To learn more about filing for a no-fault divorce or to start the process today, please call our skilled Wilmington family law attorneys at the Speaks Law Firm today for a consultation. What Is a No-fault Divorce?
North Carolina No-Fault Divorce Attorney
What Are the Requirements for a No-fault Divorce? There are only two requirements for filing for a no-fault divorce in Wilmington. Either you or your spouse must be a resident of North Carolina, and that residency must have been maintained for at least six months prior to filing for divorce. You and your spouse must have lived separate and apart without cohabitation for a time period of at least one year prior to filing for a divorce. However, isolated incidents of sexual relations between the parties will not toll the required statutory period for divorce.
What will the judge consider in deciding how to divide property? By law, an equal division of marital property is preferred, but if either spouse requests an unequal division and the judge finds that an unequal distribution would be fair, the court may give more of the property or debt to one party than the other. Judges consider many factors in deciding how to divide property.
Marital misconduct is not a factor in equitable distribution except in cases of financial misconduct after separation. You can see the entire list of factors here. There are no guidelines or formulas in North Carolina law to determine how much alimony a dependent spouse should receive.
North Carolina No-Fault Divorce (No Children) - Legal Forms
Instead, the judge determines how much alimony is appropriate after hearing the facts of the case. There are no guidelines or formulas in North Carolina law to determine how long alimony should last. Instead, the judge decides this depending on the facts of the case. Regardless of the time period initially set by the judge, alimony ends if the dependent spouse remarries or moves in with a new romantic partner, or if one of the parties dies.
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What will the judge consider in deciding whether to grant alimony? You can view the entire list of factors here. A dependent spouse who cheated on the supporting spouse before separation loses the right to alimony. A supporting spouse who cheated on the dependent spouse before separation will be forced to pay alimony.
If both parties cheated on each other during the marriage, the judge has discretion to decide whether to order alimony. Judges also consider other forms of marital misconduct, which include abandonment, cruel treatment, financial misconduct, alcohol or drug abuse, and involuntary separation if one of the spouses is imprisoned. The entire list of behavior defined as marital misconduct can be seen here.
If the judge finds that the other party violated the order, the judge will decide the appropriate penalty. An attorney can assist you with this process. If your separation agreement was included in a court order, such as your divorce decree, you can ask the court to hold the person in contempt of court see above. If not, you can enforce your separation agreement by suing your former spouse for breach of contract.
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Uncontested Divorce in North Carolina
Separation How can I get legally separated in North Carolina? What is a separation agreement? Do I need a separation agreement? How do I get a separation agreement?
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What is a Divorce from Bed and Board? What is post-separation support? Does my spouse have to agree to the divorce? How do I file for divorce? To file for divorce, you must file the following documents with the clerk of court in the county where either you or your spouse lives: A complaint, stating the facts of your case and your request for a divorce.
The courts do not provide a standard form for the complaint. If you intend to file for property division or spousal support, you must include all supporting facts and your requests in your complaint. A summons. This is intended to protect the legal rights of active-duty service members. You must pay the court filing fee. If you are unable to do so, you can apply to file as an indigent using this form.
Fault Divorce in North Carolina
How do I serve my spouse after filing the documents? What happens in court at a divorce hearing? You also may want to contact a North Carolina divorce attorney or conduct your own legal research to verify the state law s you are researching.
You may be angry, confused, overwhelmed, and simply want to move on with your life as quickly as possible. As you are going down the road to a divorce in North Carolina, there are many issues you will need to consider such as child visitation, child support, and division of your assets. Get help with all the legal aspects of a divorce by contacting a skilled North Carolina divorce lawyer in your area.
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