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Frequently Asked Questions

Do you have questions regarding divorce law?

With nearly 18 years of experience in the field of family and divorce law, we are confident in our ability to answer many of your questions. We understand the difficult situations involved in divorce and realize that it can be a complex and frustrating endeavor. At Collins Family Law Group, we are here to give you confidence to successfully navigate the process. Confidence often comes from knowledge and understanding, and it is our goal that we can provide you with the answers you require.

Q: What is the difference between mediation and a collaborative divorce?
Q: Is there a way to modify child support or child custody if my situation changes?
Q: Are there restrictions on relocation if I have full or partial child custody?
Q: If I was married in another state, can I file for divorce in North Carolina?

What is the difference between mediation and a collaborative divorce?

A collaborative divorce is primarily different from mediation based on the number of lawyers involved. In mediation, a third party (a divorce lawyer) assists the divorcing couple with the process. The attorney helps them clearly define the areas of disagreement and leads them in the drawing of a separation agreement. The mediator acts as the director of the meetings. In a collaborative divorce, each party has their own representing lawyer and they all meet in a four-way setting to discuss the issues of the divorce. The two groups work together to develop an agreement that works for both divorcing parties.

Is there a way to modify child support or child custody if my situation changes?
The courts understand that life circumstances are constantly changing. In this current economy, you could be promoted one day and lose your job the very next. With all of these fluctuations, it is a possibility to modify child support, alimony, and child custody. There are specific grounds for child support modification but the process can be executed under the proper circumstances. Typical changes include: changes in income, incarceration and extended visitation allowances.

Are there restrictions on relocation if I have full or partial child custody?
A request for relocation should be provided to the court prior to any act being taken. The court will have to decide whether or not to allow your relocation to take place. The court will consider factors such as any improvement to the child's lifestyle if the relocation were to take place and the likelihood that a visitation schedule can realistically be adhered to by both parties. The court will also consider the motives of the move and other factors.

If I was married in another state, can I file for divorce in North Carolina?
Yes. It does not matter where you originally were married when you file for divorce in North Carolina. There are, however, residency requirements that must be followed. You must follow these following grounds for divorce prior to filing: you must either have lived separately and apart for one year or have lived separate and apart for three consecutive years because of the inability to cohabitate with the other party. One spouse must have lived in North Carolina for a six month period or longer in order to file in the state.

Further Information on Divorce

It is important to get the necessary information before executing a divorce. If you are in need of any further answers or advice concerning your situation, contact a Monroe divorce lawyer from our firm at your earliest convenience. By calling our firm, we can answer many of your questions and evaluate your case to determine how to further assist you.

Collins Family Law Group - Monroe Divorce Attorney
Located at 114 North Main Street, Monroe, NC 28112.
Phone: (704) 269-6697.
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