Charlotte Divorce Lawyer Blog
The idea of blaming your spouse for divorce is long gone. Instead, the concept of no-fault divorce is the standard. Each state has its own laws and rules that govern the divorce process. North Carolina is no exception. In North Carolina, you may obtain a no-fault divorce without having to prove that the other party did something wrong. It is helpful to understand the basics of a no-fault divorce.
What is a “No-Fault” Divorce?
You do not need to prove marital misconduct in order to obtain a no-fault divorce. There are no grounds for divorce necessary for an absolute no-fault divorce in North Carolina. Neither party is to blame. You need only agree that the marriage is irretrievably broken and no longer viable. A no-fault divorce is concerned with the reason the marriage failed. While marital misconduct is not a part of the reason for divorce, it may be brought up during the consideration of alimony, also called spousal support.
Requirements for a No-Fault Divorce
In order to seek a no-fault divorce in North Carolina, you must fulfill two main requirements. The law requires couples to live apart for a period of one full year before they may seek a divorce. In addition, at least one of the parties must be a resident of North Carolina, having lived in the state for at least 6 months immediately before filing for divorce. You and your spouse must reside in separate residences for a period of no less than one year, with the intent to divorce. Notably, if you reconcile at all during that period and later decide to divorce, you must begin the one-year separation again.
Settlement Terms in a No-Fault Divorce
While the no-fault divorce deals with the reason for the end of the marriage, you may still disagree regarding the settlement terms. The settlement terms include things such as the distribution of assets and debts, child custody, and spousal support. North Carolina law generally requires marital assets to be distributed equitably and equally between spouses. It is common to have disagreements about marital property and other issues. Utilize the separation period to resolve these matters and come to an agreement that will be included and approved by the judge during the divorce proceedings.
How Long Does it Take to Get a No-Fault Divorce?
North Carolina requires a one-year separation period, so the soonest you will be able to file for divorce is one year after you separate. Once one spouse files the paperwork, the other spouse has 30 days to respond. The length of time it will take depends on many factors, including whether you and your spouse agree to the settlement terms. If you have serious disputes, you may need to resolve them with help from a mediator. If you and your spouse are in agreement, the divorce process may take just one to three months to complete, depending on the court schedule.
If you are ending your marriage, it is helpful to speak with an experienced divorce attorney to get answers to your questions. To schedule a consultation with our legal team, call us at Arnold & Smith, PLLC, at (704) 370-2828.
The family law practice group at Arnold & Smith, PLLC includes multiple 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/marital_misconduct
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-20.html
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https://www.youtube.com/user/ArnoldSmithPLLC?feature=watch
See Our Related Blog Posts:
No-Fault Divorce in North Carolina
Separation in North Carolina