Charlotte Divorce Lawyer Blog
What are the Steps for Divorce in North Carolina?
The day you get married is often the happiest day in your life. When you get married, you do not envision the marriage ending, but sometimes that is exactly what happens. When you and your spouse realize that you want to divorce, you may wonder what to expect in the process. North Carolina requires a separation period, which is not required in some other states. It is helpful to understand the steps involved in going through a divorce. Reach out to a knowledgeable Charlotte divorce attorney today for guidance.
Mandatory Separation Period
In North Carolina, couples must live apart for a period of at least one full year before they may proceed with a no-fault divorce. The couple must reside in different residences, and they must have the intention to end their marriage. The separation period cannot be interrupted. If you get back together with your estranged partner and then decide to divorce, you must begin the one-year separation period again. While you are separated, you will have time to work through the settlement terms of your divorce.
Financial Considerations
Once you and your spouse separate, you should make sure that you determine how to handle your finances. It is important to note that purchases you make after the date of your separation are considered separate property for purposes of divorce distribution. You will also need to set up a system for paying for your bills and expenses, as well as your children’s needs during this period. You may need to file a request for temporary support that provides payments until the divorce is complete.
Work Through Settlement Issues
There are many settlement issues that you and your spouse need to resolve. Some of the most important areas include child custody, division of assets, and spousal support, among others. North Carolina allows for the equitable distribution of marital property when couples divorce. You must determine which assets are separate and which are marital. Marital assets are those that you obtained during the marriage. Couples should work towards an equitable distribution that is fair and agreeable to both parties.
File a Divorce Petition
One party or the other will file a petition to request an absolute divorce. You should file with the Clerk of Court in the county where you reside. The person who files the complaint is called the plaintiff, and the other party is the defendant. You must serve the defendant with the complaint, which is typically done through the sheriff or a third party. The defendant has 30 days to respond to the petition.
Resolve Disputes
In some cases, parties do not agree to the settlement terms. Often, your attorney will help resolve minor disagreements. Sometimes the disputes are more challenging. If that happens, you may need to participate in mediation. A mediator is a trained professional who facilitates dispute resolution between parties. Once parties reach a fair and equitable settlement, the divorce will proceed to court.
During a hearing, the judge will review the details and requests of both parties to make a final determination. The judge will then issue an order, and the divorce will be complete. An experienced divorce attorney will help make the process easier and less stressful. Contact us at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation with our legal team.
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.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-6.html
https://www.law.cornell.edu/wex/equitable_distribution
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