It may not be an easy decision to seek a divorce from your spouse, but acknowledging that you may need help is equally difficult. Clearly, the process can be stressful, emotional, scary and may have a huge effect on your future. With the right family law attorney, that time in your life can be much easier.
In North Carolina, there are two grounds for an absolute divorce, incurable insanity and a one-year separation. Incurable insanity is rare and can entail a lengthy court process. Most divorces are obtained through the one-year separation of both parties. During the one-year period, the parties must live separate and apart with no intention of resuming the marital relationship. To be granted an absolute divorce, the court must find that there was a valid and legal marriage, that one party has been a resident of North Carolina for a minimum of six months, and that both parties were physically separated and resided in separate residences for one full year. At the conclusion of the one-year period, that being on the 366th day, either party can file a complaint for divorce.
Cornelius Complex Divorce Lawyer
Getting a divorce in North Carolina is simple, as long as you can establish the requirements. However, you must be careful because you may be entitled to certain rights that you would waive if you fail to demand them. Those rights are alimony and post-separation support and equitable distribution. Not everyone is eligible to receive these rights, and many spouses fail to agree on who gets what, making the divorce contested in the eyes of the court. If you are eligible and if you wish to receive these rights, you must demand them before you are legally divorced. If you fail to demand these rights before the judge grants your divorce, you will not be able to recover them later.
The implications and loss of these rights can have a huge impact on your life. Therefore, it is extremely important to consult with an experienced Charlotte contested divorce lawyer at Moretz & Skufca, PLLC.