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Divorce Attorneys
A “divorce” is a legal judgment or order from a court that terminates a marital relationship. The divorce serves to end the legal relationship formed by a marriage. A divorce, as a process, will often give rise to other issues, such as support obligations, child custody, and property distribution.
North Carolina recognizes only one avenue of divorce:
Divorce by Separation
A divorce by separation may be granted when there is a valid marriage, a valid separation of at least twelve months, and at least spouse has lived in North Carolina for a period of six months prior to the filing of the divorce.
North Carolina considers a separation as one where a married couple resides separate and apart from one another with at least one spouse having the intention for such separation to be permanent. North Carolina does not have any formalities regarding a separation, such as a written agreement or the filing of any documents with the court. Instead, the separation, for the purpose of divorce, begins when one party moves out.
Our attorneys provide step by step assistance in obtaining a final divorce decree, and we can also assist with any other issues that may arise as a result.
SEPARATION AGREEMENTS
North Carolina does not require any formal documentation to support a separation. However, a separation will often give rise to many other issues, including spousal support, property distribution, and child custody and support.
What is a separation agreement?
A Separation Agreement is a contract drafted between the spouses that resolves some, or all, of these issues. Separation Agreements are typically treated just like a contract, requiring each party to consent to the terms after having an opportunity to independently review the contract.
How do I make a separation agreement?
A separation agreement is a contract that has only a few requirements. A separation agreement is a written document. The document is signed by all parties, usually under the seal of a notary to avoid any claims of fraud or forgery. The document itself can contain as little or as many details as agreed upon by the parties.
What is in a separation agreement?
A separation agreement can resolve as many or as few issues as the parties want. An agreement could divide the marital property and marital debts. An agreement could award Postseparation Support (PSS) between the spouses during the separation, or it may include an amount of alimony after the divorce is granted. Child support obligations can be included in an agreement, however, the needs of the child must be evaluated at the time of the awarding, so this child support may require revisions depending on the facts of a particular situation.
The Separation Agreement is perhaps best used for Child Custody determinations. A Separation Agreement can include the terms and provisions of child custody. This agreement can include the determinations of which parent(s) can make medical, religious, and educational decisions, or can require all major decisions be made by agreement of both parents. An agreement can include schedules for visitation, outlining the various dates and times a child will spend with each parent: accounting for holidays, school breaks, and special occasions.
Divorce Process
1. Party Decides to End Marriage
The divorce process begins when one or both spouses decide to end the marital relationship. A party may separate or seek “a divorce from bed and board” if certain situations occur.
2. Parties Separate
A legal separation only requires the parties to live separate and apart with the intention of one party that such separation be permanent. Nor formal agreements or actions are required.
3. 12 Month Waiting Period
The parties must continue to live separate and apart for twelve (12) months. Any reconciliations during the 12-month period may reset the clock, affecting the parties eligibility for a divorce.
4. Parties File for Divorce
One party will file a civil lawsuit seeking a divorce judgment. One party must have resided in North Carolina for a minimum of six (6) months prior to the date of filing. The marriage need not have been in North Carolina to qualify.
5. Response & Additional Claims
Either party may choose to add additional claims related to the divorce, such as Equitable Distribution of assets, Alimony claims, and matters relating to minor children, such as custody and support.
6. Granting of Divorce
Many divorces are awarded upon a motion for summary judgment based on the facts of the complaint. Typically a short hearing is required to establish the requirements, and afterwards, a decree of divorce or a judgment is ordered by the court.