stat. §50-5.1 sets forth NC Law on obtaining a divorce on the grounds of one spouse having incurable insanity
N.C. Gen. Stat. §50-6 sets forth NC Law on obtaining a divorce on the grounds of one year separation for no fault divorce
Message an attorney, check your legal calendar, or track your case in our secure online office (registration required)
Attorney Mark Spencer Williams answers legal questions on Avvo™