The decision to divorce brings many questions and concerns. It is helpful to learn some of the basic information about divorce in North Carolina before you begin the process. Here is basic information to answer some of the common questions about divorce.
Absolute Divorce
It is helpful to understand the two types of divorce in North Carolina. Absolute divorce will end the marriage. By contrast, the other type is called divorce from bed and board, which effectively separates a couple’s finances and other issues but does not end the marriage. Divorce from bed and board is fault-based, while absolute divorce is considered no-fault. No-fault divorce is based on irreconcilable differences.
Mandatory Separation Requirement
Unlike some other states, North Carolina has a law that requires those seeking an absolute divorce to live apart for a period of one full year before they may proceed. A couple must live apart with the intention of divorcing. If the couple reconciles during the one-year period and later decides to end the marriage, they must begin the separation period again.
Division of Marital Property
When determining the distribution of assets, couples need to divide their property in a fair and equitable manner. The requirement applies to marital property. Marital property includes any purchases or debts that either party made after the date of marriage and before the date of separation. Property you owned prior to marriage is typically personal property and not generally
part of the distribution in divorce.
Legal Vs. Physical Child Custody
There are two types of custody in North Carolina. Legal custody is the ability to make legal decisions for your child. These are decisions such as those pertaining to education, health care, and religion, to name a few. Physical custody refers to the location where the child resides most of the time. Generally, parents share legal custody. The child typically lives with one parent while the other parent has regular visitation. The non-primary custodial parent usually pays child support.
Dispute Resolution
Disagreements regarding divorce settlement terms are common. These disputes can delay a divorce and make it cost more than it should. The courts encourage couples to try to resolve their differences together. In some cases, a judge may require couples to participate in mediation. Mediation utilizes a third-party professional who assists in dispute resolution between parties. If you are engaged in a serious dispute that you cannot seem to resolve, it is often a good idea to get professional outside help.
Divorce is often easier and less stressful with the help of a knowledgeable attorney. Your lawyer will guide the process and provide information to assist you in making decisions. With the help of your attorney, you can avoid some of the common pitfalls that can make divorce more complicated. It is helpful to discuss the basics of your case and get answers to your questions with a consultation. Contact us at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a meeting with our legal team 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.law.cornell.edu/wex/no-fault_divorce
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