In life, preparation is important. It is always good to be ready for any type of scenario you may one day encounter. Although it is not a topic anybody wants to think about, divorce is all too common, and this is why it pays to understand how the process works in North Carolina. This is especially true if you are going through difficulties in your marriage. Hopefully things will work out for the best, but if it looks as though you are headed for a divorce, it is important to be proactive. Here is some basic information about how the NC divorce process works:
Step 1: Separation
Different states have different rules when it comes to divorce, but in NC, the first step involves a physical separation. A couple has to live apart from each other for at least a year, and they will not be considered separated until they begin living in different homes. The year designation is very important; if for any reason a couple starts living with each other again, the timeframe starts over when they go back to separate living quarters..
The NC divorce process does not require specific legal action during a separation, but some people do choose to go with a separation agreement. This type of contract can be helpful if there are pressing issues such as spousal support or child custody. An attorney can help you set up a separation agreement that addresses all important areas.
The NC Divorce Process May Involve Divorce from Bed and Board
Divorce from bed and board is a legal separation ordered by the court. One spouse has to prove that the other committed a marital fault in order to qualify for a divorce from bed and board. These faults could include adultery, violence, use of drugs or alcohol, or abandonment.
Step 2: Divorce Complaint
The second step in the NC divorce process is the filing of a divorce complaint with the clerk of court in your county. If you do not already have a lawyer, you will want to hire one for this. It is possible to file the complaint on your own, but there are a variety of legal intricacies involved that require the experience and knowledge of a divorce attorney. Once the complaint is filed, your spouse will be served with it. If the divorce is uncontested, there is little else you will need to do other than wait until it is granted. If, however, there is any sort of dispute, you will need to rely on the advice of your lawyer. He or she will work for you to make sure you get the best outcome in the shortest amount of time possible.
The NC divorce process is relatively straightforward, but there are a lot of details that can make it complicated. To learn more, contact Emblem Legal. We will go over all of the particulars and explain your rights and obligations. Don’t wait until the last minute to educate yourself; get in touch with the experienced legal professionals at Emblem Legal.