Charlotte Divorce Lawyer Blog
Top Five Divorce Questions Answered
It’s a fact of life that not all marriages result in happily ever after. About 40% of first marriages end in divorce. If you are contemplating your future options, you may have some questions about divorce in North Carolina. Here are answers to five of the most common questions we hear about ending a marriage.
What is a No-Fault Divorce?
You don’t need to prove any wrongdoing or marital misconduct in order to end your marriage. North Carolina provides for no-fault absolute divorce. No-fault divorce means that the couple has irreconcilable differences that make the marriage no longer viable. Neither party is to blame for the breakdown of the relationship. One party may file in court while the other party responds to the filing.
How Long Does A Divorce Take?
Ending your marriage requires a legal process. The divorce process in North Carolina currently requires couples to live apart for a period of at least a full year before they may proceed. Couples must meet the criteria for absolute divorce. At least one party must have lived in North Carolina for six months prior to filing for divorce, and the couple must fulfill the one-year separation requirement. Couples may work to achieve a settlement agreement to make the process faster and easier.
How Do We Divide Marital Property?
North Carolina law requires couples to distribute marital property in an equal and equitable manner in divorce. Marital property includes any assets and debts that you obtained during your marriage. Separate property is not part of marital property and includes assets you owned prior to getting married. Some assets can be difficult to divide, especially when a marriage has lasted a long time. The first step is to gather pertinent documents about your finances so you can begin to divide assets and debts.
How Does Custody and Parenting Time Work?
In North Carolina, both parents typically share custody of their children after divorce. Generally, the children will reside primarily with one parent, and the other parent will have visitation, also called parenting time. Both parents share legal custody and are able to make important decisions on behalf of their kids, such as those involving healthcare, education, and religion. Parents will work to complete a parenting plan that provides details of the custody and visitation arrangements. Child custody and visitation must be made in the best interests of the child.
Do I Need a Lawyer to Get a Divorce?
You are not required to have an attorney to get a divorce in North Carolina. You may choose to represent yourself in the matter. However, there are many issues that can be complex and may have long-term consequences. Therefore, it is usually advisable to seek legal guidance through the process. Your attorney will guide you through the divorce and will help ease your stress. Your lawyer works to resolve issues and helps you protect your rights
We are here to answer all your questions about separation and divorce in North Carolina. Call us at Arnold & Smith, PLLC, at (704) 370-2828 to speak with our compassionate legal team.
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.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-6.html
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-13.2.html
See Our Related Video from our YouTube channel:
https://www.youtube.com/user/ArnoldSmithPLLC?feature=watch
See Our Related Blog Posts:
Five Common Questions About Divorce in North Carolina
Guidelines for Divorce in North Carolina: A Primer for Residents