Charlotte Divorce Lawyer Blog
January is Fresh Start Month
January has long been known as the month of fresh starts. Many people make New Year’s resolutions. These are promises to themselves to make things better in the coming year. Common resolutions include improvements in diet, fitness, and work. Those who are struggling with inadequate marriages may consider divorce. January is one of the most common months for people to separate and divorce. North Carolina has specific laws that you must follow in order to end your marriage. An experienced divorce attorney will help guide you through the process.
What is a No-Fault Divorce?
A no-fault divorce is the dissolution of marriage that does not place blame on either partner. Instead, the no-fault divorce is based on irreconcilable differences. The marriage is irretrievably broken, and the couple is unable to repair the union. A no-fault divorce is the most common type of divorce because it allows a couple to dissolve their marriage without having to prove the wrongdoing of their partner. Couples must meet the qualifications for divorce. One party must have resided in North Carolina for at least six months prior to divorce. In addition, couples must meet the separation requirement.
Separation Requirement
North Carolina is one of the few states that requires couples to live apart before they can get divorced. Married partners must reside in separate residences for a period of at least one year before they can proceed with a no-fault divorce. Living separately means that you cannot reside under the same roof, even if you sleep in different rooms. If you decide to get back together during the year separation period and later want to go ahead with divorce again, you must begin the separation period again.
Absolute Divorce
In North Carolina, there are two types of divorce: absolute divorce and divorce from bed and board. Divorce from bed and board is the equivalent of a legal separation. Divorce from bed and board does not legally end the marriage, but it does provide for the distribution of property. Couples who seek an absolute divorce can get a legal separation, but it is not required. However, a legal separation will resolve settlement issues and will make absolute divorce easier and less stressful.
Starting the Divorce Process
The first step towards obtaining a divorce in North Carolina is to live apart. Parties must live apart with the intention of divorcing. During the one-year separation period, couples can begin to handle the settlement matters. These include such things as identification of marital and separate property, distribution of assets and debts, and issues related to child custody and visitation. It is helpful to speak to a knowledgeable divorce attorney as soon as possible in the process. Your lawyer will answer your questions and guide the process from start to finish.
Divorce can be easier with assistance from an experienced attorney. If you are ending your marriage, you will want to discuss the matter with our legal team. Contact us at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation.
The family law practice group at Arnold & Smith, PLLC includes four 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.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce
https://www.law.cornell.edu/wex/no-fault_divorce
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https://www.freeimages.com/photo/a-good-time-to-start-something-1529136
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