How do I get divorced in North Carolina?
It is never easy when a couple decides to end their marriage. Perhaps one spouse wants the divorce, while the other very much does not. There may be infidelity involved, which can raise the emotional stakes even higher.
There are also countless decisions to be made regarding custody and support of children, division of property and living arrangements.
In North Carolina, a couple must live “separate and apart” for one full year before they can file for divorce. The articles in this section will break down the requirements for legal separation, as well as the different types of divorce available in the state. We will also address common questions couples might have, from how to deal with a cheating spouse to who might get to keep the marital home.
How you appear in divorce court could have an impact on the case.
A divorce can be very hard for people outside the relationship to understand, especially family members.
Real estate markets change frequently and various factors, such as location and price, can affect how long your house will last on the market.
It is important to create a budget that allows you take into account the extra cost of divorce.
Depending on the circumstances, this could be the most difficult and emotional point of the divorce process.
Day-to-day activities and obligations do not stop during the dissolution of a marriage and juggling everyday life can be extremely stressful.
At some point in the divorce proceedings, either you or your spouse will have to move out of the marital home. It may even be that both of you have to find a new place to live.
Anyone may be able to gain access to your account: your former spouse, his relatives … or even his lawyer.
One of the most difficult aspects of going through a divorce can be dealing your ex’s new significant other.
Having funds only you can access could provide a safety net and protect you from situations like spousal starving, where one spouse completely cuts off another.
Unlike an absolute divorce, a divorce from bed and board does not completely end a marriage, but it does affect each party’s rights with regard to each other and each other’s estate.
In North Carolina, ending a marriage is usually a two-step process. Once you understand what you are getting into, you will be better able to handle the anxiety you may feel.
A separation agreement is used to specify what the parties agree to in regard to things like property division, alimony, child custody and support.
In North Carolina, a spouse can sue a third party for causing a loss of affection due to an affair. These claims are known as Alienation of Affection and Criminal Conversation.
Setting clear priorities and being willing to compromise are key to keeping costs down in a divorce.
Educating yourself about the law, staying active in your divorce case and choosing a lawyer who is a good fit for your situation will make the divorce process much less stressful.
Every situation, every couple, and every divorce is different. Being better prepared for your individual situation will make the process much easier.
Contesting an absolute divorce in North Carolina can be very difficult.
A separation agreement will be enforced differently depending on whether it has become part of a court order. A separation agreement that isn’t part of a court order is treated like any other contract made between parties.
Annulments essentially mean the marriage never legally happened and are only allowed in North Carolina under very rare circumstances.
There are certain conditions — including a one-year separation period — that must be met in order to receive an absolute divorce in North Carolina.
Sex addiction can be an extremely uncomfortable topic for spouses. However, it can impact your situation in many ways.
There are a number of specific steps that must be taken to prepare and file a divorce complaint.
TAKE THE NEXT STEP
When a marriage ends, it is never easy. It can feel like there are a million things to consider — from the practical decisions about property and finances to the emotional heartbreak of ending a relationship.
Don't worry, we're here to help.