Charlotte Divorce Lawyer Blog
Is It Best to File For Divorce First?
When you get married, you do not expect the union to end. Unfortunately, sometimes two people don’t get along and cannot make their marriage work. In North Carolina, the law allows for no-fault divorce. One of the important requirements for obtaining a divorce is that couples must live apart for at least a year before they may seek to dissolve the marriage. Many people wonder whether it is beneficial to file for divorce first. An experienced Charlotte divorce attorney will guide you through the process.
North Carolina Divorce Laws
North Carolina is a no-fault divorce state. Marital misconduct is not a reason for divorce, nor is it taken into consideration for the distribution of assets or child custody. A couple must live separately for a year before filing for divorce. During the year, couples may be able to come to an agreement regarding their children as well as asset distribution. It is important to note that North Carolina assumes a 50-50 split of marital assets in divorce. Both parties are to receive about the same value, and the distribution needs to be fair.
Which Party Should File For Divorce First?
When parties seek a divorce, one person is the plaintiff and one is the defendant. The plaintiff is also called the petitioner and is the party who files first for divorce. The other person is the defendant, also called the respondent. The petitioner serves divorce papers to the respondent, who has 30 days to respond. It is important that you respond to the divorce complaint in a timely manner so you do not forfeit any of your rights. Parties will work together to come to an agreement regarding settlement terms.
Are There Any Advantages to Filing for Divorce First?
There are generally no major legal advantages to being the first person to file for divorce. The law provides for the equal distribution of property. There may, however, be some psychological or emotional advantages to filing first for divorce. Filing first may give the party a feeling that they are in a better position in the divorce. While this is not true from a legal standpoint, it may give someone more control over the timing of the divorce. Being the first one to file for divorce may allow someone to feel they are moving on and ready to end the marriage.
Control of Timing
For some people, filing for divorce is a matter of control. It can actually be helpful to file first because you have the ability to gather the information you need in order to proceed. The other party may be left feeling off guard or unprepared. Timing may be of more consequence in other states. In North Carolina, parties are required to live separately for a year before divorce, so filing a complaint should not come as a surprise to either person. It is helpful to discuss your decision to divorce with an attorney as soon as possible so you are able to get ready for the process once the one-year separation period is over.
Contact our divorce attorneys at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation 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/petitioner
https://www.law.cornell.edu/wex/no-fault_divorce
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