Charlotte Divorce Lawyer Blog
Should I Be the First Spouse to File for Divorce?
The decision to divorce isn’t always an easy one. Couples often take time to try to resolve their differences before they choose to end their marriage. North Carolina has “no-fault” divorce. This means that the couple has irreconcilable differences and that neither party is to blame for the divorce. There are specific requirements necessary for couples to seek an absolute divorce in North Carolina. A knowledgeable family law attorney will help guide you through the process to make it as stress-free as possible.
Divorce Requirements in North Carolina
North Carolina is one of the few states that still requires a lengthy separation prior to divorce. The law requires you and your spouse to live in separate residences with the intent to end your marriage for a period of at least one full year before you can divorce. Couples are therefore aware of the decision to end the marriage. In addition to the separation requirement, at least one of the parties must have lived in the state for at least six months prior to filing for divorce.
Which Spouse Should File First?
There is no advantage to either party for filing first in a divorce case. The person who files first is called the plaintiff, and the other person is known as the defendant or respondent. The plaintiff in a divorce case does not have any special benefits because they filed for divorce first. There are some situations where domestic violence is present. In these cases, the victim should seek medical treatment and get to safety. They may then file for a protective order with the court. This is a separate process from divorce, although both processes can proceed at the same time.
Can I Get Alimony or Support if I File First?
Alimony, also called spousal support, is money paid by one spouse to the other on either a temporary or permanent basis. It does not matter which spouse filed first when it comes to alimony. Instead, the law looks at which party supports the other during the marriage. A spouse who was financially dependent on their partner during the marriage may be able to request alimony. Temporary support is designed to assist during the separation process, while permanent support may be necessary when the spouse will not be able to provide for themselves after the divorce is final.
How to File for Divorce
Either party may begin the divorce process by filing for divorce with the county clerk in the county where they live. They must ensure that their spouse is served with divorce papers. Spouses need to work together to iron out the details of the settlement terms. These include things such as the distribution of marital assets and debts, and child custody matters, among others. Couples can work out these details during the separation period when appropriate. While an attorney is not required, you will be able to better understand and handle the various issues that arise with guidance from a qualified divorce lawyer.
If you are going through a divorce, we can answer your questions and provide you with the legal help you need to make the process easier and less stressful. To learn more, 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.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-16.3a.html
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