Before a court can have jurisdiction authority to enter an order, one spouse must file a complaint initiating a lawsuit against the other spouse. Once a lawsuit has been opened, the court can resolve issues such as child custody and support, visitation, short term spousal support, alimony, and property division.
Can all property items be divided by the court? For example, property acquired by either spouse before the marriage or by gift or inheritance during the marriage is generally considered to be separate property and exempt from division. Is the property always divided equally? Although the law presumes that the marital property and debt should be split evenly between the spouses, the court may award a larger share of the property to one spouse under certain circumstances. Does the court consider adultery when it makes a decision regarding division of property? Adultery on the part of either spouse is generally not relevant to the issue of property division, unless such adultery can be tied to financial misconduct.
What factors does the court consider before dividing the property? Is there any way to avoid a court-ordered division of property? If the husband and wife can agree, they can divide the property as they see fit. Their decision regarding division of property must be included in a properly executed separation agreement that is signed by both parties with both signatures properly notarized. How does the court determine alimony?
North Carolina Divorce & Separation
Post-separation support and alimony can be granted by the court when there is a need for spousal support. The party requesting support must actually be dependent on the other spouse for support or substantially in need of such support. The other spouse must be the supporting spouse; that is, the one able to pay such support. Post-separation support is temporary and lasts only until an alimony hearing or until the support is otherwise terminated.
Does the court consider adultery when it makes a decision regarding alimony? At a hearing regarding alimony, the court shall consider marital misconduct by the parties in deciding whether to award support. If the dependent spouse committed adultery before the date of separation and the other spouse can prove it, the dependent spouse is not entitled to alimony, even if he or she is otherwise entitled to support.
If the supporting spouse committed adultery before the date of separation and the other spouse can prove it, he or she must be ordered to pay alimony. If both parties committed adultery before the date of separation, alimony is at the discretion of the court. What if my spouse is ordered to pay alimony and does not abide by the court order? If a party ordered to pay refuses to do so, the intended recipient may ask the court for an order holding the other party in contempt of court.
North Carolina law provides various remedies for failure to pay alimony. How do we get divorced? One spouse or the other must have resided in North Carolina for at least six months and the parties must have been separated for at least one year with the separation intended to be permanent.
When those two requirements have been met, either party may file for an absolute divorce. What if one spouse does not want a divorce? So long as one party has resided in North Carolina for at least six months and so long as the parties have been separated for at least one year, the divorce will be granted. Is there any way to get divorced without being separated for a year? There are only two grounds for divorce in North Carolina.
How do I go about filing for a divorce? It is always wise to consult an attorney about a divorce, even though the divorce may appear to be simple and uncontested. Divorce cuts off the rights to alimony and equitable distribution. If you decide to represent yourself, ask the Clerk of Court in your county if there is a local procedure for pro se litigants to follow.
- When are we legally separated? Key components and the differences from absolute divorce?
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Some counties in North Carolina have self-help centers or pro se divorce kits available for a nominal fee. If you have further questions about the information discussed in the brochure, you should consult an attorney. You or your spouse can request a jury trial to decide whether you or your spouse committed marital misconduct, as mentioned in 1, above.
Legal Aid of North Carolina has a do-it-yourself divorce packet , which includes divorce forms that you might need, an explanation of the divorce process , and a glossary of terms you might encounter if you choose to get divorced. You should not use this packet, however, if you wish to get spousal support or divide property between you and your spouse.
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North Carolina Divorce & Separation
What are the residency requirements to file for divorce in North Carolina? What are the reasons grounds for divorce in North Carolina? What are the reasons I can get an annulment? Can I get alimony? What are the basic steps for filing for divorce? Where can I find additional information about divorce? Yes No. However, the judge may not award alimony under some circumstances of marital misconduct.
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While divorce laws vary by state, here are the basic steps: First, you must meet the residency requirements of the state. Third, you must file divorce papers and have copies sent to your spouse. Fourth, if your spouse disagrees with anything in the divorce papers, then he will have the opportunity to file papers telling his side.
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