When parents divorce, they often disagree about some of the fundamental settlement terms. Disputes regarding the children are among the most common arguments between divorcing couples. In North Carolina, both parents often share legal custody of their children. This is called shared parenting or co-parenting. The children typically live primarily with one parent and have regular visits with the other parent. Sometimes, parents cannot agree on child custody. When that happens, it can make the divorce process more difficult and stressful.
What is the Waiting Period for Divorce in North Carolina?
Making the decision to divorce is likely one of the most difficult things you will ever do. Once you realize that you cannot make your marriage work, the next step is to begin the divorce process. In North Carolina, divorce is called absolute divorce. North Carolina requires couples to live separately for a period of one year before they can seek a no-fault divorce. The one-year period is required to ensure that you are ready to end your marriage. One partner will then file a petition for absolute divorce.
You work hard for years to maintain a good credit history and score. When you are married, you and your spouse are usually responsible for the debts that you incur. Although you may always pay your bills on time and keep a good credit to debt ratio, you could face some credit challenges during and after your divorce. Even when couples agree to end their marriage, they may disagree about finances. In North Carolina, when couples divorce their marital property, including debts are to be divided equally.
When couples divorce, they need to resolve many settlement issues. Some divorces are amicable, but often, couples disagree about important matters such as child custody. Parents may both have legal custody of their child, which allows both parents to make important decisions about a child’s health, education, and religion, among other things. Physical custody refers to where a child will live most of the time. Disputes about child custody can be emotional and challenging to resolve.
Parenting is often difficult after a divorce. When parents go their separate ways, they still have responsibilities to their children. Usually, both parents share legal custody of their child in that they are both able to make important decisions regarding the life of their child. Some of these decisions revolve around the child’s health, education, and religion, among others. Often, children reside primarily with one parent while they enjoy regular visitation with the other parent. The custodial parent may want to move out of the area after a divorce. Before you relocate, you need to make sure that you do so in a way that is legal.
Are There Restrictions on Relocation After Divorce?
Five Common Questions About Divorce in North Carolina
Couples who are considering divorce may be unsure of what to expect. There are many issues to think about, and it can seem daunting. An experienced North Carolina divorce attorney will answer your questions and guide the process to make it easier and as stress-free as possible.
It can be difficult to make the decision to end your marriage. Once you know that there is no hope for saving the union, you will need to start the divorce process. North Carolina allows for a no-fault divorce, so you can obtain a divorce because you and your spouse have irreconcilable differences. There are two types of divorce, including divorce from bed and board and absolute divorce. When you want to end the marriage completely, you will likely want to file for an absolute divorce. A knowledgeable North Carolina divorce attorney will help guide you through the process of obtaining an absolute divorce.
Board Certified Family Law Specialist Matt Arnold answers the question: “What does uncontested divorce mean?”
Many people view divorce as a one-size-fits-all process. They imagine filing papers and appearing in court and talking to lawyers and taking the stand, all the things that have been shown on television and in movies. The reality is that divorce is as varied as relationships and that each one happens somewhat differently. Though contentious litigation is certainly one approach, it isn’t the only one. To learn more about different ways of handling your divorce, keep reading.
Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “My wife and I are not getting along If I leave the house, can she get me for abandonment?”
A well-known divorce mediator is encouraging people who are considering divorce to dispense with some common myths before taking the proverbial leap away from and out of marriage—especially if the marriage involves children.
To be frank, divorce mediator Debra Macleod says anyone considering divorce needs to stop lying to oneself about the effect the process will have on children—and on oneself.
First and foremost, if a person thinks divorce is going to solve all of one’s problems—even one’s problems with a (soon-to-be-ex) spouse, one may have another thing coming. In fact, being divorced may introduce a whole new host of heretofore un-encountered issues with one’s (now ex) spouse.
Now that you are divorced and sharing custody of your children, you have to contend with your ex-spouse’s new boyfriend or girlfriend. You now “have no control over the strangers that waltz in and out of your child’s life.”
And that’s a shame—a shame for you but more so a shame for the child who brought none of this upon oneself. Macleod says most divorces are caused by the mixing of “two self-focused, short-sighted adults who wallow in their own misery” and who don’t spend enough time thinking about others—namely their kids.
Charlotte Divorce Lawyer Blog
How Do I Prepare for a Custody Case?
