Charlotte Divorce Lawyer Blog
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
After one year of living apart, either party may file for divorce in North Carolina. The party who initiates the divorce is called the petitioner, and the other party is the respondent. When you file for divorce, you must serve the respondent with divorce papers. The respondent has a 30-day period to respond. This is also known as the waiting period. During this time, couples are expected to start working out the details of their settlement terms.
Board Certified Family Law Specialist Matt Arnold answers the question: “How will the judge divide our property?”
30-Day Waiver
The 30-day waiting period is required for all couples who initiate no-fault divorce in North Carolina. However, there is an exception called a 30-day waiver. The waiver is an option that eliminates the need for a 30-day waiting period in a divorce proceeding. It waives the 30-day response time and allows the divorce to proceed immediately. Both parties may agree to a 30-day waiver when they approve of the settlement terms and are prepared to move forward with their divorce.
Divorce Settlement Terms
There are many issues that you must resolve as part of an absolute divorce in North Carolina. North Carolina utilizes a 50/50 split of marital assets. Marital assets include money, property, and investments acquired during the marriage. Generally, couples need to come to an agreement as to the division of property as part of their divorce. Other common settlement issues include child custody and alimony.
Should We Seek a 30-Day Waiver?
A 30-day waiver has some potential advantages and disadvantages, depending on your specific circumstances. Couples who seek a divorce in North Carolina must be separated for a year first. You and your spouse may utilize this time to resolve your settlement terms. Therefore, you may not need any additional time. A 30-day waiver can speed up the divorce process a bit. You should not agree to a waiver unless you are certain that you are prepared to proceed toward divorce. You will likely want to consult with a divorce attorney before you agree to a 30-day waiver. If you waive the 30-day waiting period, you are seeking a 30-day waiver divorce.
A 30-day waiver divorce may allow you to obtain a divorce more quickly. If you are ending your marriage, you will want to make sure that you obtain a fair and equitable settlement. Consult an experienced divorce attorney to learn your options and to ensure that you protect your rights throughout the process. Contact us today at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation with our legal team.
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.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce
Image Credit:
https://www.freeimages.com/photo/insignts-1-1192699
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