Caleigh Evans, of EVANS FAMILY LAW, has more than twenty years of experience representing clients in all types of divorce cases ranging from uncontested divorces to divorces involving complex financial disputes that may include businesses or assets located in multiple states, high-conflict custody matters, and decades-long marriages.  The best approach to take in assisting you depends on your unique circumstances, and Caleigh’s services range from drafting comprehensive settlement documents based on terms reached between spouses on their own to representing clients in full-scale settlement negotiations, alternative dispute resolution (such as mediation, arbitration, or collaborative law), and in initiating and defending litigation.

North Carolina law refers to the divorce itself as an “absolute divorce.”  A spouse may pursue an absolute divorce once the spouses have lived separate and apart from each other for one year with at least one spouse having had the intent to end the marital relationship.  An absolute divorce does not require the consent of both spouses, and one spouse may initiate the absolute divorce even if the other spouse does not want or is not ready to proceed with the divorce.  A lawsuit must be filed to obtain a divorce, but that lawsuit can be drafted to include only minimal required information and avoid more personal details about the marriage and spouses.  Even though a lawsuit must be filed to obtain an absolute divorce, if at least one of the spouses is represented by an attorney, then it is quite possible the spouses may avoid having to appear in court themselves to obtain the divorce.  In some circumstances, the divorce can be finalized while you and Caleigh continue working to resolve the other legal issues that arise when spouses end their marriage.  However, certain critical legal rights are impacted once an absolute divorce lawsuit is filed, so Caleigh will discuss with you the timing of when that lawsuit gets filed. 

In addition to obtaining the absolute divorce, Caleigh also assists clients in evaluating the spouses’ assets and debts to determine which of those are marital property and how to equitably divide those assets and debts between the separated spouses.  Whether your case is resolved through negotiations and/or in court, many factors are taken into consideration in deciding how to equitably distribute a marital estate between spouses, and an equitable distribution does not necessarily mean a 50/50, or equal, division of those assets and debts.

Clients often have questions about spousal support, or alimony, in a consultation concerning absolute divorce.  Caleigh will answer your questions, explain how the court looks at spousal support, and evaluate whether or not spousal support will need to be addressed in your circumstance.

If you have not been in control of or have not had access to your and/or your spouse’s financial information for you and Caleigh to evaluate the financial aspects of your divorce, Caleigh will be able to obtain financial information and documentation from your spouse.  If your spouse is not inclined to cooperatively provide that information, then the needed financial documents can be obtained by filing a lawsuit and utilizing more formal means to obtain the information such as subpoenas sent directly to employers, banks, businesses, and other third parties. 

Caleigh will work closely with you to determine the best approach to fit your needs and the needs of your family.  Caleigh can also work with your financial advisor or tax specialist in creating a financial settlement plan that addresses your specific needs and concerns.  Some issues to consider in the context of the divorce will include the determination of what assets and debts are marital versus separate property, the valuation of those assets and debts, the status of your marital home, and how to distribute retirement accounts and fairly divide other assets and debts.  Caleigh will counsel you concerning the probability of spousal support and will also answer any questions you have concerning the legal impact of the divorce on your children.

Please contact Caleigh at EVANS FAMILY LAW for a consultation regarding your divorce.