When you get married you never think you will get a divorce. Yet, sometimes divorce happens. If you and your spouse are no longer able to remain together, you will need to consider ending your union. There is some basic information that you need to know as you begin the divorce process. An experienced divorce attorney will help you through the process and provide you the guidance you need to get through this stressful time.
A Couple Must Live Apart for a Year
North Carolina is one of the few states that requires a married couple to live apart before they can get a divorce. You and your spouse must reside separately for a period of one year before they can file for absolute divorce. Living apart means that you must reside in separate residences and cannot simply agree to continue to live together. The purpose of the requirement is to ensure that you and your spouse in fact wish to end your union.
Board Certified Family Law Specialist Matt Arnold answers the question: “Do I need an attorney to get a Divorce in North Carolina?”
There are Two Types of Divorce in North Carolina
North Carolina has two different kinds of divorce including divorce from bed and board and absolute divorce. Divorce from bed and board is basically the same thing as a legal separation. With divorce from bed and board you will be legally financially apart, but are not divorced and cannot remarry. Absolute divorce allows you to end your marriage permanently and you can later remarry.
North Carolina is a No-Fault Divorce State
North Carolina allows for no-fault divorce. In a no-fault divorce you do not need to prove grounds for ending your marriage. Instead, you must simply know that your marriage is irreparably broken and you are not able to remain together. Marital misconduct does not enter into a typical divorce. However, a judge may consider misconduct in certain aspects such as alimony.
North Carolina Allows for Equal Distribution
Distribution of your property is one of the most challenging aspects of divorce. Courts prefer couples to work together to come to a fair agreement regarding the distribution of marital assets and debts. The law requires an equal distribution and assumes that the marital property belongs equally to both parties. Marital property includes any property and assets you acquired during the marriage. The judge will review the agreement to ensure that it is fair to both parties.
You and Your Spouse Cannot Have the Same Attorney
Even if you and your spouse are involved in an amicable divorce, you cannot hire the same attorney. Your attorney is ethically required to advocate for your rights and cannot do so for both parties at the same time. Therefore, it is best to seek a qualified divorce attorney with experience. While the law does not require you to have a lawyer, you will likely want to get guidance from a skilled legal professional to assist you through the process.
A legal consultation is often the first step in a divorce. Your attorney will answer your questions and assist you every step of the way. To learn more, contact us today at Arnold & Smith, PLLC at (704) 370-2828 today.
The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-20.html
https://www.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce
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