Charlotte Divorce Lawyer Blog
What is No-Fault Divorce in North Carolina?
The decision to end your marriage is often a difficult one. It is a choice that likely comes with a great deal of emotional pain. When you know that your marriage is over, you will need to take steps to dissolve the union. North Carolina law allows for a no-fault divorce. This is probably the easiest and least stressful option for most couples. An experienced North Carolina divorce attorney will provide you with the guidance and expertise to help make the experience as easy as possible.
What Does No-Fault Mean?
No-fault divorce is the most common option for ending marriages in the United States. No-fault divorce allows married couples to divorce without placing blame on each other. In decades past, couples needed to use one of the various grounds for divorce, which mainly placed fault for the divorce on one party or the other. No-fault divorce does not require either person to prove the wrongdoing of the other. To seek a no-fault divorce, the marriage must be irretrievably broken. No-fault divorce is an option for absolute divorce in North Carolina.
Absolute and Divorce from Bed and Board – What’s the Difference?
North Carolina offers two different types of divorce. Absolute divorce is a standard divorce that ends a marriage. Divorce from bed and board ends the financial ties to each other, but does not legally end the marriage. A divorce from bed and board is basically a legal separation. Fault does come into play with divorce from bed and board. If couples wish to terminate the marriage and be able to go on to marry someone else later, they must seek an absolute divorce. Absolute divorce has some specific requirements that you need to follow.
Requirements for No-Fault Divorce
To obtain a no-fault divorce in North Carolina, at least one party must reside in the state and must have lived here for at least six months. In addition, couples are required to reside separately for a period of at least one full year before they may divorce. Spouses must live apart with the intention of getting divorced. If the couple reunites during the period and later decides to continue with a divorce, they must begin the one-year separation period again. Couples must provide proof of separation.
Things to Know About No-Fault Divorce
No-fault divorce makes the process easier and less expensive. While fault or marital wrongdoing does not play a role in a no-fault divorce, it may still be a consideration in alimony. Couples need not agree to the terms of the settlement in order to seek a no-fault divorce. These matters will need to be resolved, however, sometimes with help from a mediator. Fault still plays a role in some divorces from bed and board. This may apply when domestic violence is a factor. Other factors that could play a role include substance abuse, abandonment, cruel treatment, and adultery, among others.
If you are considering divorce, contact us to request a consultation to discuss the various options available to you. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to learn how we can help guide you through the divorce process.
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.law.cornell.edu/wex/no-fault_divorce
https://www.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce
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