Professional Divorce Lawyer
Legal Assistance for Divorce Cases in North Carolina
The Law Office of Dahlia Castillo offers legal representation for divorce cases in the North Carolina counties of Cumberland, Harnett, Hoke and Wake.
Going through a divorce is not an easy situation on an emotional level, and on an administrative level, it entails its own difficulties. When there are children involved, child support and custody agreements further complicate the matter. These circumstances inevitably require professional legal assistance.
North Carolina divorce law requires spouses to live separate and apart with the intent to have no reconciliation for one year before they can file for divorce. The spouses cannot live in the same home during this period. They must live in separate homes with separate addresses. There are no exceptions to this rule.
The Law Office of Dahlia Castillo can provide you with legal representation services to finalize your divorce, including custody and child support if necessary, and any other pertinent circumstances, such as property and debt division or health insurance coverage.
In cases where the couples have not met the required one-year separation and a divorce is not possible, Attorney Castillo can help negotiate a legally enforceable separation agreement regarding support payments, child custody, division of property and debt, maintenance of health insurance or whatever issues need to be addressed in your case.
Divorce and Immigration
When one of the spouses is an immigrant, further complications arise. In mixed-status marriages it is quite common for the legal permanent resident or citizen spouse to be the visa sponsor of their immigrant partner. Even if the couple divorces, there are circumstances in which the sponsor’s obligation to the immigrant remains in place.
If your divorce involves a relationship of financial sponsorship, you will need the legal assistance of an attorney who can guide you through the process of getting a divorce in North Carolina while also taking into account how the divorce may impact a marriage-based visa application and whether there is a legal obligation at stake.
Financial Sponsorship and Divorce
The legally binding document in these cases is the I-864 form, also known as Affidavit of Financial Support, which is signed as part of the USCIS protocol for obtaining the visa. The conditions under which the financial support obligation concludes are the following:
- The immigrant obtains American citizenship
- The immigrant has been credited with at least 40 employment quarters according to the Social Security Law
- The immigrant has left the United States and is no longer a permanent resident
After a deportation order, the immigrant seeks residency and a new I-864 sponsor
- The immigrant dies
All legal procedures are emotionally and bureaucratically difficult, but a divorce in which there is a legally binding obligation of financial support carries an added level of complexity that can only be resolved with the assistance of an experienced divorce attorney.