Family law, just like any other sub-division of the law, is guided by certain rules and regulations that may vary from one state to the next. Depending on where you live, ensure that whatever course of action you take is within the confines of the law. This includes when you find that you can no longer continue in your marriage. Seek the guidance of a family law attorney to avoid unnecessary disappointments.
This post will answer some of the common questions asked about the prerequisites for separation and divorce, particularly in North Carolina.
Q: Should I give notice to the courts that my separation is beginning?
You don’t have to file anything with the court in North Carolina when you begin your separation. When you file your complaint for divorce, you must state within it that you’ve met the requirements for a one-year separation, and that you and your spouse have lived in different residences for the entire time. Your word that you’ve lived separately for a year and did so with the intention of divorcing is good enough for the court. Read more at Legal Zoom…
Issues surrounding separation and divorce in North Carolina are generally straightforward. There are not many legal restrictions, and with the right counsel, you should have an easy time.
As mentioned above, one of the pre-requisites that you must meet before you can file for divorce is to have lived separately for a year. Here’s some more information you should know:
Q: Must I have a legal separation in order to file for divorce in North Carolina?
You do not have to have a legal separation to obtain a divorce in North Carolina. However, North Carolina law requires that a couple be physically separated at least a year and a day before they can file for an absolute divorce in North Carolina. The clock starts on the date the spouses move to separate residences.
A legal separation order may be sought in a difficult divorce if a spouse refuses to cooperate. For example, if one spouse refuses to agree to move out, the other spouse may petition the court for a legal separation, known as a divorce from bed and board. This is a court-ordered legal separation and is a step toward divorce. Read more at Charles R. Ullman & Associates…
A legal separation becomes necessary when your spouse refuses to separate from you. If you are in agreement about the separation, then a legal separation is unnecessary.
Finally, if you choose to have a separation agreement, you both need to be clear about what it is and how it guides your actions. The following post gives insight into this matter:
Q: What is a separation agreement?
A separation agreement is a written contract between a husband and wife. Subjects such as child custody and support, property division, spousal support, and possession of the marital residence may be agreed upon in a formal separation agreement. A lawyer should always be retained to prepare a separation agreement and supervise the signing (or to review an agreement prepared by the other spouse’s attorney). Never sign a contract without understanding the meaning and the legal impact of each provision. Read more at North Carolina Advocates For Justice…
Even if you are in agreement about pursuing a separation and divorce, keep in mind that you must have separate legal representation. Each of you must have your own attorney. Additionally, you cannot claim to be separated if you are sharing a roof. There must be a physical distance between you and your spouse if it will count as separation.
If you are looking for an outstanding family law attorney in North Carolina, Meek Law Firm is at your service. We believe in pursuing value-driven success and ensuring that our clients receive the very best legal advice. Call us at (704) 848-6335 or complete the contact form on our website.