|
DIVORCE: Absolute
Divorce
According to the Census
Bureau, an estimated 2.5 million Americans are
divorced every year. Research has shown that the
stress caused by divorce is second only to the death
of a spouse. Couples considering separation or
divorce face the combined trauma of the break-up of
their marriage, anxiety about their future and
concern for their children. While many people go
through separation and the divorce process, it
remains a very personal and life-altering
experience. Divorce is a stressful situation, but
with a clear understanding of the law and your
options, you can make informed decisions that offer
the best chance for being satisfied with the outcome
of your divorce – now and in the future.
The purpose of divorce
is to dissolve a marriage and to sever the legal
bonds that spouses have. In spite of many couples’
best efforts to save their marriage through
counseling, trial separation and reconciliation,
divorce may seem to be the only alternative.
Once a decision has
been made to separate and divorce, several
considerations should be addressed. While North
Carolina will grant a divorce without regard to
outstanding issues such as custody, spousal and
child support, or distribution of property, it is
important to take appropriate action regarding these
matters to protect your rights.
While there are many
personal reasons for divorce, the state requires a
legally recognized cause to terminate the marriage.
In North Carolina the legal dissolution of a
marriage is called an “absolute divorce”. In the
past north Carolina only granted divorces upon a
showing of sufficient fault. today North
Carolina is a no fault divorce state. The
state provides only two grounds for an absolute
divorce:
- Spouses have been
living separately for at least one year and either
spouse has been a resident of the state for at least
six months. This is North Carolina’s “no fault”
divorce, meaning that neither spouse is required to
prove marital fault to obtain a divorce as long as
they have met the requirement of living separate and
apart for at one year.
- Spouses living apart
for three years due to incurable insanity (although
insanity is seldom used as grounds for divorce
today).
The state also has a
legal separation in the form of a Judgment of
Divorce from Bed and Board. This is a fault-based
claim filed on a number of grounds including;
abandonment, adultery, excessive alcohol or drug
abuse, cruelty, personal indignities that make life
burdensome or intolerable, and malicious turning of
the other spouse outdoors.
Prior to filing a
divorce complaint, it is important to ensure that
you have taken relevant actions to protect your
interests. Consider all issues related to child
custody, child support, alimony and property
distribution before you set the divorce process in
motion. Think about your current and future needs
and have a clear understanding of your legal rights
and obligations. You must assert an alimony claim
before the divorce judgment so that the claim is
pending when the divorce is granted. If not, you
will lose your right to do so. With few exceptions,
a claim of equitable distribution (fair share of
marital property) must also be asserted prior to the
divorce judgment.
North Carolina allows
divorcing husbands and wives to keep support,
custody and property issues from going to court
through “Separation Agreement and Property
Settlement” contracts. In fact, most married couples
resolve their differences without court
intervention. However, approaching the divorce
process constructively while in the emotional throes
of the break-up in a marriage can sometimes be
impossible.
Divorce is not an easy
process from any perspective. However, it is
important to look beyond the near-term emotions and
concentrate on protecting your rights. The help of
an experienced legal counselor can help ensure that
your interests are protected and that you do not
agree to provisions that you will regret sometime in
the future. Please
contact us
today to discuss your case. For
additional information, please review the following
pages:
> Our Practice: Divorce
& Separation
> Common questions about Divorce in North Carolina:
Divorce FAQs |
