Charlotte Divorce Lawyer Blog
Divorce Requests Spike After the Holidays
January is sometimes called “divorce month” because of a spike in divorce requests. Many people may put their relationship issues on hold during the busy holiday season and decide to move forward with a divorce after December. The busy family time during the holidays makes it difficult to focus on major family decisions and changes. After the holidays, people have time to reflect on their lives and create a plan to move forward in the coming year.
Why Wait Until the New Year?
Couples cite many reasons for waiting until January to make decisions about their marriages. First and foremost, spouses often say that they want to preserve the holiday season without putting the family into emotional turmoil. A separation and announcement of divorce will undoubtedly put a lot of stress on everyone, which isn’t needed at this time of the year. Many families have gatherings and get-togethers with extended family members, and talk of divorce could ruin the joyful occasion.
North Carolina Separation Requirement
In North Carolina, couples must live apart for at least one year before they may divorce. Therefore, you cannot simply decide to end your marriage and begin the process. You and your spouse must reside separately with the intent to divorce for a year before starting your divorce. This means that you must begin the divorce process by living in different places. It is important to note that if you get back together at any point during the year and subsequently decide to divorce, you’ll need to start the separation period over again.
What to Know About Divorce in North Carolina
In North Carolina, divorce is also called absolute divorce, which is a final legal ending of the marriage. North Carolina, like other states, has no-fault divorce in place. Spouses do not need to have a reason other than that their marriage is irretrievably broken with no hope for reconciliation. No-fault divorce makes it easier and simpler for couples to end their marriages, but there are still some essential requirements. At least one party must have resided in North Carolina for at least 6 months prior to filing for divorce. In addition, couples must live apart for at least a full year before they may divorce.
Preparing for Divorce
Couples should utilize the separation time period to review and agree to the settlement terms of the divorce. Some of the important settlement terms are the distribution of marital assets and debts, child custody, also known as parenting time, and alimony. North Carolina requires couples to divide their marital assets in an equitable and equal manner. If you have any disagreements, it is best to handle them sooner rather than later. In some cases, you may need to seek help from a mediator to resolve disputes. Your attorney will be helpful in guiding you through the process with as little stress as possible.
Contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.
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/absolute
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-6.html
See Our Related Video from our YouTube channel:
https://www.youtube.com/user/ArnoldSmithPLLC?feature=watch
See Our Related Blog Posts:
Tips for Navigating Divorce