[NC] How do I get a divorce?
I want a divorce lawyer's help.
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Typically, the divorce starts with filing the paperwork at the clerk of court and serving the other spouse (Chapter 50 - Divorce and Alimony). If you both agree it can be uncontested; if disputed (assets, child issues), a judge will decide.
Child-custody determinations are driven by the “best interest and welfare of the child” standard and follow the procedures in G.S. §50-13.2.
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North Carolina Marital Settlement Agreement
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I want a divorce lawyer's help.
Lexi, Chatbot
I understand — what state are you located in?
North Carolina.
Lexi, Chatbot
Have you already started the divorce process or are you looking to begin it?
My wife wants a divorce and it hasn't started yet.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
No.
Alex, Esq.
Hi — I’m Alex, Esq. Welcome. How are you?
I am okay.
Alex, Esq.
Thanks. Can you share background and how it got to this point?
We got married 3 years ago. We have a son who turned 2 this January. We were in a long-distance relationship, but right now I am in the U.S., living in the same house with her. She holds an H-1B, and I hold an H-4 visa. I’m close to my family (she doesn’t like that), and that caused arguments. She has issues with my in-laws and feels I don’t value her because I still contact and meet my family. This has led to where we are now.
Alex, Esq.
Typically, the divorce starts with filing the paperwork at the clerk of court and serving the other spouse (Chapter 50 - Divorce and Alimony). If you both agree it can be uncontested; if disputed (assets, child issues), a judge will decide.
Child-custody determinations are driven by the “best interest and welfare of the child” standard and follow the procedures in G.S. §50-13.2.
What should I do?
Alex, Esq.
As I said — you would need to file and have her served to start the process. Ideally you’d agree, but if not, filing begins it.
I tried reconciliation and counseling but she doesn’t want it.
Alex, Esq.
That’s her choice. If she wants a divorce and you do not, she can still file — the court will proceed.
I used to visit my family every 2–6 months from Singapore. I’m actively trying to find a job but haven’t had luck. Yesterday I told her I’d quit and come stay and try to work things out, but she’s still firm on divorce.
Alex, Esq.
Understandable. Before you make major changes (like quitting a job or giving up visa/status), be careful — know what you might be giving up because she can file and serve you.
How is it for H-4 visa holders regarding visitation of the child? My visa expires soon. Before I travel is there anything I can do about returning?
Alex, Esq.
That’s an immigration issue and could be complicated. Consult an immigration attorney — they can advise whether and how your status/visa/ability to return would be affected by the divorce and child custody matters.
Sorry one more question, how do I get in touch with an immigration lawyer?
Alex, Esq.
You can open a new question on the site and request an immigration attorney, or seek a local immigration lawyer for personalized advice.
Great, thank you.
Alex, Esq.
My pleasure — let me know if you have any other questions.
Alex, Esq.
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