Read More. North Carolina Legal Assistance for Military Personnel, Standing Committee of the North Carolina State Bar, provides information about grounds for divorce, residency requirements for filing for divorce in North Carolina, information about marital and separate property, considerations for ordering alimony and more.
North Carolina Legal Assistance for Military Personnel, Standing Committee of the North Carolina State Bar, provides information about survivor benefit plans, including frequently asked questions about elections, beneficiaries, timelines, and coverage in event of divorce. This public education brochure from Advocates for Justice provides basic information about North Carolina law relating to separation and divorce. How can I enforce a Court Order regarding military retirement pay, child support or alimony owed by a service member? The court is entitled to review marital misconduct in relation to whether someone should receive alimony or not, and abandonment constitutes marital misconduct.
What is Alimony?
If your spouse is accusing you of abandonment prior to or during a divorce, you need to work with an experienced divorce attorney to disprove the allegations and ensure they do not lead to an inequitable result. Jonathan Breeden is an experienced divorce attorney who is ready to take on your case. Contact Breeden Law Office online, or call to schedule your confidential consultation. Divorce has huge financial implications for your future.
One absolutely crucial aspect of divorce is alimony or spousal support. If you are ordered to pay alimony, it can have an…. When you get a divorce, all of the assets and debts of the marriage are divided through a process called Equitable Distribution in North Carolina. Asset division is a complex processwhich has significant implications for your financial future. Because divorce has so many complex financial…. Call Today: April 04 in Divorce , Legal Blog. What is Abandonment in NC? What is Not Considered Abandonment A court will not deem you to have abandoned your marriage if you and your spouse agreed that you would leave the family home.
The legal information on this site is most valuable at the stage when you are planning a separation, so that you can avoid action or inaction that will be more difficult to undo or correct later on. Just follow the links below to find out more, or visit our NC Divorce Center to see all of the resources available. There are only two grounds for divorce in North Carolina. The first is a one-year separation.
Types Of Divorce
You must assert, under oath, that you and your spouse have been living separate and apart for one year. It is not enough to assert that you have lived in separate bedrooms, or that you have not engaged in acts of sexual intercourse. You must live in separate residences during that year. You do not need to file any papers to document the beginning of your separation; your assertion is sufficient to prove that the year has elapsed.
The second ground for divorce in North Carolina is incurable insanity. However, this is rarely used. The Absolute Divorce in North Carolina is the easiest part, from a legal perspective, of the end of a marriage.
Legal information for North Carolina veterans and families
Our firm sponsors monthly North Carolina Divorce Legal Seminars which address the multitude of issues found in most divorce disputes. There are two ways to get divorced. The first and most common way to obtain a North Carolina divorce is to prove a one year separation. The other way to obtain a North Carolina divorce is to prove incurable insanity. Most North Carolina divorces are obtained after proving a one year separation. The typical North Carolina divorce is granted within about 60 days of the date of filing.
The procedure for drafting, filing and serving most litigation documents is too complex and too fraught with legal peril to be attempted by most laypersons. The three primary methods for resolving divorce disputes are mediation, arbitration, and collaborative divorce. Mediation allows you and your spouse to reach a fair settlement with the help of a third, neutral party called a mediator, who can be a lawyer, mental health professional, clergy member, or other professionals trained in alternative dispute resolution techniques. Arbitration relies on the use of a private judge to decide the issue, rather than subjecting yourself to the inefficiency and public nature of the court process.
Even if you never set foot inside a courtroom, knowing how judges make decisions will give you a better idea of how to approach negotiations in your own situation. The exact attorney fee will vary with the services you require. Many law firms charge their clients a certain fee per hour. Some firms, ours included, charge certain fees for certain services.
We provide a fee calculator on this website that is based on fixed fees to help estimate the potential cost of your attorney fees. Also, during a consultation, our attorneys can provide you with a detailed explanation of the exact legal fees for your case. A lawyer who truly listens to you and responds appropriately can greatly reduce your fears, uncertainty and confusion. But not all lawyers are going to make you feel worse. Most lawyers are going to make you feel better, if only because you can get confirmation of your predictions about why things have happened the way they have and where things are going.
Spousal Support / Property Distribution | NC Vets Legal
Sometimes, financial necessity means handling some of the pieces on your own, and our guide to reducing the cost of divorce outlines ways you can spend less, whether you hire an attorney or not. In distributing marital property , the court conducts a three-step analysis. In North Carolina the process of dividing the property and debts of a marriage is called Equitable Distribution.
Identification is the assessment of whether husband, wife, or the marital entity has any claim of ownership to any type or item of property.
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Alimony in North Carolina is payment for the support and maintenance of a spouse, either by lump sum or on a continuing basis. The North Carolina alimony statutes contain sixteen factors which guide the court in making an alimony determination.
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Both postseparation support and alimony are available in a North Carolina Divorce. Support is payable to financially dependent spouses without any requirement that the supporting spouse be proven to have been at fault. Be aware, however, that a dependent spouse can lose support after having an affair. In cases where the supporting spouse can prove that the dependent spouse engaged in uncondoned illicit sexual behavior, and the supporting spouse committed no similar fault, the dependent spouse loses his or her technical entitlement to alimony but not the possible right to postseparation support.
Child custody will be determined in one of two ways, either by agreement between you and your spouse or by a court order. Many couples do not understand that without some written agreement or court order, a child is vulnerable to unpredictable disruption in living arrangements and discontinuity. Parents often wonder when, if and how their children get to decide which parent they will live with.
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When a parent fails to comply with the order of the court the contempt statutes can provide a solution to the problem. Because no two situations are alike, getting advice about your specific circumstance is critical. Until you both settle, or until a court issues a ruling on custody, remember that the general rule applies: each parent has co-equal rights to the physical possession of a child of the marriage. Unless there is some written document establishing custodial and visitation rights, the custodial arrangements are subject to being changed at the whim or caprice of either parent.
The court will order that child support be paid to the custodial parent by the non-custodial parent. These guidelines are adhered to by the court in the typical case; however, the court may deviate from the guidelines. This fight over language is often less important legally than the spouses think.