Wake Family Law

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Schilawski O’Shaughnessy Grace King & Mauney, PLLC

Raleigh, North Carolina
(919) 787-4040

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You are here: Home / Divorce / What does a divorce actually do? [Spoiler alert: it gets you divorced but not much else]

What does a divorce actually do? [Spoiler alert: it gets you divorced but not much else]

May 20, 2020 by WFLG Attorney

Most people describe “divorce” as an event or process—

“I’m getting a divorce.”

“I’m divorcing.”

Much of the free advice out there for people who have separated is about how to file for divorce when to file for divorce, and what the requirements are for divorce. Some people think that filing for divorce is the first thing you do when you separate.  Others think divorce is a “package deal” that will resolve all of the spouses’ issues at the time of divorce in one document.        

But the divorce itself is a very small (albeit, emotionally significant) part of the legal process. It’s usually done at the end of a family law case after all the hard work of negotiating is complete or after lawsuits have been filed.

What does divorce do?

A divorce decree does make you single again, allows you to remarry, lets you file taxes as a single person, and cuts off some estate and property rights that married people normally have.

A divorce decree doesn’t divide up your property, establish alimony, determine child support, or set a custody schedule for your kids.  A divorce is a divorce.

Spouses must resolve issues like property division, alimony, child support, and custody through a Separation Agreement or by filing lawsuits and letting a judge make those decisions. If a spouse files for divorce and they haven’t agreed on property or alimony issues in a Separation Agreement or if they don’t have a pending lawsuit for property or alimony, the rights to ask for property division and alimony are cut off and lost forever. Child custody and child support are not affected by the divorce decree and can be resolved at any time because parents aren’t always married.

Requirements When Filing for Divorce

Since the purpose of the divorce is to end the marriage (not resolve everything that happened during that marriage), the requirements for being able to file for divorce are pretty straight-forward:

  • You must be separated for more than a year (the whole “year and a day” phrase you read about); and
  • One of the spouses must have lived in North Carolina for the last six months.

Often North Carolina is called a “no-fault” divorce state because it doesn’t matter why the parties separated—just whether or not the parties have been separated for more than a year. If those requirements are met, either spouse can file for the divorce and assuming the correct process and paperwork are followed, the divorce will be granted whether or not the other spouse agrees to the divorce.

Need Help With Your Divorce?

Our experienced group of lawyers is here to fight for you and your interests—whether you’re contemplating separation, already separated, or ready to file for divorce.  Schedule your consultation today to begin down the road to a successful dispute resolution.

By Katie King

Filed Under: Divorce

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Raleigh Divorce Lawyer

Wake Family Law Group

Schilawski O’Shaughnessy Grace King & Mauney, PLLC

4350 Lassiter at North Hills Ave, Suite 360
Raleigh, North Carolina 27609

(919) 787-4040
(919) 787-4811

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Four years ago today we were celebrating our newest law partner, Justin Mauney! Great memory of great times together.

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Did you know Wake Family Law Group has one of the largest groups of board-certified family law specialists practicing together in the Triangle?!

⚖️ To be certified as a family law specialist in North Carolina, an attorney must have practiced a minimum number of years with substantial involvement in family law, undergo a peer review process, and pass a written exam (like a bar exam just for family law). Specialists must apply for re-certification every five years.

⚖️ Why does certification matter? The State Bar’s certification process helps the public identify attorneys who are experienced and skilled in family law and informs the public of this expertise.

⚖️ EIGHT of our attorneys are board-certified family law specialists, and our associates are all required to apply to be specialists as soon as they are eligible to do so.

⚖️ Our firm’s focus and requirement of having attorneys who are all specialists or working toward becoming specialists, shows our clients and prospective clients we value being EXPERTS in our practice area.

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Seven WFLG attorneys have been included in the 2021 North Carolina Super Lawyers and Rising Stars publication. Partners Mike Schilawski, Helen O'Shaughnessy, Nancy Grace, and Katie King were included as 2021 North Carolina Super Lawyers in Family Law.

Associates Kelley Cash, Melanie Phillips, and Carly Baker were included as 2021 Rising Stars in Family Law.

Mike and Nancy were also included in the Top 100 North Carolina Lawyers, and Nancy had additional honors in the Top 25 Raleigh Lawyers and Top 50 Women Lawyers.

Criteria for selection to Super Lawyers can be found at:
https://www.superlawyers.com/about/selection_process_detail.html
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Based on the City of Raleigh and Wake County office closures, Mayor Mary-Ann Baldwin's urging that people avoid the downtown Raleigh area, and out of an abundance of caution, court sessions and court offices in the Wake County Justice Center and the Wake County Courthouse will be closed on Tuesday and Wednesday, January 19 –20, 2021.

Visit our Closings and Advisories page for more details on Wake County and several other county court closures and / or cancelations.

On the page, scroll below the state map and click on the county name to view details and / or any instructions.

https://www.nccourts.gov/closings
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Service opportunities at four Triangle non-profits on this Day of Service in honor of Dr. Martin Luther King, Jr. ... See MoreSee Less

MLK Day | United Way of the Greater Triangle

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1. Gallon zip lock bags 2. Trash bags 3. Toilet paper (4-pack) 4. Small dish detergent 5. Cleaning sponges 1. Gallon zip lock bags 2. Bar soap (1 regular bar or 2 small bars) 3. Shampoo (2 hotel size ...

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Timeline PhotosIs it possible to recover from an affair? The answer for most couples is yes.

As a Certified Gottman Therapist and the Director of Research for The Gottman Institute, Carrie Cole M.Ed., LPC, has heard many versions of this story in her couples therapy practice and research over the years. An affair, whether emotional or sexual, is devastating. Both partners suffer tremendous pain. However, an affair does not have to mean the end.

It is possible to create a stronger, more emotionally connected, and richer relationship from the ashes of an affair. It’s not quick or easy. As with any serious injury, it takes time to heal and it usually takes therapy.

Learn how couples who seek help can work with a therapist to create a more meaningful and healthy relationship after a sexual or emotional betrayal: http://bit.ly/3ifYhEx
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Our office will also be closed on Monday, January 18 in observance of Dr. Martin Luther King Jr. Day. ... See MoreSee Less

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Back to the grind! Happy Monday.

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Happy New Year!

We will re-open Monday (January 4) at 9:00 a.m.

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The NC Court of Appeals held today that not only “opposite sex” dating partners should be protected by our state’s domestic violence statutes, extending that protection to same sex dating partners.

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Court: NC law on domestic violence orders discriminates against same-sex couples :: WRAL.com

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The state Court of Appeals struck down a state law Thursday that limited the type of protective orders someone in a same-sex relationship could obtain against an abusive partner.

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