Charlotte Divorce Lawyer Blog
Separation Tips for Divorcing Couples in North Carolina
When you decide to end your marriage, you must follow the basic divorce laws. North Carolina has a specific separation requirement that couples must meet before they may qualify for a no-fault absolute divorce. While most states do not have a separation requirement, North Carolina requires a one year separation before a couple may seek a divorce. This period ensures that couples are ready and prepared to move forward with dissolving their marriage.
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Live in Different Residences
The prerequisite for divorce in North Carolina requires spouses to live separately for a period of at least one year. At least one party must separate with the intention of divorce. Couples cannot live under the same roof. You will need to be able to show proof that you lived apart. If you and your spouse reconcile during the period and then ultimately decide to divorce, the separation clock starts over.
Separate Finances
In North Carolina, property that a couple accumulates during the marriage and up until the date of separation is considered marital property. In North Carolina, marital property is to be distributed equally between divorcing spouses. This includes both assets and debts. When you separate, you will need to agree on the way you will split finances. You may want to open a new bank account and make sure that you have records and details about your finances such as your bank accounts, credit cards, loans, investments, and more.
Consider Separation Agreement
While a separation agreement is not a requirement in North Carolina, you may wish to put one in place. A separation agreement outlines the various settlement issues such as distribution of assets and debts, and child custody arrangements, among others. When properly executed, this agreement is a contract that will provide guidance for your divorce. A separation agreement may allow for a more harmonious divorce process.
Discuss Settlement Matters
For some, the requirement to live apart for a year before divorce can seem cumbersome. However, it can serve a good purpose. This time period allows you and your family to settle into a new normal and ease into the new dynamic. In addition, you and your spouse will have time to iron out all the many issues that arise during a divorce. You will then be prepared to move forward with the divorce process as soon as your separation year is complete. If a couple cannot come to an agreement, they may need to participate in the Family Financial Settlement Program that offers solutions such as mediation to resolve disputes.
Seek Guidance From an Experienced Attorney
Divorce can be complicated and you may benefit from the guidance of a skilled divorce attorney. Although you do not legally have to have an attorney, it is often in your best interest to do so. Your lawyer understands the many laws and rules of the process and can assist you through the proceedings from start to finish. Most importantly, your lawyer will always protect your interests and look out for you to ensure that you have a fair result.
If you are ready to separate or are beginning the divorce process, we can help. 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.
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