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...
Divorcing couples can avoid having a judge lump their pet in with the furniture by crafting an agreement outside court. It is commonly made part of their separation agreement or it can be a separate pet custody agreement. These are binding contracts and can be enforced by the court if necessary. The agreement can include matters such as terms of sharing or custody, visitation if applicable and...
In North Carolina, pet custody is determined by state laws governing marital property. As such, pets are considered the same as other household goods like furniture and jewelry. In determining the value of a pet, the court considers only fair market value of the pet and does not factor in emotional or sentimental attachment. In accordance with the equitable distribution process, the pet is first...
Although most people value their pets as more than a piece of property, North Carolina – like most other states in the country – continue to determine custody of pets by identifying them as property and including them in the equitable distribution process. There does seem to be a trend in some states to treat pets more like children, considering their best interests and even awarding...
According to national statistics, 62% of homes have one or more pets. It is no surprise that divorce disputes about who gets the family pet are common – and they are often contentious. For most people, pets are an important part of the family, but for some, they are considered valued family members. Fights over pet custody can stall or even halt divorce settlement proceedings leaving no...
