Five Common Questions About Divorce in North Carolina
Divorce can be complex and overwhelming. The decision to end your marriage is one of the most difficult decisions you will make, and it will have a long-term impact on you and your family. The best place to start the process is to learn as much as you can about what to expect with divorce in North Carolina.
What is No-Fault Divorce in North Carolina?
What is the Difference Between a Contested and Uncontested Divorce?
When you say “I do,” you don’t expect the marriage to end in divorce. Unfortunately, many unions do not last forever. When you have made the difficult decision to end your marriage, it is time to begin the divorce process. The most important requirement to get a divorce in North Carolina is to live separately for a year. Many people wonder what the difference is between a contested and uncontested divorce.
Uncontested Divorce
What is a High-Conflict Divorce?
In North Carolina, as in other states, married couples may request a divorce based on irreconcilable differences. No other grounds for divorce generally apply to those who seek to end their marriages in North Carolina. Sometimes, couples are engaged in a contentious divorce. This is also sometimes called a high-conflict divorce. It happens when couples are having more difficulty than usual coming to an agreement regarding the terms of a divorce settlement.
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What is a Parenting Coordinator?
Going through a divorce when you have children can cause a number of conflicts to arise between parents. Parents typically need to resolve the major issues concerning their kids, such as primary residence, visitation, and sharing parenting responsibilities. In some cases, parents have difficulty trying to come to an agreement about co-parenting. That is not hard to understand because many parents have different parenting styles and expectations. In these instances, a parenting coordinator may be helpful in resolving parenting conflicts.
What is a Parenting Coordinator?
Understanding Primary and Secondary Custody in North Carolina
When parents divorce, they are both typically allowed to make legal decisions regarding their children. This is called legal custody. Physical custody is a little more complicated. North Carolina does not define joint custody or shared custody. One parent is given primary custody, while the other is given secondary custody. The child resides primarily with one parent, and the other parent has regular visits.
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What is a 30-Day Waiver Divorce in North Carolina?
When you decide to seek a divorce, you must follow the laws of North Carolina. A couple must live apart for a period of at least a year with the intent to end their marriage. Once the year is over, you may proceed with an absolute divorce. An absolute divorce simply means that the marriage will be over and you will be free to move on.
30-Day Waiting Period
What is Walkaway Wife Syndrome?
Most times, when a marriage begins to deteriorate, both people are aware of the situation and may take steps to save their union. Sometimes, however, this does not happen. In some cases, one party, often the wife, decides to leave the marriage without even discussing it with her partner. Statistically, the wife is more often the one to initiate divorce. Relationship experts call this phenomenon the “walkaway wife syndrome.”
What is Walkaway Wife Syndrome?
What to Know About Divorce in North Carolina
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
What is a Financial Disclosure in a North Carolina Divorce?
When a couple decides to end their marriage, they begin the divorce process. In North Carolina, a couple must live apart for at least a year before they may seek a no-fault divorce. A no-fault divorce is based on the fact that both parties agree that the marriage is over and cannot be saved. The next step is for couples to divide their assets and debts in a fair and equitable manner. Marital property is property that the couple has obtained during their marriage.
Financial Disclosure of Assets and Debts
What You Need to Know About Marital Property in North Carolina
North Carolina is a no-fault divorce state. This means that a couple may seek to end their marriage due to irreconcilable differences. A no-fault divorce is easier and less complicated than divorces that require grounds. While a no-fault divorce is likely less difficult, couples must still work to properly divide their property as well as their assets. North Carolina laws provide that couples divide marital property in an equitable manner when they divorce.
What is Marital Property?
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