Deciding on legal separation and divorce is always distressing. This is an important chapter of your life, and you should be sure that you have taken every possible step to save the marriage, including counseling. When things fall part and you decide to file for divorce, knowing the state laws is important. Your best bet is to talk to an experienced Wilmington family law attorney, so that you can understand what the whole process is like. In this post, we are sharing the basics of North Carolina divorce.
North Carolina is a no-fault state, which means that you don’t have to prove fault or misconduct by your spouse to file for divorce. However, two requirements are extremely important. Firstly, you must have lived in North Carolina for a period of six months before filing for divorce, and secondly, you and your spouse must have been separated for a period of at least one year. There are some cases, however, where fault does matter. This type of divorce is called divorce from bed and board, where one spouse can request the court to allow for separation, before the actual divorce is finalized. Various grounds may apply, such as adultery, abandonment, emotional abuse, and substance abuse.
Distribution of marital property
In North Carolina, assets and properties that have been acquired or purchased during the course of the marriage are considered marital properties, no matter who has paid for it. In other words, both spouses can have claim to these properties. The same holds true for debt too.
Should you hire a lawyer?
Many people want to know if they should hire an attorney, especially if they agree with their spouse on various aspects like assets, alimony, child custody & child support. To ensure that your rights are protected, and you are not agreeing to something that’s unjust in the long run, it makes sense to get a divorce attorney. There are some amazing law firms in North Carolina, and the best attorneys can ensure that the whole legal process remains a smooth one.
Your attorney will also take care of settlement discussions and paperwork involved.