A judgment of absolute divorce can have costly consequences – both materially and emotionally – if not handled properly. Whether your case is simple or complex, you want to make sure you do not waive any of your rights. An experienced, caring family law and divorce attorney can help you navigate the numerous legal requirements, manage any unexpected crisis that may arise and give you peace...
If the couple cannot reach agreement on the issues, mediation is good way to resolve the problem. The two parties and their lawyers meet with a neutral third party, a trained mediator, to work through the contested issues in an effort to settle the matters amicably and avoid a costly trial. It should be kept in mind that mediation requires concessions on the part of both parties. If the parties...
During the separation period and prior to the divorce being granted, couples typically begin dealing with settlement issues such as child custody and support, post separation support and division of property. It is important to understand that if claims for certain rights are not filed before entry of the divorce decree occurs, entitlement to those rights are lost. Claims which will be barred...
One year and one day after separation began, you may file a complaint for an absolute divorce with the Court. The complaint requires that the spouse filing the complaint verify that they have been a resident of the state for a least six months prior to the filing. It will also include, among other things, whether or not there are children of the marriage and if they are minor children.
To qualify for the “year of separation,” you and your spouse must live “separate and apart” for the 12 months. You may not simply stop having sexual relations and continue living in the house in separate rooms. Separate and apart means ceasing cohabitation which includes residing in different living quarters. Previously in North Carolina law, separated couples who engaged in sexual...
“Absolute divorce” is simply the legal terminology for “divorce” and is granted in North Carolina after one year of separation. North Carolina is a “no-fault” divorce state, so neither you nor your spouse is required to prove any marital wrong-doing. The Court mandates the following requirements for absolute divorce: That the spouses have been residents of the state for more than six...
