MY PRACTICE AREAS
Separation
A Solution That Looks
To The Future
Divorce
Helping You Navigate
The Process
Custody
A Firm That Knows What You’re Going Through
Child Support
A Pragmatic Approach
To Child Support
Asset Division
Get What You’re Entitled To And Preserve What You Have
Spousal Support
Working To Protect Your Finances In Divorce
Adoption
Adoption Is Worth The Effort. Let Us Help.
Mediation
North Carolina Certified Family Financial Mediator
Divorce/Separation FAQ
Not everyone who is seeking a divorce is thinking about first getting a legal separation. At Schmitz Law, P.C., in Winston-Salem, our attorneys work with people who want to make things official and advise them of how to get there. Here are some frequently asked questions people have regarding divorce and legal separation:
I’m not interested in separation. Can’t I get divorced as soon as possible?
Under North Carolina law, a divorce can be granted only after the parties have been separated for 1 year (365 full days). Crafting a separation agreement that can be included with the ultimate divorce judgment is a way to demonstrate this separation during the year-long waiting period.
When the 12 months is up, then will I have to go through the process all over again?
I’m willing to give my spouse a portion of my 401(k), but I don’t want to pay the taxes and early withdrawal penalties. Is there a way around it?
What if we change our minds and decide not to divorce? I don’t want to make the wrong decision.
Is there an age when my child can choose which parent he wants to live with?
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