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Divorce Attorneys Serving Wilmington, North Carolina and New Hanover County

If you are going through a divorce, you need an attorney on your side who is familiar with all aspects of divorce law. The rules and regulations that govern divorce, child custody , child support and the division of marital property are complicated and can be confusing to those who lack the appropriate legal experience. The divorce attorneys at Mako & Associates have helped many individuals from Wilmington, North Carolina and throughout New Hanover County through the divorce process. Our divorce lawyers have the experience and skill to ensure that your rights are protected and your best interests are served.

Absolute Divorce vs. Separation Agreement and/or Divorce from Bed and Board
 (Marital Fault)

Absolute Divorce vs. Separation Agreement and/or Divorce from Bed and Board

With an absolute divorce judgment, all rights and obligations of marriage are completely terminated. Parties must be separated a year and one day before either party may file for Divorce in North Carolina.  Prior to filing for Divorce parties may wish to enter into a legal contract with one another outside of court.  This may be called a Postnuptial or Separation Agreement.  In the event of a separation, a husband and wife no longer live together but remain married until a Divorce judgment is entered by the courts. A Divorce from Bed and Board is a court driven action, filed by either party during the separation period. The prevailing party does not win a "Divorce", it is actually a determination by the court of a legal separation and/or allocation of marital fault. This action is often used when one party is unwilling to move out of the marital residence and is unwilling for the separation period to begin. Our attorneys can advise you of all that is involved with Divorce and guide you through every step of the separation process to ensure that your rights are protected.

If you file for a Divorce, you will need to decide whether or not you will claim any marital fault. This distinction is very important because it can determine for example, which spouse receives the larger share of marital assets, smaller allocation of debt, spousal support, and property. If one spouse files marital fault, then he or she is claiming the other spouse is responsible for the failed marriage. Reasons for marital fault can include infidelity, physical or mental abuse, or other types of misconduct by the partner. If you have reason to file for marital fault during your Divorce, our lawyers will use their experience and resources to prove your case before the court.

Other factors that are examined in determining the division of marital property and earnings are the salary and income potential and the value that was contributed if one spouse was a homemaker,among other things during the marriage. These same factors are also used to determine whether one spouse is required to pay spousal support to support the other spouse until he or she remarries or dies.

Contact Our Divorce Lawyers Serving Wilmington, North Carolina and New Hanover Count y

The divorce attorneys at Mako & Associates have guided many individuals in Wilmington, North Carolina and throughout New Hanover County through the process of separation or divorce. Our lawyers can provide you with experienced counsel whether you need help with a separation agreement, postnuptial agreement, prenuptial agreement, absolute divorce, equitable distribution, spousal support, post separation support, or any other need. Contact our practice serving Wilmington, North Carolina and all of New Hanover County to schedule a thorough review of your case.

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