Despite effort and time, some marriages do end up in divorce. Before you file for divorce, it is wise to consider all possible things that can save your marriage. If divorce seems like an eventuality, you need to start looking for legal advice and guidance. In your best interests, talk to a Charlotte divorce lawyer, soon after you take a decision. An attorney can be an instrumental factor for easing the divorce. In this post, we are sharing some basic things worth knowing about divorce in North Carolina.
1. There are separation and residency requirements
To file for divorce in North Carolina, you and your spouse must have lived separately for at least one year. Separation doesn’t mean two different bedrooms here, but two separate residences. As per the residency requirements, at least one of the spouses must have lived in North Carolina for at least six months before filing for divorce.
2. You can file for “divorce from bed and board” in North Carolina
In NC, “divorce from bed and board” refers to fault-based divorce, but it is not considered as an absolute divorce. Grounds include abandonment, cruel treatment, adultery and addiction to alcohol or drugs. When the divorce is filed, the petitioner must prove that the other spouse has done something that fits one of the grounds. The judge, if satisfied with the evidence, will give a divorce judgment. The divorce judgment basically states that the couple cannot be forced to live together. Note that this is more of a separation, rather than an absolute divorce, so the spouses cannot remarry. The couple, after living separately for a year at the least, can file for absolute divorce.
3. You can get alimony
You can file for alimony in North Carolina, but a bunch of factors will be considered before the court orders the same. Income of both spouses, marital misconduct, education, and financial status of spouses are some of the basic things that influence alimony. The need of the asking spouse and the ability of the paying spouse will have a big role in deciding the alimony amount, and the judge will consider the length of the marriage.
Now that you have checked the basics, find an attorney to discuss your divorce further. Keep in mind that no two divorces are the same, and you need to have an attorney on your side, to protect your rights and interests. Check online now to find more on North Carolina divorce lawyers.