North Carolina Divorce statutes say the a divorce can be obtained by
either party of a marriage if separated continuously for at least one year and
at least one of the parties has lived in North Carolina for the last 6 months.
Within this twelve-month duration, you must not have resumed your marital
relationship. In North Carolina, it is not
enough that the spouses sleep in separate beds and refrain from sexual contact.
If you live within the same home, you’re not considered separate. Here are some questions that many divorcing couples in North Carolina
often ask.
Do I need to show a written document that contains the date of the start
of separation?
No. Neither party seeking a divorce is required
to show any written document that the separation commenced on a specific
date. You just have to remember the date
on which you actually separated, and that at least one of you intended that the
separation be permanent at the time of the separation.
Am I
required to go to court to get a divorce?
Yes. While you may settle issues such as child custody, child
support, alimony, and equitable distribution by way of mediation before your
divorce is granted, you still have to requests the court grant your divorce. Mediation
is also required in North Carolina for equitable distribution and child custody
matters.
What is the
process of filing for divorce in North Carolina?
The divorce process in NC is separate from issues of child
custody, child support, alimony, and equitable property distribution. Either
you or your divorce lawyer needs to file the divorce complaint with the office
of the court clerk. The complaint is served to your spouse either through the
office of the sheriff or through certified mail. You or your attorney will then
appear in court after a specified waiting period and your divorce will be
granted.
You may get your divorce decree prior to getting other marital
issues such as child support, equitable distribution, alimony and child
custody, but you’ll lose your right to alimony and equitable distribution if
you don’t reserve the claims prior to having your divorce granted. Once a
divorce judgment is made, no more claims may be brought for alimony and
equitable distribution. However, a
divorce decree can’t affect child support and child custody issues because both
parents have the right to child-related matters regardless of their current
status.
Should Your
Consider Hiring an Divorce Lawyer?
There’s a
lot that the divorcing couples need to know about the North Carolina divorce
process. NC divorce laws are quite complex and most couples facing divorce
forget to deal with (or simply are not aware) of certain issues and that can
have a long-term effects on their lives. Even what seems like the simplest
situation can oftentimes be confusing to an individual, especially when they
are under the emotional stress of a divorce. For this reason, it is almost
always the prudent choice to seek a consultation with an experienced North Carolina divorce attorney
who is well-versed in the intricacies of NC divorce laws.
