Experienced Divorce Lawyer in Wilmington NC
There are many couples in the state of North Carolina that decide to divorce each year. It Is often a difficult and painful decision. Divorces in the state of North Carolina are granted based upon a one year separation period.
Finding a professional divorce lawyer in Wilmington NC is not that easy, but before that you should be aware enough of what you are about to do. North Carolina is a no fault state. However, there are many other marital claims that arise out of the dissolution of a marriage. The claims associated with a divorce or the dissolution of marriage are: Alimony, Child Custody, Child Support, Equitable Distribution, Interim Distribution, and Post Separation Support.
It is necessary to file claims for Equitable Distribution, Interim Distribution, Post Separation Support, and Alimony prior to the entry of the Divorce Judgment. If one fails to file the aforementioned claims there is a strong possibility that the claims maybe lost forever.
Divorce in North Carolina typically requires the spouses to be separated for a period of one year before it will be granted. The only exception is in cases where one spouse suffers from incurable insanity. Divorce, technically called “Absolute Divorce”, officially ends the marriage between spouses, but it also ends a few other legal protections.
Common Divorce Questions
In North Carolina, “absolute divorce” refers to the termination of the marriage bond that was created by your wedding ceremony and marriage certificate. Divorce permanently ends that marital relationship. Because the marital relationship is terminated, the spouses no longer owe each other any further marital obligations or duties, and they are free to remarry.
The North Carolina no-fault divorce statute allows the parties to divorce, if they meet the following three (3) criteria: (1) they must live “separate and apart” (meaning, they are not living as spouses and do not share a residence) for one uninterrupted year. (2) the reason they are living apart is that one or both want to stop living and acting as a married couple. (3) at least one of the spouses has lived in North Carolina for the last six months. That is all that the statute requires. This is a simple threshold to meet, because all it requires is the passage of time.
The court may also grant an absolute divorce on grounds of one spouse’s “incurable insanity.” This is the rarer of the two routes to an absolute divorce. It requires, among other things, that the spouses currently live separate and apart and that they have lived separate and apart for the last three years because the mentally ill spouse was confined for purposes of medical treatment. If you think this law might apply to you, it would be prudent to consult with an experienced family law attorney, because the law is complex.
No, not in North Carolina. States that have “fault” divorce laws allow “innocent” spouses to obtain a divorce on the basis of emotional, physical, or financial injuries caused by the “guilty” spouse (the one who has committed some kind of marital misconduct). Obtaining a divorce on the basis of fault can be time-consuming and difficult, so North Carolina abolished all its fault laws in 1983.
There are many variations of but the majority have suffered alteration in some form, by injected humour, or randomised words which looks. There are many variations of but the majority have suffered alteration in some form, by injected humour, or randomised words which looks. Annulment means that the marriage between two spouses is voided. Once the Court orders an annulment, it is as if the marriage never existed. You can only get an annulment in very limited situations. This is not the same as a religious annulment, which can only be granted by your church and has no legal effect on your marital status.
Many people think an annulment is an easier or quicker alternative to getting a divorce, but this is simply not true. Because the situations in which an annulment could be granted are limited and very specific, you should seek the help of a lawyer if you want an annulment.
In North Carolina, a marriage that is shown to be invalid can be annulled. There are two types of invalid marriages in North Carolina - "voidable marriage" and "void marriage." A "voidable marriage" includes the following situations:
1. incest, meaning the husband and wife are closer than first cousins (for example: double first cousins, uncle/niece, siblings),
2. “false pretenses,” meaning the husband and wife got married believing the wife was pregnant, but then separated within 45 days of the marriage and no child was born within 10 months of the separation,
3. either spouse was physically impotent at the time of the marriage (impotence must be diagnosed by a doctor),
4.either spouse was “not of sound mind” and incapable of entering a contract at the time of the marriage, or
one of the spouses was under the age of 16 at the time of the marriage (unless there was a court order allowing marriage between ages 14-16 when the wife is pregnant).
It is important to understand that voidable marriages can be made made legal or “ratified” by the actions of the husband and wife. If the husband and wife continue to live together after the marriage and then have a child together, their marriage may become valid. If this happens, one of them would have to file for a divorce to end their marriage.
In North Carolina, the only absolutely "void marriage" is when there is bigamy (where one spouse was already legally married to some other living person). A bigamous marriage is never made valid by the actions of the spouses and can even be challenged after the death of one of the spouses. A bigamous marriage is automatically void and an annulment is not legally needed to make the marriage void. However, even in this situation, you should still seek a court order that annuls your marriage in order to avoid future confusion about your marital status.
North Carolina law allows a spouse, in conjunction with a divorce, to take a name other than the current spouse’s last name. You would petition for the name change when you file your divorce complaint or when you file your answer to your husband’s complaint.
In your complaint for divorce or your answer, you may petition the court to change your name to either your maiden name, the surname of a prior deceased husband or the surname of a prior living husband if you have children who have that husband’s surname. The court will issue an order at the time of the divorce granting your request for a name change.
Should you decide after the divorce that you want such a name change, you just present your divorce judgment to the clerk of court. For a nominal fee, you will be allowed to have one of the name changes specified above.
Legal separation in North Carolina occurs on the date that a husband and wife move into separate residences with the intent to continue living apart from one another. Sharing the same residence but sleeping in separate bedrooms does not constitute separation.
No. You are legally separated as soon as you begin living separate and apart with the intention for the separation to be permanent. Although the law does not require a couple to sign paperwork when they separate, you should consider drafting a separation agreement if you decide to live apart. Many people frequently hire attorneys to draft their Separation Agreement and Property Settlement papers in order to resolve certain issues at the time of separation. Within these separation agreements people often outline how their property will be divided, how much, if any alimony will be paid, how child custody will be arranged, and what amount of child support will be paid.
A separation agreement can contain any one or all of the issues. The only issue that cannot be contained in a separation agreement is the divorce itself. The divorce can be obtained after one year and one day of separation in North Carolina. When spouses are in agreement over these issues and wish to avoid more costly litigation in court, a Separation Agreement and Property Settlement may be their best option. However, it is always in your best interests to meet with an attorney to discuss your rights and to make sure that you understand the separation papers before signing them.
In North Carolina, spouses are required to live separate and apart for at least twelve (12) months and a day prior to filing a Complaint for Absolute Divorce. This means that the parties have lived in separate residences for at least a year and have at no time resumed the marital relationship which formerly existed between them during that period of separation.
Under prior case law, living “separate and apart” meant a cessation of habitation as well as sexual relations. Under present law, isolated incidents of sexual intercourse after the date of separation do not stop the statutory one-year period from running, provided such incidents do not amount to a “resumption of marital relations.” Whether or not such resumption of marital relations occurs is to be determined by “the totality of the circumstances.” That means that one incident of sex is unlikely to stop the year’s running, but no one knows for sure how much sex is “too much” for purposes of calculating the consecutive one-year period required for divorce.
Under prior case law, living “separate and apart” meant a cessation of habitation as well as sexual relations. Under present law, isolated incidents of sexual intercourse after the date of separation do not stop the statutory one-year period from running, provided such incidents do not amount to a “resumption of marital relations.” Whether or not such resumption of marital relations occurs is to be determined by “the totality of the circumstances.” That means that one incident of sex is unlikely to stop the year’s running, but no one knows for sure how much sex is “too much” for purposes of calculating the consecutive one-year period required for divorce.
No. Lawyers are bound by the Rules of Professional Conduct which prohibit representing both sides in an adversarial – or potentially adversarial – situation.
It doesn’t matter. As long as you have been living separate and apart for more than one year and correctly filed the proper paperwork, you can get a divorce.
If you have hired an attorney, then the answer is usually no. Your attorney will bring the draft of the Divorce Judgment, which the judge will sign, after reviewing the legal filings and ensuring that everything has been processed and served correctly. On a rare occasions, a live hearing may be required by the Court, and your attorney will advise you of this in advance.
