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Absolute
Divorce
There are
two grounds for divorce in North Carolina:
The
first is that the spouses are separated (actually
living in two separate locations, not different rooms of
the same house) consecutively for at least a year and a day.
When
they separated at lease one of them had to have had the intention to
end the marriage (the other spouse does not have to feel
the same way). Also the marital relationship
should not have resumed at any point during the
separation period
(isolated incidents of sexual intercourse between
spouses is not enough to be considered resumption
of marital relations - resumption of marital relations
is
determined by all of the circumstances).
In most
cases the only requirement to prove separation is one
spouse's testimony, written and verified or given in
person at the courthouse, stating the date the couple
separated. There is no need for any documents to
prove separation unless the other spouse contradicts the
testimony.
Read
North Carolina statutes regarding divorce after
separation of one year.
The second ground for divorce is in the event that one spouse is incurably
insane. In order to file for divorce, the spouses
must have lived apart for three consecutive years
because of the insanity. After the three year
separation the spouse who is not insane can file for
divorce.
Read North
Carolina statutes regarding absolute divorce in cases of incurable
insanity.
The
vast majority of the time divorce actions are filed after
separation for a year and a day. If there are no
issues to be heard by the court, such as
child custody,
child support,
alimony,
equitable distribution
(distribution of property acquired during the marriage
or otherwise in dispute), spouses can have their case
resolved and get a judgment for divorce in as little as
two months.
Even if
other issues are still pending with the court, it is
possible to obtain a judgment for divorce before those
issues are resolved. It is very important to
understand that unless a claim for
alimony has been
filed with the court before the entry of a
divorce judgment (that means, before the court grants the divorce)
the right to alimony is lost. The same is true
regarding a claim for
equitable distribution
of property.
When filing for absolute
divorce, a woman can file to resume use of her maiden
name, the name of a living former spouse with whom
she has a child or children with the same last name, or
the name of a former spouse who is deceased. There
is no extra cost for the name change if it is done at
the time of divorce.
Read
North Carolina statutes regarding resumption
of maiden (applicable to women) or pre-marriage surname
(applicable to men).
It is
possible to file for absolute divorce without an
attorney, however there are risks. Divorce is a
legal process and when a marriage breaks up both sides
have legal rights, including rights to the income and
property acquired during the marriage, and possibly
future income. Future income may include income
from company
pension plans, 410(k), IRA's and Social Security.
Protect you rights; talk to an attorney at Haas McNeil & Associates, P.A before signing any agreements.
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